Part 6 — OFF-STREET PARKING

The purpose and intent of this Chapter is to ensure that sufficient off-street parking facilities are provided for all uses and that parking facilities are properly designed and maintained.

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

Except as otherwise provided in this Section, every use, including a change or expansion of a use or structure shall have appropriately maintained off-street parking and loading areas in compliance with the provisions of this Section. A use shall not be established and structures shall not be occupied until improvements required by this Section are satisfactorily completed.

a

Section 9252: Cultural Resource District (CR) standards shall take precedence where applicable.

b

Standards established in an adopted Specific Plan, Planned Community, Development Agreement, or similar governing document, shall take precedence where applicable.

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

a

Minimum Parking Requirements:

1.

There shall be provided at the time of establishment of use and/or occupancy of any building or structure a minimum number of off-street parking and loading spaces as required in this Chapter for said use, building and/or structure with adequate provision for safe ingress and egress.

2.

Parking and loading spaces provided shall be designed in conformance with this Section.

3.

Parking and loading spaces may not be located within any front or side setback area, except as provided in this Code.

4.

Parking of vehicles on an unpaved surface is prohibited, except when approved by a Temporary Use Permit.

5.

Parked or stored vehicles, recreational vehicles (not within an established mobile home park), or other similar items shall not be used for temporary or permanent habitation or sleeping purposes.

(Ord. No. 1418, Sec. 2, 2-5-13)

b

Availability:

1.

Required off-street parking areas and access ways shall be made permanently accessible, available, marked and maintained for the purposes of temporary vehicle parking and access only. Required parking shall not be: (Ord. No. 1524, Sec. 43, 8-16-22)

a.

Rented, let, or used for storage of property, or used to park an inoperative or non-motorized vehicle, or otherwise be blocked in any manner that would impede access to or the use of any required parking space for the temporary parking of vehicles. A vehicle parked on private residential property belonging to or occupied by the owner of such

vehicle for the purpose of temporarily displaying them for sale shall be exempt from this prohibition, provided such temporary display does not exceed ninety (90) days in any calendar year.

b.

Used for overnight parking except by residents or tenants with the authorization of the property owner.

2.

Required residential parking spaces shall be subject to the following:

a.

Residents shall not store or park any non-motorized vehicles in any parking space, driveway, or private street area except for the purpose of loading, unloading, making deliveries or emergency repairs.

b.

Garages shall be available for the parking of vehicles. Storage of personal items may occur in a garage only to the extent that such storage does not impede vehicle parking nor reduce the number or required minimum size of the required garage space.

3.

Required nonresidential parking spaces shall be permanently available for tenants, employees, customers and guests having lawful reason to be at the premises for which the parking is required. In the absence of prior approval from the Community Development Director, it is unlawful for any owner, lessee, tenant, or any persons having control of the operation of the premises to prevent, prohibit, or restrict authorized persons from using the required parking.

(Ord. No. 1418, Sec. 3, 2-5-13)

c

Maintenance.

1.

It shall be the duty of the property owner to maintain and repair required parking areas and associated improvements in accordance with this Code and any other conditions imposed at the time of approval.

2.

Parking spaces, driveways, maneuvering aisles, paving, light standards, walls, turnaround areas, landscaping and other improvements shall be maintained in a good condition and be free of debris, graffiti, and litter.

3.

A parking lot maintenance/restriping permit shall be required prior to commencing any maintenance activities in the parking lot involving reconfiguration or restripe, like for like, of an existing parking lot. (Ord. No. 1574, Sec. 13, 3-17-26)

(Ord. No. 1418, Sec. 4, 2-5-13)

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

9263 - OFF-STREET PARKING REQUIRED

Each land use shall provide at least the minimum number of off-street parking spaces required by this Section, except where a greater number of spaces are required through a land use entitlement approval or where an exception has been granted in compliance with Section 9264 (Reduction of Off-Street Parking Requirements).

a

Expansion of Any Structure or Change In Use. When a structure is enlarged or increased in density capacity or intensity or when a change in use requires more off-street parking, additional parking spaces shall be provided for the proposed change in compliance with this Section.

(Ord. No. 1418, Sec. 5, 2-5-13)

b

Mixed-Use/Multi-Tenant Developments. Except as provided in Section 9264a, whenever two (2) or more uses identified in this Chapter exist within separate tenant spaces on the same site or within the same building:

1.

The number of parking spaces required of each separate tenant space shall be determined separately at the rates established in this chapter for each tenant use.

(Ord. No. 1418, Sec. 6, 2-5-13)

2.

Except as provided in Section 9263b3., parking for ancillary activities or uses within all zoning classifications shall be provided at the parking ratio required of the primary use.

3.

Within the PM and M zoning classifications, ancillary activities or uses within a single tenant space not exceeding ten (10) percent of the tenant's gross floor area shall be calculated at the parking ratio of the primary use. Parking required for activities or uses within a single tenant space that exceed ten (10) percent of the gross floor area of the tenant space shall be determined separately at the rates established in this Chapter for each use.

c

Uses not listed. Uses not specifically listed in Section 9263g (Table 1) shall provide parking as required in a written determination by the Community Development Director on the basis of the requirements for similar uses. The Community Development Director shall use the requirements of Section 9263g as a general guide in determining the minimum number of off-street parking spaces to be provided.

d

Gross Floor Area. Gross floor area shall be used as a basis for calculating the number of parking spaces required in this Section. Gross floor area shall be measured as the area bounded by the outer face of exterior walls including auxiliary common areas such as a hallway, lobby, and restroom.

e

Rounding of Quantities. When calculating the number of parking spaces required, any fractional space shall be rounded up to the next whole number.

f

Company-Owned Vehicles. The number of parking spaces required by this Section does not include spaces for company-owned vehicles. Parking spaces for company-owned vehicles shall be provided in addition to the number of parking spaces required for the primary use and may utilize tandem parking spaces.

(Ord. No. 1418, Sec. 7, 2-5-13)

g

Parking Requirements By Land Use. The minimum number of parking spaces to be provided for each use shall comply with Table 1.

TABLE 1: PARKING REQUIREMENTS BY LAND USE

(Ord. No. 1454, Sec. 6, 9-15-15; Ord. No. 1462, Sec. VI, 11-3-15; Ord. No. 1479, Sec. 10, 4-4-17; Ord. No. 1497, Sec. 4(Att. C), 7-3-18; Ord. No. 1517, Sec. IX, 12-7-21; Ord. No. 1524, Sec. 44, 8-16-22; Ord. No. 1526, Secs. 3, 4, 9-20-22; Ord. No. 1555, Sec. 2, 3-4-25)

h

Disabled/Handicapped Parking Requirements. Parking areas shall include parking spaces accessible to the disabled in the following manner:

Number of spaces and design standards. Parking spaces for the disabled shall be provided in compliance with the accessible parking requirements contained in the California Building Code.

2.

Reservation of spaces required. Disabled accessible spaces required by this Section shall be reserved by the property owner/tenant for use by the disabled throughout the life of the approved land use.

3.

Upgrading of markings required. Standards for the marking, striping, and signing of disabled parking spaces, disabled accessible spaces within the City shall be in compliance with the State standards. Upgrading to the State standards shall be completed by affected property owners within sixty (60) days of their being notified in writing by the City of new State standards, or within a time period and in a manner prescribed by State law, whichever is earlier.

4.

Fulfilling of requirements. Disabled accessible parking spaces required by this Section shall count toward fulfilling offstreet parking requirements.

i

Stacking Space. Number and location of stacking spaces for drive-through lanes shall be determined during project review. A stacking space shall have the same length as a standard parking space.

j

Uses not Listed in Section 9263 Table 1. The required number of parking spaces for uses not listed in Section 9263 Table 1 shall be the same as for a use specified which has similar traffic generating characteristics. The Community Development Director and City Engineer or their designee, shall determine what constitutes similar traffic generating characteristics.

(Ord. No. 1354, Sec. II, 11-4-08; Ord. No. 1373, Sec. II, 1-19-10; Ord. No. 1418, Sec. 8, 2-5-13; Ord. No. 1425, Sec. 2, 2-5-13)

9264 - REDUCTION OF OFF-STREET PARKING REQUIREMENTS

a

Joint Use of Parking Areas. With the approval of a Conditional Use Permit, parking facilities may be used jointly for nonresidential uses with different peak hours of operation. Requests for a minor Conditional Use Permit for shared parking shall meet all of the following requirements:

1.

A parking study prepared by a California licensed traffic engineer or civil engineer experienced in the preparation of such study shall be submitted by the applicant demonstrating that no substantial conflict will exist in the peak hours of parking demand for the uses for which joint use is proposed. The methodology to be used in preparing the study shall be that promulgated by the Institute of Transportation Engineers (ITE), the Urban Land Institute (ULI) or other industryaccepted methodology, as determined by the Community Development Director; (Ord. No. 1524, Sec. 45, 8-16-22)

The number of parking spaces which may be credited against the requirements for the structures or uses involved shall not exceed the number of spaces reasonably anticipated to be available during different hours of operation;

3.

Parking spaces designated for joint use shall be located so that they will adequately serve the uses for which they are intended;

4.

A written and recorded agreement shall be drawn to the satisfaction of the City Attorney and Community Development Director and executed by all parties concerned assuring the continued availability of the number of parking spaces designated for joint use and availability of reciprocal access easements.

5.

Zoning Administrator approval of a minor Conditional Use Permit is required for parking areas serving structures totaling less than thirty thousand (30,000) square feet. Planning Commission approval of a Conditional Use Permit is required for all other parking areas with joint-use parking.

b

Historic Resource Residential Parking. When associated with a recognized historic resource, as identified in this Section, the number of required off-street parking spaces may be decreased by one (1) garage or parking space upon Zoning Administrator approval of a minor adjustment per Section 9299 (Zoning Administrator). Approval of a minor adjustment can be made when all the following circumstances are found to apply:

1.

The adjusted decrease is for parking that serves a residence that is currently listed or is qualified to be listed in the City's Historical Resources Survey.

2.

A minimum one-car garage is provided on-site.

3.

Providing a new garage space or access to a new garage could result in the significant alteration or demolition of any historic structure or resource listed or eligible to be listed in the City's Historical Resources Survey including historic garages that contribute to the listing of the structure or resource.

4.

New increases in square footage would not exceed one hundred fifty (150) percent of the square footage of the structure that legally existed as of the date of adoption of this Ordinance; and, the total gross floor area of the residence does not exceed two thousand (2,000) square feet, including any detached habitable space (e.g. guest house, etc.).

5.

The required number of parking spaces can be accommodated off-street outside of a fully enclosed garage within an existing legal driveway, tandem space, carport, etc.

The adjusted decrease is granted as a means to preserve the integrity of the historic structure.

7.

That the design of the modification to the historic resource will be a positive contribution to the community.

8.

Reserved. (Repealed Ord. No. 1517, Sec. X, 12-7-21)

c

Reduction in parking due to American Disabilities Act (ADA) upgrade. When required solely as a need to upgrade existing parking facilities to comply with Title 24, Title III and California Code of Regulations (CCR), or other California Access Codes or requirements, the total number of required parking spaces may be reduced at the discretion of the Community Development Director. The property owner shall demonstrate that by bringing the site into conformity with State and Federal ADA, required nonaccessible parking spaces will be unavoidably lost and shall submit a parking lot site plan that clearly identifies the entire onsite parking area showing that the loss of required nonaccessible parking spaces is unavoidable by parking space redesign. The Community Development Director may require appropriate parking lot redesign options that maintain any portion of the number of required nonaccessible parking spaces.

d

Reduction of nonresidential or commercial parking requirements within the Downtown Commercial Core Specific 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. The Zoning Administrator shall make a determination that the proposed project requesting payment of the Parking Exception Fee meets the findings set forth in Section 9299(b)(4)(e). (Ord. No. 1536, Sec. 2, 4-16-24)

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

Where applicable, trip reduction/TDM program plans shall be prepared for review and approval in compliance with the City's TDM Ordinance (Article 9, Chapter 9 of the Tustin City Code) or by the Air Quality Management District. Compliance and enforcement provisions of the City's TDM Ordinance shall apply.

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

Off-street parking areas shall be provided in compliance with the following standards:

a

Access. Access to off-street parking areas shall be provided in the following manner:

1.

Parking areas shall provide adequate maneuvering room so that vehicles enter an abutting street or alley in a forward direction. Single-family residential and duplex residential uses shall be excluded from this requirement except when driveways take access from a designated major arterial highway;

All parking spaces shall have a minimum seven-foot vertical clearance. The front three (3) feet of a parking space in an enclosed garage or carport in a residential zone, however, may have a vertical clearance of four (4) feet to allow for enclosed storage to be provided above a vehicle's hood (See Figure 1).

b

Location, Nonresidential. Off-street parking areas shall be located in the following manner:

1.

Parking spaces shall be permanently accessible.

2.

Required parking spaces shall be located on the same parcel or center as the activities or uses served, except that required parking spaces may be located within five hundred (500) feet of the parcel served if subject to a recorded covenant running with the land, subject to City Attorney approval, that shall be recorded against the affected parcel by the owner of the parking lot guaranteeing to the City that the required parking spaces will be maintained for the use or activity served.

(Ord. No. 1418, Sec. 9, 2-5-13)

c

Location, Residential. Parking in residential zoning districts shall comply with the following regulations:

1.

Vehicles shall not be parked between the street property line and the front or side of the residential unit except on a legal driveway, parking space, garage or carport approved by the City.

2.

Storage of a recreational vehicle is prohibited except when located outside of any required front, side, or rear yard setbacks, on a paved surface, and when fully screened from view from the public right-of-way and adjoining properties by a wall or fence to a minimum height of six (6) feet and landscaping in a manner approved by the Community Development Director.

(Ord. No. 1418, Sec. 10, 2-5-13)

3.

Recreational vehicles may be temporarily parked on driveways in front of residences for not more than forty-eight (48) hours within any seven (7) consecutive day period of time for the purpose of loading and unloading only.

4.

In multifamily residential developments, parking shall only be permitted in designated parking spaces approved by the City.

5.

Fabric, plastic or other temporary shade structures designed or utilized for sheltering vehicles or parking purposes are prohibited.

No commercial or commercially licensed vehicle shall be stored on any residentially zoned or used property. No commercial or commercially licensed vehicle with a gross vehicle weight of over twelve thousand (12,000) pounds is allowed to be parked on any residentially zoned or used property or on any private residential street.

7.

A vehicle shall not be parked across or otherwise block any private or public sidewalk.

d

Parking Space Design and Dimensions:

1.

Minimum parking dimensions shall be as indicated in Table 2 and as illustrated by Figures 4, 5 and 6.

TABLE 2 MINIMUM PARKING STALL AND LOT DIMENSIONS

One-Way Traffic and Single Loaded Aisles in Parking Lot

One-Way Traffic and Double Loaded Aisles in Parking Lot

(Ord. No. 1524, Sec. 46, 8-16-22)

Two-Way Traffic and Double Loaded Aisles in Parking Lot

2.

General design requirements.

a.

Aisle width for internal circulation. The minimum aisle width for two-way traffic with no parking spaces is twenty (20) feet and a minimum of twelve (12) feet for one-way traffic with no parking spaces.

b.

Parallel parking spaces. Parallel parking spaces shall have a minimum width of nine (9) feet and a minimum length of twenty-two (22) feet as shown in Figure 8.

c.

Drainage. Off-street parking/loading areas shall be designed and constructed to ensure that surface water will not drain over sidewalks or adjacent parcels. Surface water shall be directed to landscape areas or bio-filtration planters and shall not be directed onto adjacent paved areas. Parking area design must comply with the City of Tustin Water Quality Ordinance and all Federal, State, and Regional Water Quality Control Board rules and regulations.

d.

Compact parking spaces. Compact car spaces may be provided as follows:

1.

Compact car parking spaces may be provided in addition to and not in lieu of required parking.

Each compact space shall be clearly marked as a compact space in letters not less than twelve (12) inches high and seven (7) inches wide, reading 'Compact' or as otherwise allowed by code.

3.

Compact parking spaces shall be located along the perimeter of parking areas, away from any entrance to buildings and uses.

e.

Wheel stops/curbing. Wheel stops or concrete curbing at least six (6) inches high and six (6) inches wide shall be provided for parking spaces located adjacent to walkways, fences, walls, property lines, landscaped areas and structures.

f.

Overhang. Parking stalls and wheel stops may be designed to allow a vehicle to overhang into landscaped or hardscaped areas a maximum of two (2) feet. A vehicle overhang shall not encroach into any required walkway, drive aisle or other required path of travel, including ADA path of travel. (Ord. No. 1524, Sec. 47, 8-16-22)

g.

Queuing distance. Parking lot entries accessed from a public or private street shall access driveways that are not intersected by a parking aisle, parking space, or another access driveway for a minimum twenty (20) feet from the property line, to provide a queuing area for vehicles entering and exiting the parking area. See Figure 7 (Access to Parking Spaces).

h.

Physical barrier. Parking spaces located adjacent to a physical barrier (i.e., wall, fence) shall be eleven (11) feet wide to allow for opening of vehicle doors.

i.

Dead-end drive aisle. Drives aisle with a dead-end configuration shall have a three-foot additional back-up space.

(Ord. No. 1418, Sec. 11, 2-5-13)

e

Landscaping.

1.

A minimum of five (5) percent of the interior parking lot area shall be permanently landscaped. The area of the parking lot shall be computed by adding areas used for access drives, aisles, stalls, and maneuvering. Required setback or buffer areas between the parking lot and property lines shall not be counted towards satisfying the parking lot landscape requirement.

2.

Perimeter parking lot landscaping shall be minimum five (5) feet wide. The minimum perimeter parking lot landscaping along street frontages shall be minimum ten (10) feet wide for parking lots abutting any major arterial highway. Additional landscape criteria are specified within individual zoning designation standards, where applicable.

Perimeter parking lot landscaping shall be designed and maintained to screen cars from view from the street to a height of thirty (30) inches to forty-two (42) inches. Screening materials may include a combination of plant materials, earth berms, solid masonry walls, raised planters, or other screening devices which meet the intent of this requirement. Trees shall be provided in these locations at a rate of one (1) for every twenty (20) lineal feet of landscaped area. Plant materials, signs, or structures within a traffic safety sight area of a driveway shall not exceed twenty-four (24) inches in height.

4.

Areas within the parking lot that are not used for parking or other approved uses shall be landscaped.

5.

At least one (1) 24-inch box tree for every six (6) parking spaces shall be included in the development of the landscape program for the site. Trees must be dispersed throughout the parking lot and shall be planted in locations that do not conflict with vehicle or pedestrian movement and access.

6.

A permanent and automatic irrigation system shall be installed and maintained in all landscaped areas to ensure proper maintenance of plant materials.

7.

A six-foot eight-inch-high decorative masonry wall shall be provided along the property line where a parking area, driveway, or vehicle turning area on a non-residentially zoned parcel abuts a residentially zoned parcel. Within a required front yard, the wall shall not exceed three (3) feet in height subject to visual clearance requirements at driveways. The Community Development Director may waive or modify this requirement to protect the visual clearance of adjacent residences or where screening is not necessary due to existing grade differentials or other reasons deemed acceptable by the Community Development Director.

(Ord. No. 1418, Secs. 12, 13, 2-5-13)

f

Lighting. Parking facilities shall provide lighting in compliance with the requirements of the Tustin City Code and other applicable requirements.

(Ord. No. 1418, Sec. 14, 2-5-13)

g

Design for Carports and Garages.

1.

Carports/covered parking shall have a solid roof structure that completely covers a carport parking stall. The provision of lockable storage space within the carport is optional and, if provided, shall be designed and maintained so as not to obstruct vehicle access to the required parking space (see Figure 1). Carports shall be screened from public view by a solid wall.

2.

Garages shall be completely enclosed on all sides, have a solid roof and a lockable door.

h

Residential Guest Parking. Off-street guest parking in residential zoning districts shall be designated and restricted, with appropriate signs/pavement markings, for the exclusive use of the guests.

i

Shopping Cart Storage. Shopping cart storage areas shall not be located within required parking spaces.

j

Striping and Identification.

1.

Parking spaces, aisles, approach lanes, and maneuvering areas shall be clearly marked with directional arrows and lines to ensure the safe and efficient flow of vehicles. If double stripes are used, parking space widths shall be measured from the center of the double stripes. The Community Development Director may require the installation of traffic signs in addition to directional arrows to ensure the safe and efficient flow of vehicles in a parking facility.

2.

Parking spaces for the disabled and compact spaces shall be striped and signed in compliance with applicable State standards and as contained in this Chapter.

3.

Parking spaces provided for motorcycle use only shall have bollards installed and be appropriately spaced to prevent automobile usage of the motorcycle area. Motorcycle spaces shall be marked so that they can be clearly identified for motorcycle use only.

k

Tandem Parking. Except as otherwise permitted in this Chapter, tandem parking shall be prohibited.

l

Valet Parking. Valet parking may be allowed subject to the approval of a Conditional Use Permit and that adequate drop-off area is provided. Tandem parking in conjunction with valet parking may be allowed subject to plan approval through a Conditional Use Permit.

m

Interpretations. The parking lot design standards may be interpreted by the Community Development Director for conditions not already specified in this Section.

n

Parking lots built prior to the adoption of this ordinance may be maintained and repaired; however any reconfiguration of parking area shall comply to the extent possible, with the provisions contained in this Part. Any deviations from the standards shall be approved by the Community Development Department.

(Ord. No. 1418, Sec. 15, 2-5-13)

(Ord. No. 1354, Sec. II, 11-4-08; Ord. No. 1555, Sec. 3, 3-4-25)

9267 - DRIVEWAYS AND SITE ACCESS

a

Driveways For Residential Uses.

1.

The driveway width within the front yard setback shall be a minimum of twelve (12) feet and a maximum of twenty-four (24) feet; if the garage or carport is designed for three (3) or more vehicles, the driveway width within the front yard setback shall be a minimum of twelve (12) feet and a maximum of thirty (30) feet. For lots at the ends of cul-de-sacs with lot frontages of less than forty (40) feet, the parking and driveway areas within the front yard setback shall not exceed seventy-five (75) percent of the total front yard setback. The total width may be divided for properties with two (2) driveways.

2.

Circular driveways shall have a minimum outside radius of twenty-five (25) feet.

3.

Parking and driveway areas within the front yard setback which abut the parking or driveway area of an adjacent lot shall not be designed or installed in such a manner so as to create an unattractive, excessively paved area. Adjacent parking and driveway areas determined by the Director of Community Development to be unattractive or excessive shall be separated with a buffer consisting of landscaping, raised hardscaping, or combination of such materials installed in the area between the parking or driveway area and the adjacent side or rear property line.

4.

A driveway leading to a parking area for duplexes, condominiums, and dwelling units located on a flag lot may be located, in part, along the driveway of a contiguous lot and may, in part, be a common driveway which provides access to more than one (1) dwelling unit.

5.

Paved areas (e.g., parking of vehicles or providing pedestrian access to the residence) may be provided within the front yard setback of residential districts if the total paved area does not exceed fifty (50) percent of the total front yard setback area, the parking of vehicles does not obstruct ingress and egress to required parking, and all of the requirements of this Zoning Code can be met. For narrow lots, or lots at the ends of cul-de-sacs with lot frontages of less than forty (40) feet, or other similar irregular conditions, the percentage of parking and driveway areas within the front yard setback may be reduced through Design Review approval of the Director of Community Development.

6.

Garages shall have a minimum unobstructed back-up area of twenty-five feet, portions of which may include the public right-of-way, private driveway, private street, or alley and shall comply with the Planning Standard (Minimum Driveway Width for Garages with Shared Driveway) as approved by the Community Development Director. (Ord. No. 1524, Sec. 48, 8-16-22)

7.

Any deviation from the above standards may be considered on a case-by-case basis, subject to review and approval by the Community Development Director.

b

Driveways for Commercial and Industrial Districts. One-way driveways within the front yard area shall have a minimum width of fourteen (14) feet and a maximum width of twenty (20) feet. Two-way driveways within the front yard area shall have a minimum width of twenty-four (24) feet and a maximum width of thirty-five (35) feet.

c

Paved Areas. Paved areas may be improved with impervious materials including, but not limited to, concrete, bricks, slate or stone tiles, decorative stamped concrete, or any other permanent hardscape. No decomposed granite, gravel, or other loose materials shall be allowed.

1.

During the pendency of any Water Conservation Level declared pursuant to Chapter 10 of Article 4 of the City Code, unimproved and/or unpaved portions of the front yard setback area in residential districts or front yards in commercial or industrial districts shall be improved and maintained with appropriate landscaping that is free of weeds and overgrown plant material and/or synthetic turf maintained in accordance with the Synthetic Turf Standards and subject to the approval of the Community Development Director.

2.

At all times other than during the pendency of any Water Conservation Level, unimproved and/or unpaved portions of the front yard setback area in residential districts or front yards in commercial or industrial districts shall be improved and maintained with appropriate landscaping in a healthy and vigorous condition and/or synthetic turf maintained in accordance with the Synthetic Turf Standards and subject to the approval of the Community Development Director.

(Ord. No. 1457, Sec. 6, 6-2-15; Ord. No. 1477, Sec. 5, 3-21-17; Ord. No. 1516, Sec. 3, 12-7-21)

(Ord. No. 1354, Sec. II, 11-4-08; Ord. No. 1398, Secs. 3—5, 8-6-11)

9268 - OFF-STREET LOADING SPACE REQUIREMENTS

a

Number of Loading Spaces Required. Off-street loading spaces shall be provided as identified in Table 4, below:

Less than 5,000 sq. ft.

All nonresidential uses

0

1.

The number of loading spaces required is based on the total gross floor area of the entire center. Requirements for uses not specifically listed shall be determined by the Community Development Director based upon the requirements for comparable uses and upon the particular characteristics of the proposed use.

2.

Dual use of loading spaces for purposes of vehicle parking shall be allowed during hours approved by the property owner or their designee. Loading spaces may count towards the number of required parking spaces for the associated use. Dedicated loading spaces may not be used as dual use parking spaces.

(Ord. No. 1418, Sec. 16, 2-5-13)

b

Standards For Off-Street Loading Areas. Off-street loading areas shall be provided as follows:

1.

Dimensions. The acceptable dimensions of the required loading spaces shall be determined and approved through the Design Review process.

2.

Lighting. Loading areas shall have lighting in compliance with city requirements.

3.

Loading Doors and Gates. Loading bays and roll-up doors shall be painted to be compatible with the color of the exterior structure wall(s) and be located on the rear of the structure away from public view. Loading bays and doors may be located on the side of a structure, away from a street frontage, where the Community Development Director determines that the bays, doors, and related tracks can be adequately screened from view from adjacent streets.

4.

Loading Ramps. Plans for loading ramps and/or truck wells shall be accompanied by a profile drawing showing the ramp, ramp transitions, well, and overhead clearances when required by the Community Development Director.

5.

Location. Loading spaces shall be located and designed to:

a.

Ensure that the loading facility is screened from adjacent streets as much as possible;

b.

Ensure that loading and unloading takes place on-site and in no case within adjacent public rights-of-way or other traffic areas on-site;

c.

Ensure that vehicular maneuvers occur on-site; and

d.

Avoid adverse noise impacts upon neighboring residential properties.

6.

Screening. Loading areas abutting residentially zoned parcels shall be screened when required by the Community Development Director.

7.

Striping. Loading areas shall be striped and/or have signage indicating the loading spaces. Dual use loading spaces shall have appropriate striping and/or signage indicating hours approved for vehicle parking. The striping and/or signage shall be permanently maintained by the property owner/tenant in a clear and visible manner at all times.

(Ord. No. 1418, Sec. 17, 2-5-13)

c

Figures.

1

The figures and notes in this Section delineate and illustrate the requirements in this Chapter:

==> picture [217 x 251] intentionally omitted <==

Figure 1. Vertical Clearance: Parking space in enclosed garage or covered parking.

1

Minimum vertical clearance height: Seven (7) feet

2

Minimum vertical clearance height at front of space: Four (4) feet

3

Maximum horizontal distance allowed for Note 2 above: Three (3) feet

==> picture [318 x 230] intentionally omitted <==

Figure 2. Minimum Garage Dimensions

A

Two-car Garage

1.

Interior width: Twenty (20) feet

2.

Interior length: Twenty (20) feet

3.

Door opening: Sixteen (16) feet

B.

One-car garage or garage with separate openings and interior posts

4.

Interior width for one car space: Ten (10) feet

5.

Interior length for one car space: Twenty (20) feet

Door opening: Eight (8) feet

==> picture [299 x 317] intentionally omitted <==

Figure 3. Parking Overhang Standards

1.

Parking length: Seventeen (17) feet minimum

2.

Overhang length: Two (2) feet maximum

==> picture [254 x 327] intentionally omitted <==

Figure 4. 90-degree—Single Drive Aisle

1.

Stall dimensions: Nine (9) feet by nineteen (19) feet

2.

Drive aisles: Twenty-four (24) feet

3.

Parking Bay (inside curbs): Sixty-two (62) feet minimum

4.

Driveway in front yard area: Twenty-four (24) feet to thirty-five (35) feet

5.

Drive aisle back-up space: Three (3) feet

6.

Concrete curb: Six (6) inches high by six (6) inches wide

7.

Perimeter Wall: Six (6) feet eight (8) inches when adjacent to residential property or use

Tree wells: One (1) tree per every six (6) stalls

==> picture [248 x 383] intentionally omitted <==

Figure 5. 90-Degree—Double Drive Aisle

1.

Stall Dimensions: Nine (9) feet by nineteen (19) feet

2.

Drive aisles: Twenty-four (24) feet

3.

Tree wells: One (1) tree per every six (6) stalls

4.

Parking bay: Sixty-two (62) feet

5.

Interior circulation: Twenty (20) feet

Driveway in front yard area: Twenty-four (24) feet to thirty-five (35) feet

7.

Stalls adjacent to physical obstruction: Eleven (11) feet by nineteen (19) feet

==> picture [155 x 426] intentionally omitted <==

Figure 6. 60-Degree

1.

Stall Dimensions: Nine (9) feet by twenty-one (21) feet

2.

Drive aisle width:

One-way - Eighteen (18) feet

Two-way - Twenty-four (24) feet

Tree wells: Every sixth (6th) stall, twenty (20) feet; two-way - twenty-four (24) feet

4.

Parking bay depth:

One-way - Sixty (60) feet

Two-way - Sixty-six (66) feet

5.

Interior Circulation:

One-way - Twelve (12) feet

Two-way - Twenty (20) feet

6.

Driveway in front yard area: One-way - Fourteen (14) feet to thirty-five (35) feet

==> picture [306 x 490] intentionally omitted <==

(Ord. No. 1418, Sec. 18, 2-5-13)

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

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

"Carport." An attached or detached unenclosed structure with a solid roof designed to shelter motor vehicles.

"Carwash - Automated Self Serve." A car wash facility that is fully automated in which patrons remain in their vehicles during the service then drive away after the service and does not involve carwash personnel.

"Carwash - Full Serve." A car wash facility that provides full car wash services in which patrons wait for their vehicles in a waiting area while car wash personnel vacuum, wash, dry and detail the vehicles.

"Carwash - Self Serve." A car wash facility in which wash bays are provided and patrons wash the vehicles themselves.

"Company-Owned Vehicles." Passenger delivery and/or other special purpose vehicles owned and operated by business establishments located at a site.

"Covered Space." A parking space located within any approved parking structure constructed with a solid roof that is designed and used primarily for the sheltering of vehicles.

"Driveway." A paved area of a lot located between the public right-of-way and the garage, carport, or required parking space designed and intended as an access way between a private or public road and the garage, carport, or required parking space.

"Floor Area, Gross." The sum of the horizontal areas of each floor of a building, measured from the exterior faces of the exterior walls or from the centerline of walls separating two (2) buildings, but not including underground parking, uncovered steps or exterior balconies.

"Garage." A detached, accessory building or a portion of a main building on the same lot as a dwelling, used primarily for the housing of vehicles of the occupant of the dwelling, having a roof, and enclosed on at least three (3) sides, with the fourth side being a lockable door.

"Parking Space." Accessible and usable paved area on a building site located off-street and designed for the parking of vehicles.

"Recreational Vehicle." A motorized or nonmotorized vehicle that is intended for human habitation, recreational use, camping and travel use including, but not limited to, a motor home, travel trailer truck camper trailer (with or without motive power), all-terrain vehicles, and boats.

"Retail Center (Small)." A commercial property that includes a range of tenants with less than 30,000 square feet of gross floor area.

"Retail Center (Large)." A commercial property that includes a range of tenants with 30,000 square feet or more of gross floor area.

"Seat." Furniture or furnishings designed and used for sitting; eighteen (18) inches of continuous bench or bleacher seating shall equal one (1) seat.

"Stacking Space." A space that a vehicle can occupy for the purpose of queuing in order to access a drive-through service.

"Tandem Parking." Any off-street parking space designed in such a manner that a vehicle properly parked in such space may by design, have its ingress to or egress from such space blocked by a vehicle properly parked in a contiguous parking space.

(Ord. No. 1354, Sec. II, 11-4-08; Ord. No. 1418, Sec. 19, 2-5-13; Ord. No. 1524, Sec. 49, 8-16-22)

PART 7 - GENERAL REGULATIONS

All regulations in this Chapter pertaining to the districts established in Sections 9213a and b hereof are subject to the general provisions, conditions and exceptions contained in this Part.

a

Uses Permitted Subject to Conditional Use Permit

All of the uses listed in this Part, and all matters directly related thereto are declared to be uses possessing characteristics of such unique and special form as to make impractical their inclusion in any class of use set forth in the various districts herein defined, and therefore the authority for and location of the operation of any of the uses designated herein shall be subject to the issuance of a Conditional Use Permit in accordance with the provisions of Section 9291. In addition to the criteria for determining whether or not a Conditional Use Permit should be issued as set forth in Section 9293b hereof, the Zoning Administrator or Planning Commission shall consider the following additional factors to determine that the characteristics of the listed uses will not be unreasonably incompatible with uses permitted in surrounding areas. (Ord. No. 157, Sec. 5.3)

(1)

Damage or nuisance from noise, smoke, odor, dust or vibration;

(2)

Hazard from explosion, contamination or fire;

(3)

Hazard occasioned by unusual volume or character or traffic or the congregating of a large number of people or vehicles.

The uses referred to herein are as follows:

(a)

Airports and landing fields.

(b)

Establishments or enterprise involving large assemblages of people or automobiles as follows:

(1)

Amusement parks and race tracks;

(2)

Recreational facilities, privately operated. (Ord. No. 382, Sec. 1)

(c)

The mining of natural mineral resources, together with the necessary buildings and appurtenances incident thereto.

(d)

Removal or deposit of earth other than in connection with excavations or deposits in connection with construction of buildings, roadways, or public or home improvements.

(e)

Presentation of live entertainment, pursuant to the live entertainment permit per Article 3 of the Tustin City Code. (Ord. No. 406)

(f)

Dish antennae located in residential zones exceeding three (3) feet in diameter and located other than in rear yard areas obscured from public right-of-way view. (Ord. No. 926, Sec. 2, 2-4-85)

(g)

Dish antennae located in all zones other than residential, exceeding three feet in diameter and not fully screened or otherwise obscured from public right-of-way view. (Ord. No. 926, Sec. 2, 2-4-85)

b

Approval of Temporary Uses

Temporary uses are typically associated with special events or community events which are in place for a short period of time. Temporary Use Permits may be issued no more than four (4) times per calendar year for each business, except if approval is given by the Community Development Director for additional Temporary Use Permits. Permits are required prior to a temporary outdoor use occurring in any zone (excluding residential uses) as follows:

1.

Requests for a temporary use of up to a total of thirty (30) days within one (1) year period require approval of a Temporary Use Permit from the Community Development Department.

2.

Requests for more than thirty (30) days within one (1) year period require Community Development Director approval.

3.

Requests for a temporary use exceeding a period of one (1) year require approval of a CUP by the Zoning Administrator. (Ord. No. 1524, Sec. 50, 8-16-22)

Any temporary outdoor use involving five hundred (500) or more persons gathering together at any given time may be subject to a Large Outdoor Gathering Permit pursuant to Tustin City Code Sections 3241 through 3244. (Ord. No. 362, Sec. 1; Ord. No. 501; Ord. No. 1367, Sec. II, 4-6-10; Ord. No. 1536, Sec. 5, 4-16-24)

c

Prohibited Uses

Any use that is not expressly permitted in a district as a permitted use or as a conditionally permitted use, including a use in a district determined to be similar in character to a particular use allowed in such district as provided in this Code, shall be deemed a prohibited use and such use shall not be allowed in such district. (Ord. No. 1322, Sec. 1, 124-06)

Cannabis businesses as defined by Section 3141 of this Code are expressly prohibited in all zoning districts. (Ord. No. 1466, Sec. 3, 1-19-16; Ord. No. 1478, Sec. 3, 4-4-17; Ord. No. 1540, Sec. 5, 3-5-24)

(Ord. No. 1429, Sec. II.30, 5-21-13)

a

Repealed. (Ord. No. 1429, Sec. II.31, 5-21-13)

b Public Utilities

1.

General Utilities.

(a)

Public utilities for distribution of gas, water, electricity and telephone communications shall be allowed in all districts without limitation as to height or without obtaining a Conditional Use Permit thereof and the provisions of this Chapter shall not be construed to limit or interfere with the installation, maintenance and operation of public utility pipelines and electric transmission or telephone communication lines when located in accordance with the applicable rules and regulations of the Public Utilities Commission of the State of California and within rights-of-way, easements, franchise, or ownership of such public utilities.

2.

Utilities to be Placed Underground.

(a)

Whenever any property in any one zone is developed with new or relocated buildings or structures, or whenever enclosed floor area in excess of 200 square feet is added to an existing building site in any zone, except zones permitted for single-family residential use, or whenever a residential building or use is converted to any purpose or use other than that which existed at the time of conversion, all electrical, telephone, community antenna, television and similar service wires or cables which provide direct service to the property being developed, shall, within the exterior boundary lines of such property, be installed underground.

(b)

For the purpose of this Section, appurtenances and associated equipment such as, but not limited to, surface mounted transformers, pedestal mounted terminal boxes and meter cabinets, may be placed above ground.

(c)

The developer or owner is responsible for complying with the requirements of this Section, and shall provide all necessary facilities on their premises so as to receive such services from the supplying utility or utilities subject to the applicable rules, regulations and tariffs on the respective utility or utilities on file with the California Public Utilities Commission.

(d)

Where practical difficulties or unnecessary hardships inconsistent with the provisions of this chapter result from its literal interpretation or enforcement, the Planning Commission may waive, modify, or delay the application of any undergrounding requirement upon written request by a building site owner. Such request shall be filed with the Community Development Department and shall contain any and all facts which are offered in support.

(e)

If the Planning Commission's action is to delay the installation of required undergrounding utilities, it may require the building site owner to file with the City a cash deposit, and/or record a covenant sufficient to provide for the future installation of the underground features which are to be delayed. The amount of the cash deposit shall be determined by the Building Official. (Ord. No. 1429, Sec. II.32, 5-21-13)

c

Temporary Real Estate Offices

The following temporary uses shall be permitted in any district:

(1)

Model homes and their garages used as offices solely for the first sale of homes within a subdivision on the following conditions:

(a)

A temporary certificate of use and occupancy shall first be obtained from the Department of Building and Safety for the use of model homes and their garages for offices solely for such first sales;

(b)

The use shall be discontinued at the end of one (1) year from the date of the certificate of use and occupancy;

(c)

Provided, however, the Building Official may for good cause, after receipt of a certified report from the developer on the number of dwellings sold, extend the time limit not to exceed two (2) successive periods of six (6) months each.

(2)

Temporary offices not exceeding four hundred (400) square feet solely for the first sale of lots within a subdivision on the following conditions:

(a)

A temporary Certificate of Use and Occupancy shall first be obtained from the Department of Building and Safety for the use of the structures for offices solely for such first sales;

(b)

The use shall be discontinued and such offices removed from the premises at the end of one (1) year from the date of issuances of the Certificate of Use and Occupancy.

(c)

Provided, however, the Building Official may for good cause, after receipt of a certified report from the subdivider on the number of lots sold, extend the time limit not to exceed two (2) successive periods of six (6) months each. (Ord. No. 234, Sec. 1)

d

Height Limits of Towers

Where chimneys, silos, cupolas, flag poles, monuments, gas storage holders, radio and other towers, water tanks, steeples and similar structures and mechanical appurtenances are permitted in a district, height limits may be exceeded upon the securing of a Design Review approval in each case. (Ord. No. 156, Sec. 5.7; Ord. No. 1429, Sec. II.33, 5-21-13; Ord. No. 1524, Sec. 51, 8-16-22)

e

Public and Semi-Public Building Height Limit

In any district with a height limit of less than seventy-five (75) feet, public and semi-public buildings, schools, Places of Worship, hospitals and other institutions permitted in such district may be erected to a height exceeding that herein specified for such district, provided that the cubical contents of the building shall not exceed an area equal to the area of the site upon which it is constructed multiplied by the factor three (3), and provided that the front, rear and side yards shall be increased one (1) foot for each one (1) foot by which such building exceeds the height limit hereinbefore established for such district. (Ord. No. 157, Sec. 5.8; Ord. No. 1429, Sec. II.34, 5-21-13)

f

Height Limit in "C" or "M" Zone

Upon securing a Conditional Use Permit any building in any "C" or "M" District may be erected to a height exceeding that herein specified for such district, provided that the cubical contents of the building shall not exceed an area equal to the area of the site upon which it is to be constructed multiplied by the factor five (5). (Ord. No. 157, Sec. 5.9; Ord. No. 1429, Sec. II.35, 5-21-13)

g

Repealed. (Ord. No. 157, Sec. 5.10; Ord. No. 1354, Sec. II, 11-4-08)

h

Animal Hospital or Clinic

One (1) caretaker apartment shall be permitted incidental to an animal hospital. Said apartment shall be used solely by persons employed in the hospital for caretaker duties. (Ord. No. 340, Sec. 2)

Small animal hospitals or clinics shall be subject to additional provisions hereinafter set forth:

(1)

All animals shall be kept within an enclosed, air conditioned, soundproof structure.

(2)

Said hospitals or clinics shall be so designed that no odors will be discernible beyond the property lines of the parcel on which it is located. (Ord. No. 352, Sec. 6)

i

Fences, Solid Hedges and Walls

(1)

Fences, solid hedges and walls may be erected in any district, subject to the following conditions:

(a)

Fences, solid hedges and walls shall not exceed six feet eight inches (6'8") in height on or within all rear and side property lines on interior lot lines, and on or to the rear of all front yard setback lines.

(b)

No fence, solid hedge or wall three (3) feet and over in height shall be erected in the required front yard setback. (Ord. No. 1524, Sec. 53, 8-16-22)

(c)

Any fences, solid hedges or walls located in any required rear or side yard abutting the intersection of a street, alley or driveway shall comply with Planning and/or Public Works Standard(s) by the Community Development Director and/or Public Works Director. (Ord. No. 1524, Sec. 53, 8-16-22)

(d)

Fences, solid hedges, walls or structures exceeding, up to twenty (20) percent, six feet eight inches (6'8") in height to enclose areas on the rear half of a lot may be erected subject to a minor adjustment (refer to Section 9299b(1)).

(e)

The provisions of this Section shall not apply to a fence or wall required by any law or regulation of the State of California or any agency thereof or by any other ordinance of the City of Tustin, for reasons of public safety. (Ord. No. 353, Sec. 1)

(2)

Walls shall be constructed and maintained on zone boundary lines as follows:

(a)

Where any "C", "M", or "Pr" zone abuts upon any residential zone, there shall be constructed a solid masonry wall, six feet eight inches (6'8") in height on the zone boundary line.

(b)

Where any "R3", "R4", or "PD" zone abuts upon any R1 zone, there shall be constructed a solid masonry wall six feet eight inches (6'8") in height on the zone boundary line. (Ord. No. 1524, Secs. 12—14, 8-16-22)

(c)

Where any "M" zone abuts upon any "C" or "Pr" zone, there shall be constructed a solid masonry wall six feet eight inches (6'8") in height on the zone boundary line.

(d)

The aforesaid walls shall be six feet eight inches (6'8") in height except that portion of equal depth of the front yard on the abutting "R" classified property which shall be three (3) feet in height unless a greater height is approved in writing by the Planning Department. (Ord. No. 353, Sec. 1)

(e)

Provided, however, the Community Development Director may waive or modify any wall requirements as specified in this Section where there is a solid masonry wall existing immediately adjacent on the contiguous property, upon finding and requiring that:

i)

An existing wall meets or can be modified to conform to the intent of this Section; and

ii)

Suitable landscaping can be installed adjacent to the existing wall to supplement and enhance the environmental buffering; and

iii)

Protection can be afforded the existing wall to prevent vehicle damage, if necessary; and

iv)

Concurrence of the adjacent property owner can be obtained, when necessary, to modify an existing wall to meet the requirements of this Section. (Ord. No. 534)

(3)

However, upon application and proceedings pursuant to Section 9291, Conditional Use Permit, the Planning Commission may waive or modify the requirements set forth herein.

(4)

The fences, solid hedges and walls provided herein shall be measured and constructed pursuant to development standards of the Building Department. (Ord. No. 353, Sec. 1)

(Ord. No. 1429, Sec. II.36, 5-21-13)

j

Architectural Feature Limitations

Architectural features on the main buildings, such as cornices, eaves and canopies may not extend closer than three (3) feet to any side lot line. Eaves and canopies may extend a maximum of three (3) feet into the required front yard and no closer than five (5) feet to any rear lot line. Fireplaces, not exceeding six (6) feet in breadth, may extend not closer than three (3) feet to any side lot line. (Ord. No. 157, Sec. 5.12)

k

Repealed. (Ord. No. 338; Ord. No. 1354, Sec. II, 11-4-08)

l

Limitations of Porches and Staircases

Open, uncovered, raised porches, landing places or outside stairways may project not closer than four (4) feet to any side lot line, and not exceeding six (6) feet in breadth, may extend not closer than three (3) feet to any side lot line. (Ord. No. 157, Sec. 5.13)

m

Official Plan Line for Streets

Whenever an Official Plan Line has been established for any street, required yards shall be measured from such line and in no case shall the provisions of this Chapter be construed as permitting any encroachment upon any Official Plan Line. (Ord. No. 157, Sec. 5.14)

n

Accessory Structures

1.

Accessory structures attached to a main building shall be made structurally a part thereof, have a common roof with said main building and shall comply in all respects with the requirements of this Chapter applicable to the main building.

Detached accessory structures, such as garages, carports, laundry and recreation buildings, may be constructed on the front one-half (½) of the lot, provided, however, that in any R3 or R4 District no garage, carport, or laundry building openings shall face an abutting street. (Ord. No. 1524, Secs. 13, 14, 8-16-22)

3.

The architectural style of all sides of accessory buildings shall be compatible with the architectural style of the main buildings.

4.

Detached accessory structures may have a zero-foot side and rear yard property line setback if abutting an adjoining structure on a separate lot with a zero-foot setback or if the abutting lot is unimproved. If an adjoining structure on a separate lot is constructed other than with a zero-foot property line setback, a minimum of three (3) feet shall be maintained between the structures.

5.

Detached accessory structures shall not be located within the front yard setback expect as permissible for a Statewide Exemption ADU as defined in Section 9297 in accordance with Section 9279. (Ord. No. 1524, Sec. 54, 8-16-22)

6.

Detached accessory structures constructed within five (5) feet of any side or rear property line in an "R" District shall be enclosed by a solid wall on such side or sides; provided, however, that garages or carports facing an alley or an access easement, the right of use of which is dedicated to the subject property, need not be enclosed on such side or sides constructed within five (5) feet of a side or rear property line if the minimum backing space is twenty-five (25) feet from the carports or garages to the far side of the alley or access easement.

(Ord. No. 1429, Sec. II.37, 5-21-13)

o

Swimming Pools

Swimming pools in residential districts shall not be located closer than five (5) feet to any side or rear lot line, nor within those areas described by Section 9271i(1)(b) or 9271i(1)(c). (Ord. No. 476; Ord. No. 1367, Sec. II, 4-6-10)

Heater and filter units for swimming pools shall be located in the rear or side yard areas, and shall be screened from view. (Ord. No. 547)

Any lights used to illuminate any swimming pool shall be so arranged and shaded as to reflect light away from any adjoining premises. (Ord. No. 770, Sec. 8)

p

Setback Requirements for Lots Developed Prior to Zoning Ordinance

In the Single Family Residential (R1), Duplex Residential (R2), and Multiple Family Residential (R3) zoning districts, the minimum required side or rear yard setback for side or rear yard additions to existing structures (not including accessory structures except garages identified in the City's Historic Resources Survey) that are listed on the City's Historic Resources Survey shall be the same as the adjacent elevation of the existing side or rear yard setback of the original structure if the setback is less than the minimum setback required in the applicable residential district provided the requirements of the Uniform Building Code can be met and emergency access can be maintained. (Ord. No. 157, Sec. 5.17; Ord. No. 1238, Sec. 2, 6-4-01; Ord. No. 1524, Secs. 6, 12, 13, 8-16-22)

q

Development of Substandard Parcels

Single-family dwellings only may be erected on any parcel of land the area of which is less than the building site area required for the particular district in which said parcel is located, but if, any only if, said parcel was in single ownership at the time of the adoption of this Chapter and said single ownership was recorded in the Office of the County Recorder of Orange County. No structure shall be erected on any substandard parcel if said parcel was acquired from the owner or owners of contiguous property or said contiguous owner's or owners' transferee, after the effective date of this Chapter. (Ord. No. 157, Sec. 5.18)

r

Sideyard Width of Substandard Lots

The width of side yards on single family dwellings constructed pursuant to subsection q above may be reduced to ten (10) percent of the width of such parcel, but in no case to less than four (4) feet. (Ord. No. 157, Sec. 519)

s

Repealed (Ord. No. 1429, Sec. II.38, 5-21-13)

t

Repealed (Ord. No. 1429, Sec. II.38, 5-21-13)

u

Building Lines

Building lines are as stated in this Section unless otherwise shown on Zone Map. No building shall be closer to a property line or to the center line of any street or highway than the building line applicable thereto.

Front side or rear yard abutting or street, measured from center line:

(Ord. No. 157, Sec. 5.22; Ord. No. 1524, Secs. 6—8, 10—13, 15)

Irvine Blvd. setback—Ten (10) feet from right-of-way line.

(Ord. No. 1429, Sec. II.39, 5-21-13)

v

Prefix and Suffix to Districts

A numerical prefix and/or suffix may be added to any district. The prefix shall establish the minimum width for a building site measured in feet at the building setback line; in non-residential districts, the numerical suffix shall establish the minimum number of square feet for a building site in said zone. However, the numerical suffix and building site shall in no case be less than the minimum lot size established in this Chapter. This section shall not apply to a PD District. In residential districts, the suffix corresponds to the minimum lot area required per family unit. (Ord. No. 248, Sec. 2; Ord. No. 1367, Sec. II, 4-6-10; Ord. No. 1524, Sec. 5, 8-16-22)

w

Repealed (Ord. No. 1429, Sec. II.40, 5-21-13)

x

Highway Dedication and Improvement

No building and no land shall be used for any of the commercial uses permitted in the C1, C2, C3 or M Zones, nor shall any certificate of use and occupancy therefor be issued by the Building and Safety Department, where the land upon which such building or land to be used for said uses abuts upon, and the ingress or egress to the said building or land is by way of or into or upon any existing highway or highways shown on the Master Plan of Streets and Highways, adopted by the City of Tustin on December 5, 1960, as amended, until and unless the right-of-way for such highway or highways to the width shown on "Standard Streets and Highways Plans" has been dedicated to or vested in the City of Tustin, and such right-of-way has been improved by installation of curbs, gutters, and street drainage, in full compliance with the City of Tustin Street Improvement Standards, as amended, or the owner has dedicated or irrevocably offered to dedicate such right-of-way and prepared plans for the improvement and has entered into an agreement with the City to make such improvements. In the event an agreement for the improvement is entered into, the City Council may require that the agreement be secured by a good and sufficient bond, or it may accept in lieu thereof a cash deposit, which bond or cash deposit shall be in an amount equal to the estimated cost of the improvement. (Ord. No. 1524, Secs. 7, 8, 15, 8-16-22)

Commercial use, as used in this section means any retail, wholesale, or manufacturing business, the carrying on of any profession, the operation of mobile home parks, hotels, or any business, but does not include farming, including all types of agriculture and horticulture, or the conducting of temporary stands for the sale of agricultural or farming products grown or produced in the premises as accessory use to the land, or the conducting of any home occupation.

Provided, however, that sidewalks shall not be required in the M Zone. (Ord. No. 293, Sec. 4)

y

Criteria for Dish Antenna Installation

(1)

Definition: For the purpose of this section, a "dish antenna" is a disc-shaped antenna either solid or mesh type construction exceeding three (3) feet in diameter, intended but not limited to the purpose of receiving communications from an orbiting satellite transmitter.

(2)

Location:

(a)

Residential zones: A dish antenna installed at ground level in the rear yard and obscured from public right-of-way view is exempt from the requirement of a Conditional Use Permit. If a useable signal cannot be obtained from a rear yard location, the dish antenna may be located in the side yard of the property or on a building roof subject to issuance of a Conditional Use Permit.

(b)

Nonresidential zones: A dish antenna located at ground level or on a building roof completely obscured from public right-of-way view is exempt from the requirement of a Conditional Use Permit. Those antennas which cannot be obscured as determined by City staff are subject to issuance of a Conditional Use Permit.

(Ord. No. 1429, Sec. II.41, 5-21-13)

(3)

Antenna color compatibility: All dish antennae shall be compatible in color with their surroundings and not include signage whether manufacturer's name and other advertising. Antennas shall be painted to match surrounding background if only partially obscured or to match dominant building color if roof-mounted.

(4)

Height limitations:

(a)

Residential zones: Dish antennas shall not exceed the maximum building height limit permitted in the zone if roofmounted nor exceed ten (10) feet in height if ground-level mounted.

(b)

Nonresidential zones: Dish antennas shall not exceed the maximum building height limit permitted in the zone if roofmounted nor exceed fifteen (15) feet in height if ground-level-mounted.

(5)

Building permits: A building permit shall be obtained prior to the installation of any dish antenna exceeding three (3) feet in diameter. (Ord. No. 926, Sec. 2, 2-4-85)

z

Outdoor Vending Activities, Pushcarts, Portable Vending Devices

Consistent with other sections of the Tustin City Code, outdoor vending activities are also hereby prohibited except as provided herein:

(1)

Pushcarts or portable vending devices may operate within the City of Tustin in the following locations only:

(a)

Within any commercial multi-use or multi-tenant shopping center with more than thirty thousand (30,000) square feet of leasable floor area or located on a site greater than one (1) acre in land area, with written consent of the center

owner or agent, upon Planning Commission review and approval of a proposal subject to the findings required for approval of a design review application by the director of community development;

(b)

At any special event or activity, with limits to the number of pushcarts conditioned upon the issuance of a temporary use permit, by the Director of Community Development; and

(c)

At other appropriate sites, upon issuance of a conditional use permit and design review approval by the Planning Commission.

(2)

Pushcarts or portable vending devices may be operated or used for any outdoor vending purpose only during the business or operating hours of the shopping center or special event where located. In centers where one (1) or more businesses operate on a twenty-four-hour basis, the maximum hours of operation of pushcarts or portable vending devices shall be 9:00 a.m. to 11:00 p.m.

(3)

Pushcart or portable vending device operators and pushcart or portable vending device owners shall have a valid City of Tustin business license, and any necessary State, County or other City permit required by law, and shall operate in accordance with regulations pertaining to those licenses and permits.

(4)

Design standards

The following design criteria and standards shall be considered in the evaluation of a Design Review application for pushcarts or other portable vending devices:

(a)

Location, number and size, including height;

(b)

Design of the pushcart(s) or other portable vending device(s), including color and signage, which shall be compatible with the design of the shopping center where the pushcart(s) is located;

(c)

Ancillary equipment, such as cash register stands and trash receptacles;

(d)

Security. The design and location of pushcarts or portable vending devices shall minimize theft and vandalism.

(5)

One (1) small compact stool or chair may be utilized by the pushcart or portable vending device operator. The chair or stool shall be placed within four (4) feet of the pushcart and shall not block the safe passage of pedestrians or vehicles. No advertising shall be placed on the stool or chair. No additional seating shall be allowed.

(6)

A refuse bin of at least one (1) cubic foot, shall be provided in, on or within three (3) feet of the pushcart(s) or other portable vending device(s).

(7)

Restrictions:

(a)

No noise-making devices shall be used in conjunction with pushcarts or portable vending devices.

(b)

Pushcarts or portable vending devices shall not be stationed for purposes of outdoor vending in any location which creates an unreasonable obstruction to the normal flow of vehicular or pedestrian traffic; or within ten (10) feet of any intersection, driveway, or building entrance; or in any space designed for vehicular parking.

(c)

No signs or other advertising devices are permitted beyond those painted on or affixed to the pushcart, portable vending device or its canopy. Such signs shall be considered "vehicle signs", and shall be allowed in accordance with Tustin City Codes. Electrified or internally illuminated signs shall be prohibited.

(d)

Pushcart canopies, awnings or roofs constructed of fabric or other light-transmitting material shall not be backlit.

(e)

All merchandise shall be maintained on the pushcart or portable vending device. (Ord. No. 1123, Sec. 1, 6-6-94)

aa

Repealed (Ord. No. 1524, Sec. 52, 8-16-22)

bb

Recycling Centers

An operation/use which is certified by the Department of Resources Recycling and Recovery which accepts from consumers, and pays or provides the refund value pursuant to Section 14572 of the California Beverage Container Recycling and Litter Reduction Act, for empty beverage containers intended to be recycled.

Recycling Location - A place, mobile unit, reverse vending machine, or other device where a certified recycling center accepts one of more types of empty beverage containers from consumers, and pays or provides the refund value for one or more types of empty beverage containers.

As used in the Tustin City Code recycling locations shall include:

(a)

Reverse Vending Machines - A mechanical device of 50 square feet or less which accepts one or more types of empty beverage containers and issues a cash refund or a redeemable credit slip with a value not less than the container's refund value as determined by California state law. The refund value payments shall be aggregated and then paid, if more than one container is redeemed in a single transaction. A Reverse Vending Machine may sort and process containers mechanically provided that the entire process is enclosed within the machine. (In order to accept and

eemable credit slip with a value not less than the container's refund value as determined by California state law. The refund value payments shall be aggregated and then paid, if more than one container is redeemed in a single transaction. A Reverse Vending Machine may sort and process containers mechanically provided that the entire process is enclosed within the machine. (In order to accept and

temporarily store all three (3) container types in a proportion commensurate with their relative redemption rates, and to meet the requirements of certification as a recycling facility, multiple grouping of Reverse Vending Machines may be necessary.)

(b)

Bulk Reverse Vending Machines - An attendant operated reverse vending machine occupying greater than 50 square feet, but less than 500 square feet. Machines shall be designed to accept more than one container at a time, and will pay by weight instead of container.

(c)

Large Recycling Locations- Recycling locations occupying a permanent building or store front.

Recycling locations defined in this section shall be subject to the following provisions:

(1)

Reverse vending machines:

(a)

Established in conjunction with a supermarket or convenience zone (as defined in Section 9297) in compliance with the zoning, building and fire codes of the City of Tustin.

(b)

Located within 30 feet of the entrance to the supermarket and shall not obstruct pedestrian or vehicular circulation.

(c)

Does not occupy parking spaces required by the primary use.

(d)

Occupies no more than 50 square feet of floor space per installation, including any protective enclosure.

(e)

Maximum height: 8 feet.

(f)

Constructed and maintained with durable waterproof and rustproof material.

(g)

Clearly marked to identify the type of material to be deposited, operating instructions, and the identity and phone number of the operator or responsible person to call if the machine is inoperable.

(h)

Sign area shall be limited to a maximum of 4 square feet per machine, exclusive of operating instructions.

(i)

Maintained in a clean, litter-free condition on a daily basis.

(j)

Operating hours shall be at least the operating hours of the supermarket (host use), but may be 24 hours.

(k)

Illuminated to ensure comfortable and safe operation if operating hours are between dusk and dawn.

(l)

Outdoor storage of any kind is prohibited.

(2)

Bulk Reverse Vending Machines:

(a)

Established in conjunction with a supermarket or convenience zones (as defined in Section 9297) which is in compliance with the zoning, building and fire codes of the City of Tustin.

(b)

No larger than 500 square feet and not occupying any parking spaces required by the primary use.

(c)

Maximum height: 10 feet.

(d)

Shall not obstruct pedestrian or vehicular circulation, and shall be located within 100 feet of the host use.

(e)

Minimum setbacks: 10 feet from any property line.

(f)

Accept only glass, metals, plastic containers, papers and reusable items. Used motor oil may be accepted with permission of the Orange County Fire Authority and Health Department.

(g)

No power-driven processing equipment except for reverse vending machines shall be used.

(h)

Containers are constructed and maintained with durable waterproof and rustproof material, secured from unauthorized entry or removal of material and shall be of a capacity sufficient to accommodate materials collected and collection schedule.

(i)

All recyclable material shall be stored internally.

(j)

Maintained free of litter, pests, vermin and any other undesirable materials at all times.

(k)

Not exceed exterior noise levels of 60 dBA.

(l)

Containers for donation of materials shall be at least 75 feet from any property zoned or occupied for residential use and shall not operate between the hours of 12:00 a.m. and 6:00 a.m.

(m)

Containers shall be clearly marked to identify the type of material which may be deposited; the facility shall be clearly marked to identify the name and telephone number of the facility operator and the hours of operation, and display a notice stating that no material shall be left outside the recycling enclosure or containers.

(n)

Bulk vending machines may have informational signs required by State law pursuant to Section 9272; other signs including directional signs, bearing no advertising message, may be installed with the approval of the Community Development Director pursuant to Design Review Section 9272 if necessary to facilitate traffic circulation, or if the facility is not visible from the public right-of-way.

(o)

Placement of the facility shall not require removal of existing landscaping.

(3)

Large Recycling Locations:

(a)

The facility shall not abut a property zoned or planned for residential use if in a freestanding building.

(b)

The facility shall operate in an enclosed building with outside storage prohibited.

(c)

Setbacks, height, lot coverage, and landscape requirements shall be those provided for in the C1 Zoning District unless it occupies an existing store front or building. (Ord. No. 1524, Sec. 7, 8-16-22)

(d)

Site shall be maintained free of litter, pests, vermin and any other undesirable materials at all times and shall be cleaned of loose debris on a daily basis.

(e)

Exterior noise levels shall not exceed 60 dBA.

(f)

If the facility is located in a freestanding building which lies within 500 feet of property zoned, planned or occupied for residential use, it shall not be in operation between 7:00 p.m. and 7:00 a.m.

(g)

The facility shall display a notice stating that no material shall be left outside the recycling containers.

(h)

The facility shall be clearly marked with the name and phone number of the facility operator and the hours of operation; identification and informational signs shall meet the standards of the C1 Zoning District; and directional signs, bearing no advertising message, may be installed with the approval of the Community Development Director pursuant to design review, Section 9272, if necessary, to facilitate traffic circulation or if the facility is not visible from the public right-of-way. (Ord. No. 1524, Sec. 7, 8-16-22)

(i)

Power-driven processing, including aluminum foil and can compacting, baling, plastic shredding, or other light processing activities shall be prohibited.

(j)

Twenty-four-hour operation is prohibited.

(Ord. No. 1429, Sec. II.42, 5-21-13)

cc

Repealed (Ord. No. 1429, Sec. II.43, 5-21-13)

dd

Alcoholic beverage sales establishments

Subject to the Planning Commission's Guidelines for Alcoholic Beverage Sales Establishments and the following standards:

(1)

Except as otherwise provided, no establishment may sell alcoholic beverages for either on- or off-site consumption unless a Conditional Use Permit has been approved by the Zoning Administrator for such establishment.

(2)

All establishments selling alcoholic beverages shall comply with the Alcoholic Beverages Sales Establishments Guidelines adopted by Planning Commission Resolution. The Zoning Administrator may waive, modify, or impose additional conditions of approval deemed necessary and appropriate provided that the waiver, modification and/or additional conditions achieve the purpose, intent, and findings provided in the Guidelines.

(3)

The establishment hours of operation may extend until 2:00 a.m. daily unless otherwise restricted by the City of Tustin and/or California Department of Alcoholic Beverage Control.

(4)

On-site Sales Establishments shall offer food service at all times. Food service options shall include foods that are prepared on-site, prepackaged foods, and/or provided pursuant to an agreement with food vendors.

(5)

Off-site - located in a building and permitted business with less than 10,000 square feet of gross floor area, and permitted businesses with more than 10,000 square feet of gross floor area where the off-site alcoholic beverage sales area within the building occupies more than 10 percent of the gross floor area, subject to the following criteria:

(a)

A minimum distance separation of 1,000 feet from any public or private school.

(b)

Minimum distances between off-site sales establishments and public or private schools shall be computed by measuring the distance from the closest entry/exit provided for public/customer access of the off-site sales establishment to the property line of the public or private school (whether inside or outside the City boundaries).

(c)

The gross annual sales of alcohol shall not exceed 50 percent of all sales within the establishment.

(d)

Specialty stores as defined in Section 9297 of the Tustin City Code shall be exempt from minimum distance regulations.

(6)

Any Conditional Use Permit granted in accordance with this Section may be revoked by the Planning Commission in the manner herein set forth if the establishment creates undue burden on the surrounding area, the Tustin Police Department, Code Enforcement and if any of the conditions of approval are violated.

(7)

An establishment shall be considered to have created an undue burden to the surrounding area and/or City resources if any of the following occur:

a.

Issuance of three (3) Notices of Violation or Citations within a twelve-month period either from the Community Development Department, Police Department, and/or Fire Marshal;

b.

The imposition of disciplinary action or finding of violation by the Department of Alcoholic Beverage Control;

c.

Six (6) documented instances within a twelve (12) month period of activities detrimental to the public health, safety, and/or welfare of persons residing, visiting, or working in the neighborhood or injurious to the property or improvement in the area; and/or

d.

Any critical incident occurring on or in the premises or in connection with the operation on the premises, as determined by the Community Development Director in consultation with the Police Department.

(8)

Upon the determination that the establishment has caused an undue burden, upon violation of any provision of this Section, or upon failure to comply with the conditions of approval, or in the event that the Conditional Use Permit is abandoned for a twelve (12) month period, the Community Development Director shall issue a Notice of Intent to revoke such permit. The Notice of Intent to revoke such permit shall be provided to the property owner and business owner at least ten (10) days prior to a Revocation public hearing. The Notice of Intent shall state why the approved Conditional Use Permit should be revoked and provide the grounds upon which it is proposed to revoke the Conditional Use Permit for the approved establishment.

(9)

The Planning Commission shall hold a public hearing prior to revocation of the Conditional Use Permit. The Planning Commission may revoke the Conditional Use Permit issued under the provisions of this Section for any of the following reasons:

a.

Where the Planning Commission has found and determined that the preservation of the public health, safety, and welfare demand revocation or suspension of the permit;

b.

Where the establishment has violated any provisions of the Tustin City Code, or Statutes of the State of California, or of the United States of America;

c.

Where Conditional Use Permit granted in accordance with this Section, is transferred to a new applicant and the new applicant fails to sign and return an "Agreement to Conditions Imposed" form provided by the Community Development Department which states that the property owner, applicant, operator, and/or tenant agrees to comply with all conditions imposed by the City of Tustin.

d.

Where a Conditional Use Permit has been issued in reliance on false statements in the application;

e.

Where the establishment has violated any of the terms and conditions of approval of the Conditional Use Permit;

f.

Where the establishment has caused undue burden on the surrounding area, the Police Department, Code Enforcement, and any other City resources; and/or

g.

Where the use or activity for which the Conditional Use Permit was granted has ceased or has been suspended for one (1) year or more.

(10)

A decision of the Planning Commission at the conclusion of the Revocation hearing shall be final.

(11)

Determination of Public Convenience or Necessity relating to the sales of alcoholic beverages. The Community Development Director or Zoning Administrator shall have the authority to make determinations of public convenience or necessity on behalf of the City pursuant to Section 23958.4 of the California Business and Professions Code relating to the sale of alcoholic beverages, including beer and wine, or the section that may be subsequently adopted to replace said Section 23958.4. The Community Development Director shall have the authority to make recommendations of public convenience or necessity on behalf of the City for uses classified as follows:

a.

When the sales of alcoholic beverages, pursuant to Tustin City Code Section 9271dd(5), are accessory to permitted primary use that does not require a conditional use permit.

(Ord. No. 1429, Sec. II.44, 5-21-13; Ord. No. 1493, Sec. 5, 9-4-18; Ord. No. 1536, Sec. 6, 4-16-24)

ee Office Uses

(1)

Office developments within the Retail Commercial District (C1), Central Commercial District (C2), and Commercial General District (CG) shall be constructed to conform to the following criteria: (Ord. No. 1524, Secs. 7, 8, 8-16-22)

(a)

Parking standards for retail commercial uses on the first floor area of the building shall be subject to Part 6 Off-Street Parking requirements of the Zoning Code unless otherwise specifically exempted pursuant to an approved Conditional Use Permit.

(b)

Findings, including, but not limited to, the following, shall be made by the Planning Commission prior to approving a Conditional Use Permit for construction of a building where greater than fifty (50) percent of the total floor area or any portion of the ground floor area is designated for use by professional or general offices:

i.

Development or construction of professional or general office buildings would be more compatible with surrounding uses in the area than permitted retail commercial uses on the subject property.

(c)

Development or construction of buildings restricted to a mixture of uses in which the retail commercial floor area exceeds fifty (50) percent of the total floor area is exempt from office development use criteria.

(2)

Repealed.

(Ord. No. 1429, Sec. II.45, 5-21-13; Ord. No. 1497, Sec. 4(Att. C), 7-3-18)

ff

Operation of Uses

All uses (including storage) shall be conducted within a completely enclosed building except those that are specifically permitted and effectively screened from view, except for off-street parking, loading, approved temporary uses, or any

outdoor dining space specifically permitted in conjunction with eating establishment and approved design review and/or CUP, variance or as otherwise exempted within this Chapter. (Ord. No. 1429, Sec. II.46, 5-21-13; Ord. No. 1524, Sec. 55, 8-16-22)

gg

Home Occupation

All home occupations operating within the City of Tustin are subject to the following provisions:

i.

No persons employed who are not residents on the premises.

ii.

No exterior display.

iii.

No stock-in-trade or commodity sold upon the premises.

iv.

No mechanical or electrical equipment used except such as is customary for housekeeping purposes.

v.

No outside operations or storage.

vi.

No alteration of the residential appearance of the premises.

vii.

No alterations which negatively impact the health safety or welfare of the general public, or which emits smoke, dust, fumes, odors, vibrations, glare or electrical disturbances onto any other premises.

viii.

No activity which generates excessive pedestrian traffic, vehicular traffic, or vehicular parking excess of that otherwise normally found in the zone. (Ord. No. 1524, Sec. 56, 8-16-22; Ord. No. 1536, Sec. 7, 4-16-24)

ix.

No parking or use made of any vehicle over three-fourths ton carrying capacity.

(Ord. No. 1429, Sec. II.47, 5-21-13)

hh

Light and Glare

All exterior lighting shall be subject to the following standards, unless otherwise exempted by the City of Tustin:

(a)

Outdoor lighting shall be designed so as to minimize impacts from light pollution including light trespass and glare to minimize conflict caused by unnecessary illumination.

(b)

Outdoor lighting fixtures that are used to illuminate a premises, architectural feature or landscape feature on private property shall be directed, shielded, or located in such a manner that the light source is not directed off-site.

(Ord. No. 1429, Sec. II.48, 5-21-13)

ii

Equipment Screening

Roof-top equipment screening (subject to review and approval by the Community Development Department).

(a)

Roof-mounted equipment screening height shall be constructed so that the equipment is not visible from the adjacent right-of-way or adjacent property, at grade level. (Ord. No. 1524, Sec. 57, 8-16-22)

(b)

Screening element must appear visually integrated with the architecture of the building.

(Ord. No. 1429, Sec. II.49, 5-21-13)

jj

Reserved. (Repealed Ord. No. 1517, Sec. XI, 12-7-21)

kk

Qualified Employee Housing

(a)

"Employee housing" means both of the following:

1.

Employee housing providing accommodation for six (6) or fewer employees, pursuant to California Health and Safety Code section 17021.5(b), shall be deemed a single-family dwelling and is allowed in residential zones. Employee housing is subject to all codes, regulations, and other standards generally applicable to other residential dwellings of the same type in the same zone.

2.

Employee housing providing accommodations consisting of no more than thirty six (36) beds in group quarters or twelve (12) units or spaces designed for use by a single family or household, pursuant to Health and Safety Code Section 17021.6(b), shall be deemed an agricultural land use and is allowed in such zones for agricultural use or an equivalent agricultural district within a City approved Specific Plan.

Employee housing is subject to all codes, regulations, and other standards generally applicable to other agricultural activity in the same zone.

(b)

Employee housing is not included within the definition of a boarding house, rooming house, single room occupancy residence, hotel, dormitory, or other similar term that implies that the employee housing is a business run for profit or differs in any other way from a family dwelling.

(c)

Employee housing does not include housing that is provided by someone other than an agricultural employer or an agent thereof if such housing is offered and rented to nonagricultural employees on the same terms that it is offered to agricultural employees, none of the occupants of the housing are employed by the owner or property manager of the housing, none of the occupants of the housing have rent deducted from their wages, negotiation of the terms of occupancy of the housing is conducted between each occupant and the owner or manager of the property, the occupants of the housing are not required to live in the housing as a condition of employment, and the occupants of the housing are not referred to live in the housing by the employer of the occupants or the employer's agent, or an agricultural employer.

(d)

"Employee" as used in this Section does not include a person engaged in household domestic service or a person employed under circumstances in which his or her wages are incidental to professional training or training for a religious vocation and where the employer is exempt from taxation under the California Constitution. In addition to the requirements of this Section, employee housing shall comply with the requirements of the Employee Housing Act (Calif. Health & Safety Code, section 17000 et seq.). (Ord. No. 1574, Sec. 14, 3-17-26)

9272 - DESIGN REVIEW

a Review Required

(1)

The City Council finds that poor quality in the exterior design, development and maintenance of structures, landscaping and general appearance affects the desirability of the neighborhood and the community as a whole, and impairs the benefits of both potential and existing uses to the detriment of the public health, safety, comfort and general welfare. (Ord. No. 1429, Sec. II.50, 5-21-13)

(2)

The City Council further finds that quality evaluations are necessary to fully accomplish the purpose of regulations designed to control such matters, since such regulations cannot both allow reasonable latitude for diversity and originality of design and still be specific enough to control all the aspects of the different uses that can adversely affect the community.

(3)

The Community Development Department is hereby established to accomplish the above objectives and shall have the following responsibilities:

(a)

To provide for the review of building design, site planning and site development in order to protect the increasing value, standards and importance of land and development in the City due to the urbanization of Orange County.

(b)

To retain and strengthen the unity and order of the visual community.

(c)

To ensure that new uses and structures enhance their sites and are harmonious with the highest standards of improvements in the surrounding area and total community.

(4)

In carrying out the functions of design review, consultant services may be utilized as budgeted by the City Council. (Ord. No. 587, Sec. 2)

(5)

Applicants may apply the Objective Design Standards (ODS) to qualifying projects in lieu of the Design Review process, subject to the ODS approved by City Council resolution in effect at the time of application. Qualifying projects include Housing Development Projects as defined in Government Code 65589.5(h)(2) for which State law requires review for compliance using only objective standards. The design and architectural elements of such projects shall be reviewed ministerially for compliance with the ODS. However, projects shall still be required to undergo a public hearing if necessary for the processing of a concurrent entitlement. In such cases, only the architectural review portion shall be processed ministerially.

(i)

Applicants may voluntarily opt out of using the ODS for a project, including those projects that qualify under State law for objective review; however, the project will then proceed under the City's standard Design Review process as outlined in this section, which removes the project from the provisions of the Housing Accountability Act.

b

Scope of Jurisdiction

Prior to the issuance of any building permit, including new structures or major exterior alteration or enlargement of existing structures, building to be relocated, and signs to be constructed or modified, the Community Development Director shall approve the site plan, elevations and landscaping for such development. (Ord. No. 587, Sec. 2)

c

Conditions of Approval

The Community Development Director shall approve the submitted plans if he finds that the location, size, architectural features and general appearance of the proposed development will not impair the orderly and harmonious development of the area, the present or future development therein, the occupancy thereof, or the community as a whole. In making such findings, the Community Development Director shall consider the following items:

(1)

Height, bulk and area of buildings.

(2)

Setbacks and site planning.

(3)

Exterior materials and colors.

(4)

Type and pitch of roofs.

(5)

Size and spacing of windows, doors and other openings.

(6)

Towers, chimneys, roof structures, flagpoles, radio and television antennas.

(7)

Landscaping, parking area design and traffic circulation.

(8)

Location, height and standards of exterior illumination.

(9)

Location and appearance of equipment located outside of an enclosed structure.

(10)

Location and method of refuse storage.

(11)

Physical relationship of proposed structures to existing structures in the neighborhood.

(12)

Appearance and design relationship of proposed structures to existing structures and possible future structures in the neighborhood and public thoroughfares.

(13)

Proposed signing.

(14)

Development guidelines and criteria as adopted by the City Council.

(Ord. No. 1429, Sec. II.51, 5-21-13)

d

Procedures and Time Limits

(1)

The Community Development Department shall review all applications for a Conditional Use Permit, variance and other proceedings subject to public hearing before the Planning Commission, and shall render to the Planning Commission a report of its review, observations and recommendation prior to the date of such public hearing.

(2)

Pertinent information shall be furnished to the Community Development Department to enable review and evaluation of proposed developments.

(3)

The decision of the Community Development Director in matters of original jurisdiction and those referred to him by the Planning Commission or City Council shall be final, unless appealed in writing as herein provided.

(4)

Development shall commence within one (1) year of approval, otherwise, a new evaluation and review shall be required prior to any development, unless otherwise authorized by the Community Development Director.

(Ord. No. 1429, Sec. II.52, 5-21-13)

e

Guiding Principles

Implementation of the development preview process relative to external design shall be guided by the following principles:

(1)

Individual initiative shall be encouraged. Control shall be reduced to the minimum extent possible, while insuring that the goals stated in this Chapter are achieved to the fullest possible extent.

(2)

Good architectural character is based upon the suitability of a structure for its purposes, upon the appropriate use of sound materials and upon the principles of harmony and proportion in the elements of the structure.

(3)

Good architectural character is not, in itself, more costly than poor architectural character and is not dependent upon the particular style of architecture selected.

(4)

When considering signs, particular attention shall be given to incorporating the design, including colors, of the sign into the overall design of the entire development, so as to achieve homogeneous development.

(5)

Building to be relocated must be previewed as to their compatibility with neighboring structures and with existing or proposed structures on the same site. (Ord. No. 587, Sec. 2)

f

Appeals

Any person may appeal any decision of the Director of Community Development in accordance with Section 9294 of this Code. (Ord. No. 656, Sec. 2; Ord. No. 1366, Sec. 19, 11-17-09)

g

Repealed (Ord. No. 1429, Sec. II.53, 5-21-13)

(Ord. No. 1562, Sec. 2, 4-15-25)

(a)

Except as otherwise provided in this Section, a lawfully established structure or use may be continued although the particular structure or use does not conform to current applicable regulations for the district in which the particular structure is located or use is made; provided, however, no legal nonconforming structure or use of land may be extended to occupy a greater area of land or structure than is legally authorized at the time the structure or use first becomes legal nonconforming. If any legal nonconforming structure or use is discontinued or abandoned, any subsequent use of such land or structure shall conform to the regulations specified for the district in which such land or structure is located. If no structural alterations are made therein, a legal nonconforming use may be changed to another use of the same or more restrictive classification upon the securing of a Conditional Use Permit. If the legal nonconforming use is replaced by a more restrictive legal nonconforming use, the occupancy thereafter may not revert to a less restrictive use. If any legal nonconforming use is wholly discontinued for any reason, except pursuant to a valid order of a court of law, for a period of one (1) year, it shall be conclusively presumed that such use has been abandoned within the meaning of this Chapter, and all future uses shall comply with the regulations of the particular district in which the land or structure is located. (Ord. No. 157, Sec. 6.1; Ord. No. 1429, Sec. II.54, 5-21-13)

(b)

(1)

Any lawfully established structure which is legal nonconforming either in use, design, or arrangement, shall not be enlarged, extended, reconstructed, or structurally altered, unless such enlargement, extension, reconstruction or alteration is in compliance with the regulations set forth in this Chapter for the district in which such structure is located; provided, however, that any such legal nonconforming structure may be maintained, repaired or portions thereof replaced, so long as such maintenance, repairs or replacements do not exceed fifty (50) percent of the structure's assessed valuation, as shown on the last equalized assessment roll of the City of Tustin.

(2)

The Community Development Department of the City of Tustin may send, by first class and certified mail, return receipt requested, to the current owner or any nonconforming structure, or of any property upon which any prior nonconforming use exists, a demand that said owner shall furnish to the City of Tustin a statement, under oath, on a form submitted for said purpose, setting forth the information required under subsection (b)(3). (Ord. No. 310, Sec. 1)

(3)

The statement required under subsection (b)(2) shall contain all available evidence pertaining to the following:

(i)

as to structures on the premises, all structures on the premises, all available evidence that: (1) the structures were established consistent with all codes, regulations and requirements applicable to the premises at the time of construction, including copies of all permits issued by governmental agencies; and (2) any enlargement, extension, reconstruction or alteration made to each structure was made in compliance with the provisions of the Tustin City Code that were applicable to the premises at the time of such enlargement, extension, reconstruction or alteration, or such alteration made the use or structure more conforming with the rules and regulations of the Tustin City Code; and (3) each structure has been continuously used and maintained since establishment; and (4) that any maintenance, repair or replacement of the structure or portions thereof were consistent with subsection (b)(1), above.

(ii)

as to uses at the premises, all available evidence that: (1) at the time the use was first established, the use was consistent with all codes, regulations and requirements applicable to the premises; and (2) the use has been continuously maintained since established; and (3) that the use has not been enlarged or extended since the use first became nonconforming.

(4)

The statement shall be filed with the Community Development Department of the City of Tustin within thirty (30) days from the date of such demand. In the event of any failure to duly file such a statement as herein provided, said structure and use shall conform to all regulations of the zone in which it is located within thirty (30) days after such failure.

(5)

The Director of Community Development shall review the evidence available, including, but not limited to, the evidence contained in the statement provided by the owner, and shall, within sixty (60) calendar days of submittal of the owner's statement, send to the owner a written preliminary determination of conforming or nonconforming status. The preliminary determination shall include a finding that the available evidence indicates the use and/or the structure is or is not legal nonconforming. The burden of proof to establish the lawful and continuing existence of the structure and/or use at the time the use or structure first became legal nonconforming and for all periods of time as required under this Section rests with the current owner.

(6)

The owner or any other individual may, within twenty (20) calendar days of the mailing of the preliminary determination, request a hearing on the preliminary determination before the Zoning Administrator by submitting a written request identifying the preliminary determination, and submitting therewith a hearing fee in such amount as the City Council may establish by resolution. The hearing shall be set within thirty (30) calendar days and occur within ninety (90) calendar days of the receipt of the request for hearing, and notice of the hearing shall be mailed at least ten (10) calendar days prior to the hearing to the owner and to any other individual(s) requesting the hearing. The owner and each individual requesting the hearing shall have the opportunity to present evidence and witnesses regarding the nonconforming status. The hearing may be continued from time to time by the Community Development Director. Within thirty (30) calendar days of the conclusion of the hearing, the Community Development Director shall send to the owner and any individual requesting the hearing a written final determination of conforming or nonconforming status that shall include a finding that the available evidence indicates the use and/or the structure is or is not legal nonconforming. If no hearing is timely requested, the preliminary determination shall be deemed final. (Ord. No. 1429, Sec. II.55, 5-21-13)

(7)

A final determination by the Zoning Administrator may be appealed in accordance with Section 9294.

(c)

Notwithstanding Sections 9273(a) and 9273(b), legally established structures and uses listed in the City's Historical Resources Survey may be enlarged, extended, reconstructed, or structurally altered in accordance with the provisions of Sections 9264b and 9271p of this Chapter.

(d)

A legal nonconforming structure, destroyed to the extent of more than fifty (50) percent of its replacement value at the time of its destruction by fire, explosion or other casualty or act of God, may be restored or used only in compliance

with the regulations existing in the district wherein it is located, except Multiple family dwellings (see Section 9273(h)). (Ord. No. 310, Sec. 2; Ord. No. 1429, Sec. II.56, 5-21-13)

(e)

The provisions set forth in (b) and (d), above, shall apply to structures, land and uses which are, or become, legal nonconforming due to any reclassification of districts under this Chapter; provided, however, that public uses, public utility buildings and public utility uses existing at the time of the adoption of this Chapter, or existing at the time of reclassification of districts, shall not be considered legal nonconforming. (Ord. No. 319, Sec. 3)

(f)

Any use of land or structure which is made "nonconforming" either in design or arrangement due to acquisition of public right-of-way by the City shall be exempt from the provisions of this section, and any other provision of the Tustin City Code, regulating legal nonconforming uses or structures, unless it is established by the Community Development Department that such use or structure creates a nuisance or is a threat to the health, safety, welfare or well-being of the occupants of the public. (Ord. No. 1013, Sec. 2, 1-3-89)

(g)

Except as provided in Section 9273(d), following a final nonconformity determination pursuant to this Section 9273, all nonconforming structures and/or uses determined not to be legal nonconforming shall be illegal, and such structures and/or uses are a public nuisance that shall either be altered to conform with all applicable standards and regulations, or shall be discontinued and removed.

(h)

Multiple family dwellings: Reconstruction/replacement.

Multiple family dwellings damaged or destroyed due to catastrophic events may be reconstructed or replaced by new identical construction pursuant to the same development standards applied to the damaged or destroyed dwelling units. However, repair or replacement construction shall comply with all current building and fire code regulations. (CAL. GOV. CODE § 65852.25) (Ord. No. 1429, Sec. II.57, 5-21-13)

(Ord. No. 1397, Sec. 6, 11-15-11)

9274 - MULTIPLE DWELLING CONVERSIONS STANDARDS

a

Conversion Subject to Other Code Provisions

Conversion of multiple dwelling units to condominiums as defined in Section 1350 of the Civil Code, Community Apartment Projects as defined in Section 11004 of the Business and Professions Code or Stock Cooperatives as defined in Section 11003.2 of the Business and Professions Code; shall be required to conform and be consistent with the regulations and provisions of the following:

(1)

Part 9, Administration of this Chapter concerning application for and action on a Conditional Use Permit. (Ord. No. 1429, Sec. II.58, 5-21-13)

(2)

Chapter 3, Subdivisions of the Tustin City Code.

(3)

Section 9224, Planned Development District (PD) of Part 2, Residential Districts, of this Chapter. (Ord. No. 1524, Sec. 5, 8-16-22)

(4)

The Tustin Area General Plan.

b

Minimum Standards, Fire

(1)

Access roadways shall be extended to within two hundred fifty (250) feet of all portions of the exterior walls of the first story of any building. Where the access roadway cannot be provided, approved fire protection system or systems shall be provided as required and approved by the Orange County Fire Marshal. A turn-around radius of a minimum of thirty-five (35) feet shall be provided when access road extends over one hundred fifty (150) feet from street with any one point of egress.

(2)

An approved water supply capable of supplying required fire flow for fire protection shall be provided to all premises. When any portion of the building protected is in excess of one hundred fifty (150) feet from a water supply on a public street, there shall be provided, when required by the Orange County Fire Marshal, on-site fire hydrants and mains capable of supplying the required fire flow.

(3)

Illuminated directional address signs to be installed at locations determined by the Orange County Fire Marshal.

c

Minimum Standards, Public Works

Any missing or damaged street improvements, including, but not limited to the following will be required: Curb and gutter, sidewalk, drive aprons, street lights and street trees. All public improvements to be constructed in conjunction with the development shall be revised on existing improvement plan by a civil engineer and all public improvements shall be completed prior to final inspection and release by the Building Department.

d

Minimum Standards, Building

The condominium conversion shall comply with the requirements and intent of the development regulations and code requirements as adopted by the City of Tustin, including, but not limited to, the following:

(1)

Sound attenuation be provided in a manner specified by an acoustical engineer as approved by the Building Official to satisfy the intent of Chapter 35 of the Uniform Building Code, 1976 Edition, and of California Administrative Code Title 25, Chapter 1, Subchapter 1, Article 4, Section 1092. Exterior freeway noise shall be attenuated to forty-five (45) dBA inside the units.

(2)

Compliance with the security ordinance to provide deadbolt locks, window locks, security lighting and those other items required by staff to meet the intent of the ordinance.

(3)

One-hour rated fire walls shall be provided between units. Fire detection devices shall be provided for all units.

(4)

Plans of the existing structures shall be reviewed for code conformance with the applicable Uniform Building Code under State law. The Building Official shall require improvements, corrections, replacement of detrimental components as determined necessary. A report shall be submitted by the applicant on general structural conditions, addressing foundation, framing, interior and exterior wall coverings, roof, plumbing, electrical wiring, utility connections, built-in household appliances, heating and cooling systems and sewer evaluation prepared by an independent state licensed structural engineer, architect or general contractor. Said report shall address condition and expected remaining useful life of each respective item.

(5)

A pest information report addressing the present condition of the structure as it may be affected by termites, dry rot, roaches, or other insects, and recommending work required, if any, to render the structure free of infestation.

e

Minimum Standards, Planning

(1)

Plans and reports shall be submitted on all interior and exterior cosmetic improvements, new interior amenities and appliances and renovation of common areas to current landscaping requirements.

(2)

That covered patios, entry ways and roof top recreation patios shall not be considered open space to satisfy provisions of the Planned Development (PD) District.

(3)

Covenants, conditions, and restrictions shall be submitted for review and approval by the Community Development Department and City Attorney which shall contain at a minimum:

(a)

The formation of a "Community Association" to provide for the maintenance of the common area.

(b)

Disclosure of management agreements, maintenance provisions, access for emergency repairs, easements, etc.

(c)

Allocation of off-street parking spaces for residents and guests.

(d)

Provisions for establishment of a maintenance and operating budget.

(4)

Tenant relocation/purchase provisions: The applicant shall give written notice to all tenants ten (10) days prior to the date of all public hearings relating to the condominium conversion application. All persons who are tenants at the time of City approval of the conversion shall be given a notice of intent to convert of one hundred twenty (120) days prior to the date of conversion and the right to purchase exercisable within sixty (60) days in accordance with State law. The applicant shall submit a tenant relocation/purchase plan containing at least the following:

(a)

Relocation assistance benefits shall be paid to tenants of the development as of the time of City approval of the conversion and who remain as tenants for one hundred twenty (120) days thereafter or until the sooner issuance of building permits, and to persons who become tenants after City approval and who have not been given written notice by the developer of the intended conversion prior to becoming a tenant. The relocation assistance benefit shall be payable only to such tenants who desire to relocate. The relocation assistance benefit shall be determined on a per unit basis, to be shared among the tenants of the unit. The amount of such relocation assistance benefit shall be equal to twice the last month's rent paid or a minimum amount of seven hundred fifty dollars ($750.00), whichever is greater, per dwelling unit. Rent reduction or waiver may be included for consideration. The minimum amount may be increased from time to time by resolution of the City.

(b)

In no event may rents be increased following approval of a tentative map or Conditional Use Permit without prior City Council approval by resolution or minute order. (Ord. No. 1429, Sec. II.59, 5-21-13)

(c)

A percentage or dollar discount shall be offered tenants desiring to purchase their unit together with special financing mechanisms or purchase plans.

(d)

Provisions for special protection of longer term occupancies or greater cash assistance shall be available to households of the elderly (sixty (60) years of age or older), the disabled, as defined in United States Code, Title 42, Section 423, or handicapped persons, as defined in the California Health and Safety Code, Section 50072.

(e)

Provisions shall be made for refund of cleaning and security deposits; additional cash payments for moving or inconvenience expenses (time off from work, transportation, etc.); availability of a relocation coordinator; director of available units or other relocation assistance; and other provisions to assist tenants in relocation or purchase.

(f)

Agreement shall be made that no tenants shall be unreasonably disturbed during building, remodeling or sales activity, and except in an emergency situation, shall be granted two (2) days' notice prior to requiring access for repair, improvements, inspection or showing to prospective purchaser or mortgagee. Provided further that no tenant shall refuse reasonable access for such purposes. (Ord. No. 822, Sec. 1, 2-19-80; Ord. No. 872, Sec. 1, 8-2-82)

9275 - REGULATION OF AREAS FOR COLLECTING AND LOADING RECYCLABLE MATERIALS

Shall conform to standards and site development standards set forth in Section 4316 of the Tustin City Code et al.

(Ord. No. 1111, Sec. 2, 9-7-93; Ord. No. 1429, Sec. II.60, 5-21-13)

a

Purpose

The purpose of these regulations and guidelines is to regulate the establishment and modification of all wireless communication facilities outside the public right-of-way and City of Tustin property, and to protect the public health, safety, aesthetics, and quality of life of Tustin citizens. The Tustin City Council has found and determined that these regulations and guidelines for wireless communication facilities are necessary to attain these objectives.

b

Definitions

Unless otherwise stated, the following definitions pertain to this Section.

"Antenna" means a device used in communications which transmits or receives radio signals.

"Antenna, dish" means a disk-like antenna used to link communications sites together by wireless transmission of voice or data; also called microwave antenna, microwave dish antenna, or satellite dish.

"Antenna, microwave" means a dish antenna.

"Antenna, panel" means an antenna or array of antennas that are flat and rectangular and designed to concentrate a radio signal in a particular area. Also referred to as directional antennas.

"Antenna, whip" means an antenna that transmits signals in three hundred sixty (360) degrees. They are typically cylindrical in shape and are less than six (6) inches in diameter and measure up to eighteen (18) feet in height. Also called omnidirectional, stick or pipe antennas.

"Building-mounted" means affixed to a building or to such as a water tank, billboard, steeple, freestanding sign, etc. (Ord. No. 1429, Sec. II.61, 5-21-13)

"California Public Utilities Commission (CPUC)" means the governmental agency which regulates the terms and conditions of public utilities in the State of California.

"Certificate of public convenience and necessity" means a certificate issued by the California Public Utilities Commission.

"Co-location" means the locating of wireless communications equipment from more than one provider on a single building-mounted, roof-mounted or ground-mounted wireless communication facility.

"Electromagnetic field" means the local electric and magnetic fields caused by voltage and the flow of electricity that envelop the space surrounding an electrical conductor.

"Ground mounted" means mounted to a pole, monopole, lattice tower or other freestanding structure specifically constructed for the purpose of supporting such antenna.

"Lattice tower" means a structure with three (3) or four (4) steel support legs that supports a variety of antennas. These towers generally range in height from sixty (60) to two hundred (200) feet and are constructed in areas where great height is needed, microwave antennas are required, or where the weather demands a more structurally sound design.

"Major wireless communication facility" means a wireless communication facility that:

(1)

Is ground-mounted on property not within the public right-of-way; or

(2)

Is building-or roof-mounted and exceeds ten (10) feet in height and does not exceed the maximum height permitted in the zoning district in which the facility is located; or

(3)

Is building-or roof-mounted and exceeds the maximum height permitted in the zoning district in which the facility is located by a maximum of ten (10) feet.

"Minicell" means a wireless communication facility that meets all of the following criteria:

(1)

Contains a maximum of six (6) whip or panel antennas. Each whip antenna does not exceed six (6) inches in diameter and four (4) feet in length. Each panel antenna does not exceed two (2) square feet in surface area.

(2)

Contains a maximum of one microwave antenna no larger than ten (10) square feet in surface area.

(3)

Has an array of antennas less than ten (10) feet in height.

(4)

Is building-or roof-mounted.

(5)

Has a total height that does not exceed the maximum height permitted in the applicable zoning district in which the facility is located.

"Minor wireless communication facility" means a wireless communication facility that:

(1)

Consists of a minicell; or

(2)

Consists of one or more stealth antennas mounted on an existing structure in a manner that does not extend beyond the height or width of such existing structure.

(3)

Consists of building or roof mounted antenna that extends less than ten (10) feet in height beyond the top of the existing structure and does not exceed the maximum height permitted in the zoning district in which the facility is located.

"Monopole" means a structure composed of a single spire used to support antennae and related equipment.

"Mounted" means attached or supported.

"Private wireless communication facility" means a wireless communication facility that has not been granted a certificate of public convenience and necessity or a corporate identification number by the California Public Utilities Commission.

"Public right-of-way" means and includes all public streets, sidewalks, and utility easements, now or hereafter owned in fee or easement by the City of Tustin.

"Public wireless communication facility" means a wireless communication facility that has been granted a certificate of public convenience and necessity and/or a corporate identification number by the CPUC.

"Radiofrequency radiation" means electromagnetic radiation in the portion of the spectrum from three (3) kilohertz to three hundred (300) gigahertz.

"Roof-mounted" means mounted above the eave line of a building.

"Stealth antennas" means antennas and associated hardware that are concealed within or placed on the surface of an existing structure in a manner that such antennas replicate the features of the existing building or are integrated into the overall design features of the existing building so that they are not readily visible.

"Unipole" means a structure composed of a single spire used to support antennas and related equipment that are incorporated into a single vertical element. Also called unicell.

"Wireless communication facility" means any public or private structure that supports antennas (dish, panel, whip, etc.), microwave dishes and other related equipment that sends and/or receives radiofrequency signals. This includes facilities for personal wireless services as defined in the Telecommunication Act of 1996, 47 U.S.C. 332(c)(7).

c

Applicability of this Section

(1)

All wireless communication facilities for which applications were approved and/or building permits issued by the Community Development Department on or prior to the adoption date of Ordinance No. 1192 shall be exempt from the regulations and guidelines contained herein, unless Section 9276c(2) or Section 9276c(5) applies.

(2)

All wireless communication facilities for which building permits have expired, and have not been renewed on or prior to the adoption date of Ordinance No. 1192, shall be required to comply with the regulations and guidelines contained herein.

(3)

All wireless communication facilities to be located within City of Tustin public right-of-way or on property owned by the City of Tustin shall be exempt from the regulations and guidelines contained herein. (Ord. No. 1367, Sec. II, 4-6-10)

(4)

All satellite dishes of one (1) meter or less in diameter in residential districts and of two (2) meters or less in commercial or industrial districts shall be exempt from the regulations and guidelines contained herein. Dish antennas exceeding three (3) feet in diameter shall be regulated by Section 9271y and not by the provisions of this section. As used herein, "dish antenna" includes satellite dishes, multichannel multipoint distribution service ("MMDS") antennas and television antennas.

(5)

All modifications to lawfully established wireless communication facilities for which applications for the modifications were submitted on or after the adoption date of Ordinance No. 1192, shall be required to comply with the regulations and guidelines contained herein. Modifications to legal nonconforming wireless communication facilities that are legal nonconforming with respect to any provision of Ordinance No. 1192, must first receive Zoning Administrator approval of a conditional use permit, as established by Tustin City Code Section 9291. Modifications to legal nonconforming wireless communication facilities shall not increase the nonconformities. (Ord. No. 1397, Sec. 7, 11-15-11; Ord. No. 1536, Sec. 8, 4-16-24)

d

Requirement for Conditional Use Permit

The following must first receive Zoning Administrator approval of a conditional use permit as established by Tustin City Code Section 9291: (Ord. No. 1536, Sec. 9, 4-16-24)

(1)

Any major wireless communication facility established or modified in the City of Tustin.

(2)

Any minor wireless communication facility established or modified within any City of Tustin residential zoning district on property that contains any legally established nonresidential use and no legally established residential use.

(3)

Any wireless communication facility established or modified in the City of Tustin that exceeds the maximum height permitted in the zoning district in which the facility is located.

e

Requirement for Design Review

Design review approval shall be required prior to the establishment or modification of any wireless communication facility in accordance with Tustin City Code Section 9272. If a conditional use permit is required, the design review authority shall be deferred to the Zoning Administrator. When a variance is required, the design review authority shall be deferred to the Planning Commission. (Ord. No. 1536, Sec. 10, 4-16-24)

f

Development Criteria and guidelines for all Wireless Communication Facilities

(1)

Screening criteria and guidelines

(a)

Wireless communication facilities shall have subdued colors and nonreflective materials which blend with surrounding materials and colors.

(b)

Wireless communication facilities shall be located in areas that will minimize their aesthetic intrusion on the surrounding community. Ground-mounted facilities should only be located in close proximity to existing aboveground utilities, such as electrical tower or utility (which are not scheduled for eventual removal or undergrounding), light poles, or trees of comparable heights. For building-mounted facilities, all screening shall be compatible with the existing architecture, color, texture and/or materials of the building.

(2)

Site selection order of preference

(a)

Wireless communication facilities shall be located in the following order of preference:

1.

On existing structures such as buildings, communication towers, steeples, freestanding signs, and/or co-located on existing facilities.

2.

In locations where the existing topography, vegetation, buildings, or other structures provide the greatest amount of screening.

3.

On vacant ground without significant visual mitigation only in commercial and industrial zoning districts.

(Ord. No. 1429, Sec. II.62, 5-21-13)

(b)

As part of the application process, applicants for wireless communication facilities shall be required to provide written documentation demonstrating a good faith effort in locating facilities in accordance with the site selection order of preference.

(3)

Other criteria and guidelines

(a)

Wireless communications facilities shall not bear any signs or advertising devices other than certification, warning, or other required seals or signage, unless signage is approved by the City in accordance with the city of Tustin Sign Code.

(b)

All accessory equipment associated with the operation of the wireless communication facility shall be located within a building, enclosure, or underground vault that complies with the development standards of the zoning district in which the accessory equipment is located, unless other less obtrusive alternatives are identified and approved by the City.

(c)

Within ninety (90) days of commencement of operations, applicants for wireless communication activities that are located within three hundred (300) feet of residential areas or located on properties that are zoned residential and developed with a nonresidential use, may be required to provide a preliminary report and field report prepared by a qualified engineer that shows the operation of the facility is in conformance with the standard established by the American National Standards Institute (ANSI) and Institute of Electrical and Electronics Engineers (IEEE) for safe human exposure to electromagnetic fields (EMF) and radiofrequency radiation (RFR).

g

Locational Criteria for All Wireless Communication Facilities

(1)

Except as permitted by section 9276, c(4), no wireless communication facility shall be established:

(a)

On vacant property within any City of Tustin residential zoning district; or

(b)

On property that contains any legally established residential use.

(2)

No major wireless communication facility shall be established.

(a)

Within any City of Tustin residential zoning district; or

(b)

On property that contains any legally established residential use.

(3)

A minor wireless communication facility may be established or modified within any City of Tustin residential zoning district on property that contains any legally established nonresidential use and no legally established residential use, with the approval of a conditional use permit by the Zoning Administrator. Should the property subsequently be developed with a residential use, the conditional use permit shall become null and void, and the facility shall be removed. (Ord. No. 1536, Sec. 11, 4-16-24)

h

Additional Locational Guidelines for Major Wireless Communication Facilities

(1)

Providers requesting permission to establish major wireless communication facilities in the City of Tustin shall find sites that are separated from residential areas to the greatest extent feasible. No major wireless communication facility should be established within three hundred (300) feet of:

(a)

Any City of Tustin residential zone or land use district;

(b)

Any legally established residential use.

(2)

No major wireless communication facility should be established within one hundred (100) feet of any existing, legally established major wireless communication facility except when co-located on the same building or structure.

(3)

For the purposes of this ordinance [section], all distances shall be measured in a straight line without regard to intervening structures, from the nearest point of the proposed major wireless communication facility to the nearest property line of any land use, land use district, or zone described in subsection (a) above, or to the nearest point of another major wireless communication facility described in subsection (b).

(4)

Major wireless communication facilities should be encouraged to locate and/or co-locate on properties which are located within Industrial (M) and Planned Community Industrial (PC IND) zoning districts. (Ord. No. 1524, Sec. 17, 8- 16-22)

i

Height Standards for Major Wireless Communication Facilities

No major wireless communication facility shall exceed by more than ten (10) feet the maximum height permitted in the zoning district in which the facility is located.

j

Monitoring Program

Each wireless communication facility approved subsequent to the adoption of Ordinance No. 1192 shall be reviewed by the Community Development Director at the end of five (5) years and/or at annual intervals thereafter from the date of design review and/or conditional use permit approval. The Community Development Director may defer this review to the Planning Commission on a case-by-case basis. The Director or Zoning Administrator, as applicable, may recommend a condition of approval to the Planning Commission or the City Council, respectively, to modify existing conditions or impose new conditions as part of this review to protect the public health, safety, community aesthetics and general welfare, which condition shall be subject to the approval of the City Council. (Ord. No. 1429, Sec. II.63, 5- 21-13; Ord. No. 1536, Sec. 12, 4-16-24)

k

Conditional Use Permit Expiration

Each major wireless communication facility approved subsequent to the adoption of Ordinance No. 1192 shall be approved for a period not to exceed the term of the lease with the property owner, including any extension thereof, for the major wireless communication facility. A recorded memorandum of lease setting forth the term of the lease shall be submitted to the Community Development Director prior to the issuance of a building permit for the major wireless communication facility. If the lease is extended or terminated, the operator of the wireless communication facility shall provide notice and evidence thereof in writing to the Community Development Director no later than five (5) days prior to the extension or termination of the lease. Upon termination or expiration of the lease, the Conditional Use Permit for the facility shall become null and void and the facility removed. (Ord. No. 1429, Sec. II.64, 5-21-13)

l

Abandonment

A wireless communication facility is considered abandoned if it no longer provides wireless communication service. If the use of a facility is discontinued for any reason, the operator of the wireless communication facility shall notify the City of Tustin in writing no later than five (5) days after the discontinuation of use.

Lawfully erected wireless communication facilities that are no longer being used shall be removed promptly from the premises, and no later than ninety (90) days after the discontinuation of use. Such removal shall be in accordance with proper health and safety requirements.

A written notice of the determination of abandonment shall be sent or delivered to operator of the wireless communication facility. The operator shall have thirty (30) days to remove the facility or provide the Community Development Department with evidence that the use has not been discontinued. The Zoning Administrator shall review all evidence and shall determine whether or not the facility is abandoned. All facility not removed within the required thirty (30) day period shall be in violation of the Tustin City Code and operators of the facility and the owners of the property shall be subject to penalties for violations under the enforcement and penalties provisions of this section. (Ord. No. 1536, Sec. 13, 4-16-24)

m

Violations/Penalties

Violations of this ordinance shall constitute a public nuisance and shall also constitute a misdemeanor punishable by fine or imprisonment or both. Each day the violation continues is punishable as a separate offense pursuant to Tustin City Code Section 1121.

(Ord. No. 1192, Sec. 3, 2-2-98; Ord. No. 1260, Secs. 1—3, 10-21-02)

9277 - OUTDOOR RESTAURANT SEATING AND DINING AREAS

a) Purpose

The regulations and requirements of this Section are intended to provide for the proper location and minimum standards for permanent Outdoor Dining Areas and Outdoor Seating areas for restaurants in the commercial areas of the City of Tustin. It shall be unlawful for any person to establish an Outdoor Dining Area or Outdoor Seating Area at any site unless approval has been obtained, as applicable, consistent with this Section.

b) Definitions

For the purposes of this Section, the following definitions shall apply:

"Outdoor Dining Area" means an outdoor area that has been improved as a separately identifiable, designated space for the outdoor seating, service, and/or consumption of meals and beverages in conjunction with a restaurant located directly adjacent to or in close proximity of the outdoor area, excluding outdoor dining areas located within a park, golf course, recreation center, senior center or other public or quasi-public use, as may be determined by the Community Development Director. Typical improvements include a defined perimeter via landscape planters, decorative barriers, or fencing; decking or other decorative flooring that separates the dining area floor from the ground; and outdoor furnishings such as shade structures, tables, and chairs.

"Outdoor Seating Area" means an outdoor area directly adjacent to or in close proximity of a restaurant where nonfixed tables and chairs are provided for restaurant patrons to sit and/or consume meals and/or nonalcoholic beverages. An Outdoor Seating Area is differentiated from an Outdoor Dining Area by the portable nature of outdoor furnishings and a lack of physical barriers or improvements.

c)

Applicability

No person or entity shall operate a restaurant or take-out restaurant which provides an Outdoor Dining Area or Outdoor Seating Area for the purpose of serving food or beverages to customers without meeting the requirements of this Section and receiving prior written approval of the Community Development Director or designee, as applicable. Said approval shall be in addition to any other license or permit required by California Law or the TCC. Outdoor Dining Areas or Outdoor Seating Areas proposing to operate within the public right-of-way must obtain a License Agreement

from the City of Tustin as described in subsection f. Outdoor Dining Areas proposing to serve alcoholic beverages shall obtain approval for a Conditional Use Permit pursuant to Section 9271dd, as may be required by the subject property's zoning designation, and an applicable license from the California State Department of Alcoholic Beverage Control.

d)

Outdoor Seating Areas

Outdoor Seating Areas established as an accessory use to a food service establishment such as a café, bakery, or restaurant are subject to the requirements below and the Outdoor Seating and Dining Area Design Guidelines as may be promulgated by the Community Development Department, and as the same may be amended. The Community Development Director may waive, modify, or impose additional operational conditions deemed necessary and appropriate provided that the waiver, modification, and/or additional conditions achieve the purpose and intent of this Section.

(1)

Operational Requirements

(a)

Restaurants may have non-fixed tables and furnishings (seats, benches, umbrellas) directly adjacent to or in close proximity of the restaurant.

(b)

Furnishings may be set out as early as thirty (30) minutes before opening and must be removed no later than thirty (30) minutes after closing of the business.

(c)

Operation of an Outdoor Seating Area shall be permitted only at such times as the main place of business is open, and in no event before 6:00 a.m. and after 11:00 p.m., except when the Outdoor Seating Area abuts in whole or in part a residentially used or zoned property, in which case the hours of operation for the Outdoor Seating Area shall be limited to no earlier than 7:00 a.m. and no later than 10:00 p.m.

(d)

All Outdoor Seating Areas shall comply with the City's Noise Ordinance.

(e)

All required pedestrian pathways, emergency access/exits, and fire lanes must be maintained in compliance with applicable ADA, Orange County Fire Authority, and City requirements.

(f)

No furnishings may be placed in any required parking or landscape area.

(g)

No furnishings may be placed or encroach within the public right-of-way without first obtaining appropriate approvals from the Public Works and Community Development Departments and meeting the requirements of Section f.

(h)

No advertising, signage, or identification of any kind is permitted on outdoor furnishings (including shade structures).

(i)

An Outdoor Seating Area provided in compliance with these requirements will not be counted as floor area used to determine the restaurant's parking requirement.

(j)

Furnishings must be maintained and cleaned regularly with no ripped, faded, or otherwise damaged materials. Any unmaintained furnishing shall be repaired or replaced immediately. The restaurant manager or business owner is responsible for maintaining the Outdoor Seating Area free of trash, litter, and food debris.

e)

Outdoor Dining Areas

(1)

Review Procedure and Submittal Requirements.

The establishment of a new Outdoor Dining Area, or the expansion or substantial modification of an existing Outdoor Dining Area, shall be subject to the City's Design Review process in accordance with Section 9272. Approval for an Outdoor Dining Area shall be granted only to the operator of a restaurant which is in conformance with the Zoning Code and which holds a valid City Business License. Written concurrence of the property owner shall also be required. The Community Development Director may waive, modify, or impose additional conditions deemed necessary and appropriate provided that the waiver, modification, and/or additional conditions achieve the purpose and intent of this Section.

When a restaurant is proposed to replace a restaurant where an Outdoor Dining Area had previously been approved pursuant to this Section, the new restaurant owner or operator may continue to utilize the existing Outdoor Dining Area without obtaining separate written approval, so long as such owner or operator submits an Agreement to Conditions Imposed to the City to comply with the requirements of this Section and all conditions of the prior written approval, on a form provided by the Community Development Director, executed by the new restaurant owner and the property owner. Notwithstanding the foregoing, if any portion of the existing Outdoor Dining Area is located within a City property, a public sidewalk or other public right-of-way, the new restaurant owner or operator shall enter into a new License Agreement with the City and comply with the provisions of subsection f.

All proposals shall be accompanied by a complete application for Design Review on a form provided by the Community Development Director and shall include the following:

(a)

A detailed drawing to scale of the proposed site indicating the following: the existing facade, the points of ingress and egress, the proposed location of the tables, chairs, serving equipment, planters, borders, awnings, umbrellas, border enclosures, or other facilities to be included in the Outdoor Dining Area. If the Outdoor Dining Area is proposed to be located on City property, a public sidewalk or other public right-of-way, the drawings must also include the location of existing public improvements including fire hydrants, street signs, street lights, traffic signals, bus shelters, mail boxes, trees and tree grates, parking meters, planting boxes or planting areas, fire escapes or other overhead obstructions, and any other public obstruction. Photographs and/or brochures depicting the chairs, tables, umbrellas and other private features including lighting shall be included with the site plan.

(b)

A narrative description of the proposal, including the proposed hours of operation, and any additional information as may be deemed necessary by the Community Development Director.

(c)

The fee as may be established by Resolution of the Tustin City Council.

(2)

Location and Design Requirements

(a)

An Outdoor Dining Area shall meet the following locational and design criteria, and the Outdoor Seating and Dining Areas Design Guidelines:

(1)

The Outdoor Dining Area may only be established abutting or adjacent to the primary restaurant business with which the outdoor dining area is associated.

(2)

An Outdoor Dining Area shall not be located on City property, a public sidewalk or other public right-of-way unless a valid License to do so has been obtained from the Tustin Public Works Department and subject to the regulations established in Section f.

(3)

The Outdoor Dining Area shall not occupy or interfere with the use of required parking spaces and drive aisles, unless approved otherwise.

(4)

The Outdoor Dining Area shall not obstruct any fire exit, fire escape, or other required ingress or egress to any structure or property.

(5)

The Outdoor Dining Area shall be compatible with the design of the building establishment and maintain proper visibility and access to the establishment.

(6)

The Outdoor Dining Area shall not be located so as to interfere with ADA and pedestrian access, bike or vehicle traffic, or that creates a threat to public safety as determined by Community Development Director, Public Works Director, Police Chief or the Orange County Fire Authority.

(7)

The Outdoor Dining Area floor shall be composed of decking, raised foundation, or other materials that differentiate the dining area from the surrounding area.

(8)

The Outdoor Dining Area shall be enclosed by permanent improvements such as landscape planters, fencing, decks, and/or other decorative barriers that physically separate and/or define the dining area from other open or public spaces. Barriers within the public right-of-way shall be removable upon request by the City. The enclosure shall be a minimum of three (3) feet tall, or higher as required by California State Department of Alcoholic Beverage Control as applicable.

(b)

No additional parking required when the Outdoor Dining Area contains no more than fifteen (15) seats, or is no larger than fifty (50) percent of the restaurant's interior seating area.

(c)

For restaurants located within commercial centers designated as "Large Retail Centers" (30,000 square feet or more), up to three (3) legal parking spaces adjacent to the restaurant can be used as part of an Outdoor Dining Area without needing to be replaced to comply with parking requirements.

(d)

A reduction in the number of required parking spaces to accommodate an Outdoor Dining Area can be obtained with the approval of a Conditional Use Permit by the Zoning Administrator, pursuant to Section 9264a (Joint Use of Parking Areas).

(3)

Operational Requirements

City approval and continued enjoyment of the Outdoor Dining Area shall be subject to the following conditions:

(a)

The Outdoor Dining Area should be compatible in color and style with the exterior of the building. The use of compatible awnings, umbrellas, plants, and other human scale elements is encouraged to enhance the pedestrian experience.

(b)

The applicant shall comply with all applicable federal, state, county and city laws and regulations, and operation of the outdoor restaurant seating area shall not be detrimental to the health, safety, or welfare of persons residing or working in the vicinity.

(c)

No outdoor keeping or storage of food or beverages to be served shall be permitted. No open keeping or storage of used dishes, utensils or food scraps shall be permitted. Self-closing, outdoor trash containers shall be provided to the satisfaction of the Community Development Department. All outdoor restaurant seating areas shall be cleaned on a continual daily basis.

(d)

Furnishings must be maintained and cleaned regularly with no ripped, faded, or otherwise damaged materials. Any unmaintained furnishing shall be repaired or replaced immediately. The restaurant manager or business owner is responsible for maintaining the outdoor seating area free of trash, litter, and food debris.

(e)

Operation of an Outdoor Dining Area shall be permitted only at such times as the main place of business is open, and in no event before 6:00 a.m. and after 11:00 p.m., except when the outdoor dining area abuts in whole or in part a residentially used or zoned property, in which case the hours of operation shall be limited to no earlier than 7:00 a.m. and no later than 10:00 p.m.

(f)

An Outdoor Dining Area may have a menu board that does not exceed six (6) square feet in area.

(g)

The sale and consumption of alcoholic beverages in the Outdoor Dining Area shall be restricted by and subject to any required California State Department of Alcoholic Beverage Control or other applicable license or permit governing the restaurant. Any outdoor dining area where alcoholic beverages are sold or consumed shall be confined by a border, fence, and/or planters and shall be supervised at all times by an employee of the restaurant. No alcoholic beverages may be removed from the Outdoor Dining Area, except to the interior of the restaurant.

(h)

The Outdoor Dining Area shall comply with all applicable federal, state, county and city laws and regulations concerning accessibility and nondiscrimination in the provision of services.

(i)

All Outdoor Dining Areas shall comply with the City's Noise Ordinance.

(j)

Live entertainment or amplified music within the Outdoor Dining Area during allowed operational hours shall be accomplished in such a fashion so as to comply with the TCC and City's Noise Ordinance.

(k)

Lighting shall be provided to illuminate the Outdoor Dining Area.

(l)

Violation of any of the requirements set forth in this Section, or any other conditions placed on approval of an Outdoor Dining Area by the City of Tustin, shall constitute a violation of the TCC, subject to enforcement in any manner authorized by the TCC. In addition, the Community Development Director is hereby authorized to suspend or revoke any prior approval of an Outdoor Dining Area upon continuous or repetitive violation of such requirements or conditions.

f)

Additional Requirements for Outdoor Seating Areas and Outdoor Dining Areas Located Within City Property, a Public Sidewalk, or the Public Right-of-Way

Notwithstanding any other provision of this Code, all or a portion of an Outdoor Seating Area or Outdoor Dining Area that satisfies the requirements of this Section, may be located within City property, a public sidewalk or public right-ofway where the Director of Public Works determines, in his or her discretion, that the use is compatible with the intended use of the City property, public sidewalk or other public right-of-way, subject to the following conditions:

(1)

A revocable License Agreement shall be obtained from the City of Tustin for any portion of an Outdoor Dining Area or Outdoor Seating Area located on City property, public sidewalk or other public right-of-way. The License Agreement shall be subject to termination by the City at any time upon a ten-day prior written notice upon determination of the Community Development Director and/or Director of Public Works that one (1) or more of the conditions or provisions of this Section have been violated, or that one (1) or more factors listed in this Section have changed, or the permitted use is no longer compatible with the intended use of the City property, public sidewalk or other public right-of-way. No prior written notice shall be required to terminate the License Agreement where the Community Development Director and/or Director of Public Works determines, in his or her discretion, that the continued use of the City property, public sidewalk or other public right-of-way for the Outdoor Seating Area or Outdoor Dining Area poses an imminent threat to health or safety.

(2)

The use of public sidewalks or right-of-way for an Outdoor Seating Area or Outdoor Dining Area may be permitted only when associated with the operation of a licensed establishment such as a café, bakery, restaurant or take-out restaurant operating on property located adjacent to or in close proximity of said right-of-way.

(3)

The restaurant operator or property owner shall provide to the City of Tustin, in a form acceptable to the City Attorney, the following:

(a)

An agreement to indemnify, defend, and hold harmless the City of Tustin, as applicable, for any and all claims for liability or damages arising from the operation of the Outdoor Seating Area and/or Outdoor Dining Area; and,

(b)

Insurance certificates and endorsements evidencing general liability insurance, workers compensation insurance, and such other insurance, in such amounts and forms as may be required by the City of Tustin Risk Manager.

(4)

In no event shall the placement of furnishings for or the operation of the Outdoor Seating Area or Outdoor Dining Area interfere with the passage of pedestrian or vehicular traffic, or reduce access to the public sidewalk to less than four (4) feet clear of all obstructions, measured from the edge of the sidewalk closest to the curb (or lampposts, utility boxes, etc., where such exist).

(5)

In no event shall the placement of furnishings for or the operation of the Outdoor Seating Area or Outdoor Dining Area obstruct access to any bus stop, crosswalk, mailbox, curb cut, parking space or any other public property, or obstruct access to any fire hydrant, fire escape or fire door, or obstruct the clear view of any traffic signal, regulatory sign or street sign.

(6)

The restaurant owner and/or operator shall be responsible for the maintenance and upkeep of the City property, public sidewalk or other public right-of-way used for the Outdoor Seating Area or Outdoor Dining Area and the replacement of damaged public property, including brick pavers.

(7)

Furniture and furnishings used for Outdoor Seating Areas may not be attached by any means to the City property, public sidewalk or other public right-of-way. When notified by the City of Tustin to do so, the restaurant shall remove all furnishings and obstructions from the public sidewalk or right-of-way to accommodate special events or to accommodate the repair or maintenance of City property, sidewalk, or public right-of-way.

(8)

The Outdoor Dining Area shall be confined by portable/removable improvements such as landscape planters, removable fencing and/or other decorative barriers that physically separate and/or define the dining area from other open or public spaces. The enclosure shall be a minimum of three (3) feet tall, or as required by California State Department of Alcoholic Beverage Control as applicable.

(9)

Granting of a License by the City pursuant to this section f shall be subject to payment of such fees or compliance with such additional conditions as may be required by the City Council.

g)

Appeals

The appeal of any action or decision of the Community Development Director to grant, deny, revoke, or suspend approval for an Outdoor Dining Area pursuant to this Section may be made by any interested party in the same manner and subject to the same procedures as an appeal of action of the Community Development Director or Zoning Administrator pursuant to Section 9294.

(Ord. No. 1373, Sec. III, 1-19-2010; Ord. No. 1526, Sec. 2, 9-20-22)

a

Purpose

It is the policy of the City of Tustin to comply with the federal Fair Housing Amendments Act of 1988 and the California Fair Employment and Housing Act to provide individuals with disabilities reasonable accommodation in regulations and procedures to ensure equal access to housing and to facilitate the development of housing for individuals with disabilities. The purpose of this Chapter is to establish a process for individuals with disabilities to make requests for reasonable accommodation when reasonable accommodation is warranted based upon sufficient evidence.

b

Applicability; Definition of Individual with a Disability

Reasonable accommodation in the land use and zoning context means providing individuals with disabilities or developers of housing for people with disabilities, flexibility in the application of land use, zoning, and building regulations, policies, practices and procedures, or waiver of other requirements, when reasonable and necessary to eliminate barriers to housing opportunities.

An individual with a disability is defined as any of the following:

1.

A person who has a physical or mental impairment that limits one or more major life activities; or

A person who is regarded as having such impairment; or

3.

A person(s) with a record of such impairment; or

4.

A person with a "disability" as otherwise defined in the federal Americans with Disabilities Act or the California Fair Employment and Housing Act.

c

Who May Request a Reasonable Accommodation

A request for reasonable accommodation may be made by any individual with a disability, a parent or legal guardian of a minor with a disability, his or her other legally authorized representative, or a developer or provider of housing for individuals with disabilities, when the application of a land use, zoning or building regulation, policy, practice or procedure, or other requirement acts as a barrier to fair housing opportunities.

d

Requests for Reasonable Accommodation

1.

Application Process. To make housing available to an individual with a disability, any eligible person as defined in Section 9278c may request a reasonable accommodation in land use, zoning and building regulations, policies, practices and procedure by filing a completed development application form with the Community Development Department. Along with a completed development application form, the applicant shall provide the following:

(a)

Description of the requested accommodation and the reference of the specific code(s), regulation(s), policy, practice, or procedure or requirement for which accommodation is being requested; and

(b)

The basis for the claim that the applicant is considered an individual with a disability under Section 9278b, the federal Fair Housing Amendments Act of 1988, or the California Fair Employment and Housing Act; and

(c)

Reason that the requested accommodation may be necessary for the individual(s) with the disability to use and enjoy the dwelling; and

(d)

Plans and detailed information of any physical improvements to the property being proposed including photos and supporting information necessary to evaluate the requested accommodation; and

(e)

Additional information as deemed necessary by the Community Development Department to properly evaluate the proposed request and render a decision.

(Ord. No. 1536, Sec. 14, 4-16-24)

2.

Fees. At the time of application submittal, no fee shall be required pursuant to the City's current fee schedule as adopted by the City Council. (Ord. No. 1536, Sec. 15, 4-16-24)

3.

Noticing. Requests for reasonable accommodation shall be considered without a public hearing.

4.

[Deleted.] (Ord. No. 1536, Sec. 16, 4-16-24)

e

Reviewing Authority

1.

Requests for reasonable accommodation shall be considered by the Community Development Director.

2.

The Community Development Department shall accept and review each application for reasonable accommodation and within thirty (30) calendar days of receipt thereof determine whether the application is complete. If the application is determined to be complete, the Community Development Director shall issue a written decision on a request within fifteen (15) days of the completeness determination date and may either grant, grant with conditions, or deny a request for reasonable accommodation in accordance with the required findings set forth in Section 9278f. If the application is determined to be incomplete, the Community Development Department shall promptly issue a written notice of the additional information necessary to complete the application.

3.

In the event that the applicant also seeks approval of any additional entitlement(s) along with the request for reasonable accommodation, the approval body for the entire application, including the request for reasonable accommodation, shall be the same body that is required to approve the additional entitlement.

f

Required Findings and Other Requirements

1.

The decision to grant, grant with conditions, or deny a request for reasonable accommodation shall be consistent with fair housing laws and based on the following findings:

(a)

The requested accommodation is necessary to make housing available to an individual with disabilities protected under the fair housing laws;

(b)

The requested accommodation would not impose an undue financial burden on the City; (Ord. No. 1524, Sec. 58, 8- 16-22)

(c)

The requested accommodation would not require a fundamental alteration in the nature of the City's land use and zoning codes and policies; (Ord. No. 1524, Sec. 58, 8-16-22)

(d)

The requested accommodation is found to be in conformance with the General Plan in that it provides for a variety of housing types, meets the needs of all community residents commensurate with identified housing needs in the City's Regional Housing Needs Assessment and promotes fair housing opportunities for all people regardless of their special characteristics. (Ord. No. 1524, Sec. 59, 8-16-22)

(Ord. No. 1536, Sec. 17, 4-16-24)

2.

[Deleted.] (Ord. No. 1536, Sec. 18, 4-16-24)

g

Appeals

A decision of the Community Development Director shall be final unless appealed in accordance with Section 9294.

h

Time Limits

Any reasonable accommodation granted in accordance with the terms of this chapter shall be null and void if not used within one (1) year from the date of approval.

(Ord. No. 1381, Sec. II, 7-5-11)

9279 - ACCESSORY DWELLING UNITS AND JUNIOR ACCESSORY DWELLING UNITS

A.

Purpose. The purpose of this Section is to provide for the development of accessory dwelling units (ADUs) and junior accessory dwelling units (JADUs) in a manner consistent with State Law.

B.

Conforming ADUs. An ADU that conforms to this Section shall:

1.

Be deemed an accessory use or an accessory building and shall not be considered to exceed the allowable density for the lot upon which it is located;

2.

Be deemed a residential use that is consistent with the existing General Plan and zoning designation for the lot upon which it is located; and

3.

Not be considered in the application of any local ordinance, policy, or program to limit residential growth.

C.

Locations Permitted.

1.

Permitted ADU Locations. ADUs conforming to the provisions of this Section may be located on any lot in the City zoned to allow single-family and multi-family residential dwellings and that includes a proposed or existing singlefamily or multi-family dwelling.

2.

Permitted JADU Locations. JADUs conforming to the provisions of this Section may be located within a proposed or existing single-family dwelling on any lot in the City that is zoned to allow single-family residential uses.

D.

ADU Requirements.

1.

Legal Lot/Residence/Dwelling. An ADU shall only be allowed on a lot that contains a proposed or legally developed existing single-family residence or multi-family dwelling.

2.

An ADU shall be either:

(a)

Attached to, or located within, the proposed or existing primary single-family dwelling, including attached garages, storage areas or similar uses, or an accessory structure; or

(b)

Detached from the proposed or existing primary dwelling and located on the same lot as the proposed or existing primary dwelling.

3.

Number of ADU Units Per Lot.

(a)

Single-Family Lots. For lots with a proposed or existing single-family dwelling, no more than one (1) attached, converted or detached ADU shall be permitted on the lot. In cases where both a new or converted detached ADU and JADU are developed or proposed on a lot, the total floor area of the detached ADU may not exceed 850 square feet.

(b)

Multi-family Lots. For lots with an existing multi-family dwelling:

i.

Converted ADUs. One (1) or more converted ADUs may be constructed within portions of existing multi-family dwelling structures that are not used as livable space including, but not limited to, storage rooms, boiler rooms, passageways, attics, basements, or garages, if each unit complies with State building standards for dwellings. No converted ADUs may be constructed within the existing livable space of a multi-family dwelling. The number of ADUs permitted under this Subsection shall not exceed twenty-five (25) percent of the existing multiple-family dwelling units on the lot. For the purpose of calculating the number of allowable accessory dwelling units: (a) previously approved ADUs shall not count towards the existing number of multi-family dwelling units; and (b) fractions shall be rounded down to the next lower number of dwelling units, except that at least one (1) converted ADU shall be allowed; and/or

ii.

Detached ADUs. Not more than two (2) detached ADUs may be constructed on a lot with an existing or proposed multi-family dwelling.

(c)

Condominium Projects in Tustin Legacy Specific Plan (SP-1). Attached and detached single-family dwellings, twofamily dwellings, duplexes, and townhouses or townhomes within a proposed condominium project in the Tustin Legacy Specific Plan (SP-1) zoning district may have no more than one (1) ADU per dwelling provided all the following criteria are satisfied:

i.

The ADU is located within the proposed dwelling, excluding attached or detached garages, storage areas or similar uses, or an accessory structure;

ii.

The ADU is located within one-half of one mile of Tustin Metrolink commuter rail station; and

iii.

The ADU may only be rented, if at all, to lower income households for a minimum period of fifty-five (55) years guaranteed through recordation of a deed restriction against the title of the property in the County Recorder's office with a copy filed with the Director. The deed restriction shall run with the land and shall bind all future owners, heirs, successors, or assigns.

4.

Unit Size and Height.

(a)

Maximum Size.

i.

Attached ADUs. The total floor area of an attached ADU shall not exceed the following:

1.

Studio or One (1) Bedroom, (i) 850 square feet, or (ii) fifty (50) percent of the floor area of the primary dwelling unit, whichever is less; provided, however, that if the size of the primary dwelling unit is less than 1,700 square feet, an attached ADU may have a total floor area of up to 850 square feet.

Two (2) or more bedrooms, (i) 1,200 square feet, or (ii) fifty (50) percent of the floor area of the primary dwelling unit, whichever is less; provided, however, that if the size of the primary dwelling unit is less than 2,400 square feet, an attached ADU may have a total floor area of up to 1,200 square feet.

ii.

Detached ADUs. The total floor area of a detached ADU shall not exceed the following:

1.

Studio or One (1) bedroom: 850 square feet.

2.

Two (2) or more bedrooms: 1,200 square feet.

iii.

Converted ADUs. The maximum size limitations set forth in this Subsection do not apply to converted ADUs that do not increase the existing floor area of a structure. In addition, a converted ADU created within an existing accessory structure may include an expansion of not more than 150 square feet beyond the same physical dimensions as the existing accessory structure to the extent necessary to accommodate ingress and egress.

(b)

Minimum Size. The total floor area of an ADU shall be at least 150 square feet.

(c)

Height.

i.

Except as provided below, the height of a detached ADU on a lot with an existing or proposed single-family or a single-story multi-family dwelling unit shall not exceed sixteen (16) feet.

ii.

The height of a detached ADU located on a lot with an existing or proposed single-family or multi-family dwelling unit that is within one-half of one mile walking distance of a major transit stop or a high-quality transit corridor, as those terms are defined in Section 21155 of the Public Resources Code, shall not exceed eighteen (18) feet. However, an additional two (2) feet of height, for a maximum of twenty (20) feet, is allowed when necessary to align the roof pitch on the ADU to the roof pitch of the primary dwelling.

iii.

The height of a detached ADU on a lot with an existing or proposed multi-family, multi-story dwelling shall not exceed eighteen (18) feet.

iv.

The height of an attached ADU shall not exceed the height limitation of the zoning district applicable to the primary dwelling or twenty-five (25) feet, whichever is lower. In no event shall any such ADU exceed two (2) stories.

5.

Applicability of Development Standards. Except as otherwise modified by this Section or as otherwise provided by State Law, an ADU must conform to the development standards applicable to the lot on which it is located as set forth in this Article. Notwithstanding the foregoing, when the application of a development standard related to, lot coverage, open-space, front setbacks, or minimum lot size would prohibit the construction of an attached or detached ADU of at least 800 square feet, such standard shall be waived to the extent necessary to allow construction of a statewide exemption ADU of up to 800 square feet.

6.

Setbacks.

(a)

Front Yard Setbacks. Attached and detached ADUs are subject to the same minimum front yard setback requirements applicable to other structures on the lot on which the ADU is located.

(b)

Side and Rear Yard Setbacks. Minimum setbacks of no less than four (4) feet from the side and rear lot lines are required for new-attached and detached ADUs.

(c)

Converted ADUs. No setbacks are required for converted ADUs, provided the side and rear yard setbacks of the existing permitted converted structure are sufficient for fire and safety, as dictated by the current applicable uniform building and fire codes.

7.

Exterior Access. An attached or converted ADU must have independent exterior access from the proposed or existing primary dwelling.

8.

Passageway. No passageway shall be required in conjunction with the construction of an ADU. For purposes of this Subsection, "passageway" means a pathway that is unobstructed clear to the sky and extends from a street to one (1) entrance of the ADU.

9.

Porches and Patios.

(a)

An attached or detached ADU may include an attached covered patio and/or porch, which, if provided, shall be integrated into the design of the ADU and shall not exceed 200 square feet in size.

(b)

In no event shall the total combined area of an ADU and attached porch and/or patio exceed 1,400 square feet.

10.

Architectural Compatibility and Guidelines. To facilitate the development of ADUs in a manner that ensures reasonable consistency and compatibility of design, the Director is authorized to develop standard design plans and criteria for ADUs. ADUs developed in conformance with such standard plans and criteria shall be deemed to comply with this Subsection.

11.

Orientation of Detached Accessory Dwelling Structure. A detached ADU shall be located behind the front building line of the primary residence, so long as it does not prohibit the creation of a statewide exemption ADU.

E.

JADU Requirements.

1.

Footprint. A JADU may only be constructed within the walls of a proposed or existing single-family residence, including an existing attached garage.

2.

Size. A JADU shall not be less than 150 square feet and shall not exceed 500 square feet in size.

3.

Separate Entrance. A JADU located within a proposed or existing single-family residence must include a separate entrance from the main entrance of the residence.

4.

Kitchen Requirements. A JADU must include an efficiency kitchen, including a cooking facility with appliances, and a food preparation counter and storage cabinets that are of reasonable size in relation to the size of the JADU.

5.

Bathroom Facilities. A JADU may include separate sanitation facilities or may share sanitation facilities with the proposed or existing single-family residence in which it is located. If a JADU does not include separate sanitation facilities, the JADU must include an interior entrance to the primary dwelling's main living area.

6.

Fire Protection. For purposes of any fire or life protection ordinance or regulation, a JADU shall not be considered a separate new dwelling unit.

7.

Utility Service. For purposes of providing service for water, sewer, or power, including a connection fee, a JADU shall not be considered a separate or new dwelling unit.

8.

Deed Restriction. Prior to the issuance of a building permit for a JADU, the owner shall record a deed restriction against the title of the property in the County Recorder's office with a copy filed with the Director. The deed restriction shall run with the land and shall bind all future owners, heirs, successors, or assigns. The form of the deed restriction shall be provided by the City and shall provide that:

(a)

The owner of the property shall occupy either the primary residence or the JADU as his or her domicile. In the event owner occupancy of the property ceases, the JADU shall not be used as a separate dwelling unit and shall not be separately rented or leased for any purpose.

(b)

The JADU may not be sold, mortgaged, transferred separately from the primary residence; this deed restriction may be enforced against future purchasers.

(c)

A restriction on the size and attributes of the JADU that conforms with this Section.

(d)

The JADU may be rented, but may not be rented on a short-term basis of less than thirty (30) consecutive days.

(e)

The property shall include no more than one (1) JADU.

(f)

The deed restriction may not be modified or terminated without the prior written consent of the Director.

F.

Other Requirements.

1.

No Separate Conveyance. Except as otherwise provided in Government Code Section 65852.26 or by other applicable law, an ADU or JADU may be rented separate from the primary residence, but may not be sold or otherwise conveyed separate from the primary residence, and a lot shall not be subdivided in any manner which would authorize such separate sale or ownership.

2.

No Short-Term Rental Permitted. An ADU or JADU that is rented shall be rented for a term that is longer than thirty (30) days. Short-term rental (i.e., thirty (30) days or less) of an ADU or a JADU is prohibited.

3.

Owner Occupancy Requirements.

(a)

ADUs. Owner occupancy of either the primary dwelling or ADU is not required.

(b)

JADUs. The property owner of the lot upon which a JADU is located must occupy either the JADU or the primary residence as his or her domicile.

Historic Properties. An ADU or JADU shall not cause a substantial adverse change, as defined in California Public Resources Code Section 5020.1, in the significance of any real property that is listed in the California Register of Historic Places or the City of Tustin Historical Resources Survey.

(a)

Windows, Doors and Character Defining Features for Historic Properties - Converted ADU. Windows, doors and character-defining features for historic properties that are original to the structure are required to be retained, unless this requirement prevents creation of the ADU.

(b)

Separate Access. An ADU shall provide separate exterior access from the existing primary residence. Entry doors cannot be on the same faade as the entry door of the primary residence, unless this requirement prevents creation of the ADU.

(c)

Site Planning - Detached ADU (new construction ADU). A detached ADU shall be located behind the rear building line of the primary residence, and be clearly subordinate by location and size, so long as it does not prohibit the creation of a Statewide Exemption ADU.

G.

Permit Application and Review Procedures.

1.

Building Permit Required. A building permit is required prior to construction of an ADU or JADU. Except as otherwise provided in this Section or by State Law, all building, fire, and related code requirements applicable to habitable dwellings apply to ADUs and JADUs.

(a)

Fire sprinklers shall not be required if they are not required for the primary dwelling.

(b)

However, if the same primary dwelling undergoes significant remodeling and is required to have fire sprinklers, any ADU created with or after the remodel must likewise install fire sprinklers.

(c)

For ADUs created on lots with multi-family residential structures, the entire residential structure shall serve as the "primary residence" for the purposes of this analysis. Therefore, if the multi-family structure is served by fire sprinklers, fire sprinklers shall be required for the ADU.

2.

Application. Prior to the issuance of a building permit for an ADU or JADU, the applicant shall submit a building permit application to the City, along with all information and materials prescribed by such application. No application shall be accepted unless it is completed as prescribed and is accompanied by payment for all applicable fees.

3.

Review. The Director shall consider and approve or disapprove a complete application for an ADU or JADU without discretionary review or public hearing within sixty (60) days from the date the City receives a complete application, when there is an existing single-family or multi-family dwelling on the lot. Review is limited to whether the proposed ADU or JADU complies with the requirements of this Section. If an applicant requests a delay, the time period for the City to review of an application shall be tolled for the period of the requested delay. If the application to create an ADU ora JADU unit is submitted with an application to create a new single-family dwelling on the lot, the Director may delay acting on the application for the ADU or the JADU until the City acts on the application to create the new singlefamily dwelling, but the application to create the ADU or JADU will still be considered without discretionary review or a hearing.

4.

Zoning Conformity. The City shall not require, as a condition of approval of a permit application for the creation of an ADU or JADU, the correction of non-conforming zoning conditions.

5.

Demolition Permits. A demolition permit for a detached garage that is to be replaced with an ADU shall be reviewed with the application for the ADU and issued at the same time.

6.

Conformity with State Law. The City shall not apply any requirement or development standard provided for in this chapter to an ADU or a JADU to the extent prohibited by any provision of State Law, including, but not limited to, subdivision (e)(1) of Government Code Section 65852.2.

H.

Utilities.

1.

ADUs. Unless otherwise mandated by applicable law or the utility provider or determined by the City's Public Works Director to be necessary, an ADU may be served by the same water, sewer, and other utility connections serving the primary dwelling on the property, and the installation of a new or separate utility connection directly between an ADU and a utility is not required. However, separate utility connections and meters for ADUs may be installed at the property owner's option, when permitted by the utility provider, and subject to the payment of all applicable fees.

2.

JADUs. A JADU shall be served by the same water, sewer, and other utility connections serving the primary singlefamily dwelling in which it is located, and no separate utility meters shall be permitted for a JADU.

I.

Fees.

1.

No impact fee is required for an ADU measuring less than 750 square feet. Any impact fees charged for an ADU of 750 square feet of more shall be charged proportionately in relation to the square footage of the primary dwelling.

Construction of an ADU is subject to any applicable fee adopted under the California Government Code, Title 7, Division 1, Chapter 5 (commencing with § 66000) and Chapter 7 (commencing with § 66012).

3.

For purposes of this Subsection, "impact fee" does not include any planning application fee, plan check fee, or building permit fee.

J.

Interpretation. The provisions of this Section shall be interpreted to be consistent with the provisions of Government Code Sections 65852.2 and 65855.22 and shall be applied in a manner consistent with State Law.

(Ord. No. 1517, Sec. XIII, 12-7-21; Ord. No. 1535, § 4, 6-20-23)

9280 - REGULATION OF SB 9 TWO-UNIT RESIDENTIAL DEVELOPMENTS AND URBAN LOT SPLITS

A.

Purpose, Applicability, Definitions, Interpretation

1.

Purpose. The purpose of this Section is to appropriately regulate qualifying SB 9 two-unit residential developments and urban lot splits within single-family residential zones in accordance with California Government Code Sections 65852.21 and 66411.7.

2.

Applicability. The standards and limitations set forth in this Section shall apply to urban lot splits and the development and use of SB 9 two-unit residential developments within a single-family residential zone in the City, notwithstanding any other conflicting provisions of this code. In the event of a conflict between the provisions of this Section and any other provision of this code, the provisions of this Section shall prevail.

3.

Definitions. As used in this Section, the following terms shall have the following meanings:

"ADU" and "JADU" shall have the meanings ascribed to these terms in Section 9297.

"Director" means the Community Development Department Director or their designee.

"Flag Lot" means a lot, the major portion of which has access to a road or street by means of a narrow strip of land called a "staff."

"Individual property owner" means a natural person holding fee title individually or jointly in the person's own name or a beneficiary of a trust that holds fee title. "Individual property owner" does not include any corporation or corporate person of any kind (partnership, limited partnership, limited liability company, C corporation, S corporation, etc.) except for a community land trust (as defined by Revenue and Taxation Code Section 402.1(a)(11)(C)(ii)) or a qualified nonprofit corporation (as defined by Revenue and Taxation Code Section 214.15).

"New primary dwelling unit" means either a new, additional dwelling unit that is created or an existing dwelling unit that is expanded, but does not include an ADU or a JADU.

"Single-family residential zone" shall have the same meaning as in California Government Code Section 65852.21. A single-family residential zone includes the R1 (Single-Family Residential District), E4 (Residential Estate District), and

RA (Residential Agricultural) zoning districts and any property within a Specific Plan area or PC District (Planned Community District) area where a single-family dwelling is a permitted use, but a duplex, triplex, or multiple-family dwelling is not a permitted or conditionally permitted use.

"SB 9 two-unit residential development" shall mean a housing development containing no more than two primary residential units within a single-family residential zone that qualifies for ministerial review pursuant to California Government Code Section 65852.21 and this Section. A housing development contains two residential units if the development proposes no more than two (2) new units or if it proposes to add one (1) new unit to one (1) existing primary unit.

"Urban lot split" shall mean the ministerial review of a tentative parcel map and the subsequent final parcel map to subdivide one (1) lot into two (2) lots within a single-family residential zone pursuant to California Government Code Section 66411.7.

4.

Interpretation. The provisions of this Section shall be interpreted to be consistent with the provisions of California Government Code Sections 65852.21 and 66411.7 and shall be applied in a manner consistent with state law. The City shall not apply any requirement or development standard provided for in this Section to the extent prohibited by any provision of State law.

B.

Permit Application and Review Procedures

1.

Application. An applicant for an SB 9 two-unit residential development or an urban lot split shall submit an application on a form prepared by the City, along with all information and materials prescribed by such form. No application shall be accepted unless it is completed as prescribed and is accompanied by payment for all applicable fees.

2.

Review. Consistent with State law, the Director will consider and approve or disapprove a complete application for an SB 9 two-unit residential development or an urban lot split ministerially, without discretionary review or public hearing.

3.

Nonconforming Conditions. An SB 9 two-unit residential development may only be approved if all nonconforming zoning conditions are corrected. Any non-conforming conditions shall be corrected in conjunction with an application for an SB 9 two-unit residential development application. The correction of legal nonconforming zoning conditions is not a condition for ministerial approval of a parcel map for an urban lot split.

4.

Effectiveness of Approval. The ministerial approval of an SB 9 two-unit residential development or a parcel map for an urban lot split does not take effect until the City has confirmed that all required documents have been recorded.

5.

Hold Harmless. Approval of an SB 9 two-unit residential development or a parcel map for an urban lot split shall be conditioned on the applicant agreeing to defend, indemnify and hold harmless the City, its officers, agents, employees and/or consultants from all claims and damages (including attorney's fees) related to the approval and its subject matter.

6.

Specific, Adverse Impacts. Notwithstanding anything else in this Section, the Director may deny an application for an SB 9 two-unit residential development or a parcel map for an urban lot split if the building official makes a written finding, based on a preponderance of the evidence, that the project would have a specific, adverse impact, as defined and determined in paragraph (2) of subdivision (d) of California Government Code Section 65589.5, on either public health and safety or on the physical environment and for which there is no feasible method to satisfactorily mitigate or avoid the specific adverse impact.

C.

Qualifying Requirements

A proposed SB 9 two-unit residential development or urban lot split shall meet all of the following requirements in order to qualify for ministerial review pursuant to the provisions of this Section. It shall be the responsibility of the applicant to demonstrate to the reasonable satisfaction of the Director that each of these requirements is satisfied. The applicant and each owner of the property shall provide a sworn statement, in a form approved by the Director, attesting to all facts necessary to establish that each requirement is met. The City may conduct its own inquiries and investigation to ascertain the veracity of the sworn statements, including, but not limited to, interviewing prior owners and occupants of the subject property, interviewing owners and occupants of nearby properties, and reviewing tax records, and may require additional evidence necessary to support the sworn statements, as determined by the Director in their reasonable discretion.

1.

The subject property shall be located within a single-family residential zone as defined in Section 9280(A)(3).

2.

The proposed development shall not be located on any site identified in subparagraphs (B) to (K), inclusive, of paragraph (6) of subdivision (a) of California Government Code Section 65913.4, unless the development satisfies the requirements specified therein. Such sites include, but are not limited to, prime farmland, wetlands, high or very high fire hazard severity zones, special flood hazard areas, regulatory floodways, and lands identified for conservation or habitat preservation as specifically defined in Government Code Section 65913.4.

3.

The proposed development shall not be located within a historic district or on property included on the State Historic Resources Inventory, as defined in Section 5020.1 of the California Public Resources Code, or within a site that is designated or listed as a City landmark or historic property pursuant to a City ordinance and/or the City of Tustin Historical Resources Survey.

4.

The proposed development shall not require the demolition or alteration of housing that is subject to a recorded covenant, ordinance, or law that restricts rents to levels affordable to persons and families of moderate, low, or very low income.

5.

The proposed development shall not require the demolition or alteration of housing that is subject to any form of rent or price control.

The proposed development shall not require the demolition or alteration of housing that has been occupied by a tenant within the last three (3) years.

7.

If any existing or previously demolished housing unit on the lot has been occupied by a tenant in the last three (3) years, the proposed development shall not involve the demolition of more than 25 percent of the existing exterior structural walls of any housing unit on the lot.

8.

The subject property shall be owned solely by one or more individual property owners.

9.

In the case of an urban lot split, the lot proposed to be subdivided shall not have been established through a prior urban lot split.

10.

In the case of an urban lot split, the lot proposed to be subdivided ("subject lot") is not adjacent to any lot that was established through an urban lot split by the owner of the subject lot or by any person acting in concert with the owner of the subject lot.

11.

No unpermitted construction or illegal nonconforming zoning conditions shall exist on the property.

D.

Permitted Locations

A lot on which an urban lot split or SB 9 two-unit residential development is proposed shall be located within a singlefamily residential zone. A lot located within a multiple-family or mixed-use zone shall not be eligible to be subdivided through an urban lot split or developed with an SB 9 two-unit residential development pursuant to this Section.

E.

Number of Dwelling Units Permitted on a Lot

1.

Notwithstanding any other provisions of this Code, State law requires the City to permit a lot located within a singlefamily residential zone to contain two (2) primary dwelling units, provided both units are developed and maintained in compliance with the standards and requirements set forth in this Section.

2.

Provided the lot is not subdivided or created through an urban lot split, development of two (2) primary dwelling units on a lot through an SB 9 two-unit residential development in conformance with this Section does not preclude the development or maintenance of an ADU and/or JADUs on a lot to the extent permitted by Section 9279 and State law.

3.

No more than two (2) dwelling units of any kind may be constructed or maintained on a lot that results from an urban lot split, inclusive of ADUs and JADUs. For purposes of this subdivision, the two-unit limitation applies to any

combination of primary dwelling units, ADUs, and JADUs.

F.

Separate Conveyance

1.

Primary dwelling units located on the same lot may not be owned or conveyed separately from one another. All fee interest in a lot and all dwellings shall be held equally and undivided by all individual owners of the lot.

2.

Separate conveyance of the two (2) lots resulting from an urban lot split is permitted. If dwellings or other structures (such as garages) on different lots are adjacent or attached to each other, the urban lot split boundary may separate them for conveyance purposes if the structures meet building code safety standards and are sufficient to allow separate conveyance. If any attached structures span or will span the new lot line, or if the two (2) lots share a driveway pursuant to Subsection (J)(16)(b), appropriate covenants, easements or similar documentation allocating legal and financial rights and responsibilities between the owners of the two (2) lots ("CC&Rs") for construction,

reconstruction, use, maintenance, and improvement of the attached structures and any related shared drive aisles, parking areas, or other portions of the lot shall be recorded before the City will approve a final parcel map for the urban lot split. Notwithstanding the provision of such CC&Rs, however, where attached structures and/or related shared facilities span a lot line resulting from an urban lot split, all owners of both lots shall be jointly and severally responsible for the use and maintenance of such structures and/or shared facilities in compliance with all provisions of this Code.

3.

Condominium airspace divisions and common interest developments are not permitted on a lot created through an urban lot split or containing an SB 9 two-unit residential development.

G.

Residential Use Only

No non-residential use is permitted on any lot created through an urban lot split or containing an SB 9 two-unit residential development.

H.

No Short-Term Rentals Permitted

The rental of any dwelling unit on a lot created through an urban lot split or containing an SB 9 two-unit residential development shall be for a term longer than 30 consecutive days.

I.

Housing Crisis Act Replacement Housing Obligations

If the proposed development will result in the demolition of protected housing, as defined in California Government Code Section 66300, the applicant shall replace each demolished protected unit and comply with all applicable requirements imposed pursuant to subsection (d) of Government Code Section 66300.

J.

Development Standards and Design Criteria

1.

Development Standards. A qualifying SB 9 two-unit residential development and any development on a lot created through an urban lot split shall be subject to the standards and criteria set forth in this Section. In addition, except as modified or provided by this Section or State law, an SB 9 two-unit residential development and any development on a lot created through an urban lot split shall conform to all objective development standards applicable to the lot as set forth in this Section and/or in an applicable specific plan or resolution, along with all applicable objective standards and criteria contained in standard plans and specifications, policies, and/or standard conditions duly promulgated and/or adopted by City and any applicable agencies such as East Orange County Water District, Irvine Ranch Water District, and the Orange County Fire Authority.

2.

Unit Size.

a)

Minimum Size. Each new primary dwelling unit shall be at least the following minimum sizes based on the number of sleeping rooms provided:

1.

Studio or One (1) bedroom: 500 square feet.

2.

Two (2) or more bedrooms: 700 square feet.

b)

Maximum Size.

1.

The total floor area of each new primary dwelling unit developed as part of an SB 9 two-unit residential development or on a lot created through an urban lot split shall not exceed 800 square feet.

2.

A primary dwelling that was legally established on the lot prior to the submittal of a complete application for an SB 9 two-unit development or an urban lot split and has a total floor area of 800 square feet or more shall be limited to its current lawful floor area and may not be expanded.

3.

A primary dwelling that was legally established prior to the submittal of a complete application for an urban lot split or an SB 9 two-unit residential development and that is smaller than 800 square feet may be expanded to 800 square feet.

3.

Unit Height; Stories.

a)

New Primary Dwelling Unit(s). Shall comply with the height limits set forth in the respective zoning district.

b)

New garages and accessory structures, that are attached or detached, shall comply with the height limits set forth in the respective zoning district. ADU/JADU shall comply with Section 9279.

4.

Setbacks.

a)

New Primary Dwelling Units. The following minimum setbacks from the property lines shall be observed for each new primary dwelling unit and any garages and accessory structures that are attached to a new primary dwelling unit. Detached garages and accessory structures shall comply with the setbacks contained in Subsection (b). The required setbacks shall be maintained open and unobstructed from the ground to the sky, except for the permitted intrusions.

1.

Front Setback: 20 feet

2.

Interior Side Setback: 4 feet

3.

Street Side Setback: 10 feet

4.

Rear Setback: 4 feet.

b)

Detached Garages and Accessory Structures. The following minimum setbacks from the property lines shall be observed for detached garages and accessory structures on a lot.

1.

Front Setback: 20 feet

2.

Interior Side Setback: 5 feet

3.

Street Side Setback: 10 feet

4.

Rear Setback: 5 feet.

c)

Flag Lot - Additional Standards

1.

Front Yard. Shall be the side nearest the street frontage upon which the staff portion of the lot fronts.

2.

All lot size and setback requirements shall be the same as required for two-unit residential developments, and applicable sections of the underlaying zone on which the lot is located. The staff portion of the lot shall not be included to determine setbacks or in computing lot size for zoning and building purposes.

d)

Any construction occurring on a lot that abuts a street that has not been fully improved shall observe all building setbacks from the ultimate right-of-way of the street.

e)

Exceptions. The above minimum setback requirements do not apply or shall be modified in the following circumstances.

1.

No increased setback is required for an existing legally established structure or for a new primary dwelling unit that is constructed in the same dimensions as an existing legally established structure, provided that the new primary dwelling unit shall not be greater than 800 square feet.

2.

A required minimum setback may be reduced pursuant to Subsection (J)(22)(b) to the degree it would (i) physically preclude the development or maintenance of two (2) dwelling units on a lot or (ii) physically preclude any new primary dwelling unit from being 800 square feet in floor area; but in no event may any structure be less than four (4) feet from a side or rear property line.

3.

Permitted Intrusions. Permitted intrusions shall comply with provisions set forth in Subsections 9271(j) and 9271(l).

5.

Building Separation. A minimum building separation shall be maintained between all detached structures on a lot, including all residential units, garages, and accessory structures as may be required by Building Code.

6.

Lot Coverage. The maximum lot coverage shall not exceed fifty (50) percent. The lot coverage shall include all buildings and structures (primary and accessory), covered porches and patios, and covered parking areas.

7.

Maximum Front Setback Coverage. The maximum front setback coverage shall comply with the provisions set forth in Section 9267.

8.

Open Space. Each new primary dwelling unit shall provide, at a minimum, a continuous private recreation area of 225 square feet with minimum interior dimensions of ten (10) feet. The private recreation area shall be open and

unobstructed from the ground to the sky. The private recreation area may be located within the interior side, street side, or rear setback areas.

9.

Landscaping. All setback areas, and all areas not designated for walkways, parking, drive aisles, and private recreation areas, shall be fully landscaped and irrigated.

10.

Off-Street Parking.

a)

Required Parking. One (1) off-street parking space shall be provided for each new primary dwelling unit unless one (1) of the following applies:

1.

The lot is located within one-half mile walking distance of either (i) a high-quality transit corridor as defined in subdivision (b) of Section 21155 of the California Public Resources Code, or (ii) a major transit stop as defined in Section 21064.3 of the California Public Resources Code.

2.

The lot is located within one (1) block of a car-share vehicle location.

b)

Off-street parking spaces for an existing primary dwelling shall continue to be provided in accordance with the standards for the underlying zone.

c)

Required parking for new primary dwelling units may be provided within an enclosed garage or as open parking spaces on the lot, but not as tandem parking. Open parking spaces may be located within the side or rear setbacks, and in the front setback for driveways that are not shared by more than one (1) housing unit.

d)

All off-street parking space dimensions are subject to the provisions set forth in Section 9266.

11.

Unit Design Standards.

a)

If there is an existing primary dwelling that was legally established on the lot prior to the filing of a complete application for a two-unit development or an urban lot split, any new additional primary dwelling unit shall match the existing primary dwelling unit in exterior materials, color, and dominant roof pitch. The dominant roof slope is the slope shared by the largest portion of the roof.

b)

If two (2) new primary dwelling units are developed on the lot, the dwellings shall match with each other in exterior materials, color, and dominant roof pitch. The dominant roof slope is the slope shared by the largest portion of the roof.

c)

All exterior lighting shall comply with Section 9271hh.

d)

Each new primary dwelling unit shall have a main entry that is clearly defined, and to the extent possible, be oriented directly toward the street(s) in order to provide consistency with the neighborhood. The main entry shall be covered, with a minimum depth of three feet. Each covered entry shall be in proportion with the building and shall incorporate architectural features that are used in the overall building design. All doors shall have standard door locks and dead bolts.

12.

Storage Facilities.

Each new primary dwelling unit shall provide a minimum 144 cubic feet of private secure storage space. Normal closets and cupboard space located within the unit shall not count toward meeting the requirement.

13.

Laundry Facilities.

Each new primary dwelling unit shall have a laundry space located within the unit or within a garage accessible from the unit that is equipped with washer and dryer hook-ups. If the laundry facilities are located within an enclosed garage, the laundry equipment shall not encroach into the interior garage parking area.

14.

Water Heaters.

Each new primary dwelling unit shall have a separate hot water. The location of the water heater shall be incorporated into the design of each unit. No exterior water heater enclosures shall be permitted. Water heaters may be substituted with tankless water heaters provided all building codes are complied with.

15.

Mechanical Equipment, Metering Devices.

All roof and ground mounted mechanical equipment and metering devices shall be completely screened from view from either on or off the property. All ground mounted equipment and above-ground utility meters, including, but not limited to, heating, cooling, or ventilating equipment, water meters, gas meters, and irrigation equipment, shall be shown on the site plan, and, to the extent possible, be placed outside of the required front setback area. If mechanical equipment or metering devices are to be located between a structure and the property line, an unobstructed path at least three feet wide shall be provided between the equipment and the property line.

16.

Access and Circulation.

a)

Each development shall be designed to provide adequate on-site vehicular access, circulation, back-up, and turnaround areas that comply with all the applicable City standards.

b)

All units on the lot (or all units on both lots created through an urban lot split) shall share the same drive approach and driveway, unless the street frontage of the lot (or the combined street frontage of the two lots created through an urban lot split) is sufficient to allow for multiple driveways meeting the minimum dimensions specified in the Department of Public Works Standard Plans and Design Standards (latest edition).

c)

Driveways and site access shall comply with the provisions set forth in Section 9267.

d)

Adequate access to each residential unit on the lot for fire and emergency medical service personnel and vehicles shall be provided. The Orange County Fire Authority shall confirm that all applicable fire and emergency access requirements are met before the City will approve an application.

17.

Refuse Storage Areas.

All developments shall provide each unit with the appropriate number of containers for recyclables, organics, and nonrecyclable solid waste ("trash containers") as required by Article 4, Chapter 3 of the TCC and shall comply with the following:

a)

Trash containers shall be stored within designated storage areas only and not within the garage parking area.

b)

The placement of trash containers for pick-up, and the duration of time prior to and after trash collection of those trash containers, is subject to the Article 4, Chapter 3 requirements.

c)

The area required for each container shall be a minimum of 38 inches by 38 inches.

d)

The trash areas shall be paved and accessed by gates and a walkway for ease of taking trash containers to and from the street.

18.

Utilities.

a)

Each primary dwelling unit on a lot shall have its own direct utility connection to the utility/public service provider.

b)

All necessary and/or required easements for the provision of electricity, gas, water, sewer, and other utility or public service to the lot and each primary dwelling unit shall be obtained by the property owner/applicant. The City may condition approval of an application under this Section upon the applicant providing evidence that such easements have been agreed to and/or recorded.

c)

Submitted plans shall show the location and dimension of all proposed above-ground and underground utility and public service facilities serving the lot and each dwelling unit and the location and dimensions of all related easements.

19.

Building and Safety.

All structures built on the lot shall comply with all current local building standards.

20.

Drainage and Stormwater Management.

Each lot shall detain stormwater on site or treat before draining to an approved storm drain facility. The design of parkway culverts and storm drain lateral pipe connections to City-maintained storm drains within the City right-of-way shall comply with applicable City standards.

21.

Address Identification.

Each residential unit shall have a separate address and shall be provided with approved address identification that is visible from the street fronting the lot in accordance with Section R319 of the California Residential Code. Where the unit address on the building cannot be viewed from the street fronting the lot, a monument, pole, or other means consistent with City standards shall be used to identify the unit. Where required by the fire code official, address identification shall be provided in additional approved locations to facilitate emergency response.

22.

Exceptions to Objective Standards.

a)

Any objective zoning, subdivision, or design standard that would have the effect of physically precluding the construction of up to two (2) primary residential units on a lot or that would physically preclude each new unit from being 800 square feet in floor area shall be modified or waived to the extent necessary to allow the development of two (2) primary residential units on a lot pursuant to this Section that are each 800 square feet in floor area. The City prioritizes some objective development standards over others, as provided in Subsection (b) below. In applying the exceptions required by this Subsection, a proposed project shall be designed such that a development standard given a lower priority is modified or waived before a development standard given a higher priority. If a proposed project can be designed such that each lot can accommodate two (2) 800 square foot primary dwelling units by modifying or waiving a development standard with a lower priority, then an application that proposes a design requiring the modification or waiver of a development standard with a higher priority will be denied.

b)

Priority of Development Standards. The City prioritizes the following development standards in the following descending order of priority, with the first development standard listed having the highest priority:

Lot Size.

2.

Lot Width.

3.

Height; Stories.

4.

Front setback.

5.

Maximum front setback coverage (50%).

6.

Open space (225 square feet).

7.

Minimum unit size.

8.

Lot coverage (50%).

c)

This Subsection shall not be interpreted to permit the construction of new garages or accessory structures, or the maintenance of existing accessory structures not providing required parking, where the development or maintenance of two (2) 800 square foot dwelling units on the lot would not be physically precluded in the absence of such proposed or existing structures.

d)

Building standards, standards required by federal, state or local law or for sanitation or safety reasons, the off-site parking requirements in Subsection (J)(10), and the lot size, access, and frontage requirements set forth in Subsection (K) will not be waived or modified unless otherwise required by state law.

e)

As part of its application, the applicant shall provide a written explanation that (a) specifically describes every development standard the applicant seeks to modify and waive, and to what extent, (b) demonstrates why waiver or modification of each development standard is needed to prevent physically precluding the construction of up to two (2) primary residential units on the lot and/or each new unit from being at least 800 square feet in floor area, and (c) demonstrates that the requested modifications and/or waivers are consistent with the priority set forth in this Subsection.

K.

Additional Requirements for Urban Lot Splits

1.

An urban lot split shall conform to all applicable objective requirements of the Subdivision Map Act and Chapter 3 of Article 9 of the TCC, including implementing requirements in this Code, except as otherwise provided in this Section. Notwithstanding the foregoing, no dedication of rights-of-way or construction of offsite improvements is required solely for an urban lot split.

2.

Lot Size.

The parcel map for an urban lot split shall subdivide an existing lot to create no more than two (2) new lots, provided that the resulting lot shall be a minimum of 1,200 square feet. One (1) of the resulting lots shall be at least forty (40) percent of the lot area of the original lot proposed for subdivision.

3.

Easements.

a)

The owner shall enter into an easement agreement with each utility/public- service provider to establish easements that are sufficient for the provision of public services and facilities to each of the resulting lots.

b)

Each easement shall be shown on the tentative parcel map and the final parcel map.

c)

Copies of the unrecorded easement agreements shall be submitted with the application. The easement agreements shall be recorded against the property before the final parcel map may be approved.

4.

Lot Access and Width.

a)

Easements for purposes of pedestrian and/or vehicular access shall be of adequate width and depth to provide continuous and unobstructed access to the public right-of-way.

b)

No building or construction, except driveways or pedestrian pathways and landscaping, shall be allowed on the easement.

c)

Each resulting lot shall have frontage on the public right-of-way of at least twenty-five (25) feet when providing separate driveways and a minimum of twelve (12) feet when sharing a driveway for vehicular access and/or ingress/egress access, whether vehicular or for pedestrian pathways.

Improvements Required. Each resulting lot shall be developed in accordance with improvement plans processed concurrently with the parcel map application and approved by the City, showing the location and dimensions of all structures, drive aisles, parking areas, pedestrian pathways, and other improvements proposed to be constructed or to remain on each lot. Approval of a parcel map for an urban lot split shall be subject to the City's approval of such related improvement plans and all related entitlements or other approvals required by this Code. Any proposed development on one of the lots that is inconsistent with or not shown on the improvement plans approved concurrently with the urban lot split shall be subject to review and approval by the City in accordance with the applicable requirements of this Code.

6.

Required Affidavit. The applicant for a parcel map for an urban lot split shall sign an affidavit provided by the City stating that the applicant intends to occupy one (1) of the dwelling units on one (1) of the resulting lots as the applicant's principal residence for a minimum of three (3) years after the final parcel map for the urban lot split is approved.

L.

Compliance with Emergency Access and Service Requirements.

Development of a lot pursuant to this Section shall comply with provisions set forth in Section 9280(J)(16)(d).

M.

Deed Restriction

Prior to approval of a parcel map for an urban lot split and/or the issuance of a building permit for the development of an SB 9 two-unit residential development, the owner(s) of record of the property shall provide the Director a copy of a covenant agreement, declaration of restrictions, or similar deed restriction ("deed restriction") recorded against the property, which is in a form prepared by and/or acceptable to the Director, and that does each of the following:

1.

Expressly requires the rental of any dwelling unit on the property be for a term longer than thirty (30) consecutive days.

2.

Expressly prohibits any non-residential use of the lot.

3.

Expressly prohibits primary dwelling units located on the same lot from being owned or conveyed separately from one another.

4.

Expressly requires all fee interest in each lot and all dwellings to be held equally and undivided by all individual owners of the lot.

5.

Expressly prohibits condominium airspace divisions and common interest developments on the property.

States that the property was formed and/or developed pursuant to the provisions of this Section and is therefore subject to the City regulations set forth in this Section, including all applicable limits on dwelling size and development.

7.

Expressly prohibits more than two (2) dwelling units of any kind from being constructed or maintained on a lot that results from an urban lot split.

8.

States (i) that the deed restriction is for the benefit of and is enforceable by the City, (ii) that the deed restriction shall run with the land and shall bind future owners, their heirs, and successors and assigns, (iii) that lack of compliance with the deed restriction shall be good cause for legal action against the owner(s) of the property; (iv) that, if the City is required to bring legal action to enforce the deed restriction, then the City shall be entitled to its attorneys' fees and court costs; and (v) that the deed restriction may not be modified or terminated without the prior written consent of the Director.

N.

Fees

Development of lots pursuant to this Section shall be subject to all applicable fees, including development impact fees, and assessments, duly adopted by the City.

O.

Objective Standard Conditions.

The Director is authorized to promulgate objective standard conditions implementing this Section, which are consistent with this Code and State law, that shall apply to the application and development of two-unit developments and urban lot splits, and to publish such standard conditions on the City's internet website. Applicants shall comply with all standard conditions duly promulgated by the Director and published on the City's internet website.

P.

Expiration of Approval

The approval of an SB 9 two-unit residential development shall become null and void if construction is not commenced within one (1) year of the approval and diligently advanced until completion of the project. In the event construction of the project is commenced, but not diligently advanced until completion, the rights granted pursuant to the approval shall expire if the building permits for the project expire.

(Ord. No. 1523, Sec. 2, 8-16-22)

9281 - SHORT-TERM RENTALS

A.

Purpose and Intent.

The purpose of this Section is to establish that short-term rentals are prohibited uses on any property within the City's residential zones, and within any other zoning district in the City, including all underlying or base zones, overlay zones, planned communities and adopted specific plans, in which residential uses are a permitted use.

B.

Short-term Rentals and Advertisement of Short-term Rentals Prohibited

1.

No responsible party shall operate or allow the operation of a short-term rental in any residential zoning district within the City.

2.

No responsible party shall post, publish, circulate, broadcast or maintain any advertisement of a short-term rental prohibited in any residential zoning district within the City for a period of less than thirty (30) consecutive days including any advertisement for a daily or weekly rate.

C.

Public Nuisance.

Any use or condition caused, or permitted or allowed to exist, continue or remain in violation of any provision of this Section shall be, and is hereby declared to be, a public nuisance and may be summarily abated by the City pursuant to Section 1122 and California Code of Civil Procedure Section 731 or through any other remedy provided for by law.

D.

Violations; Misdemeanors and Infractions.

It shall be unlawful for any responsible party to violate any provision or to fail to comply with any of the requirements of this Section. Such a violation may be prosecuted in the name of the people of the State, redressed by civil action, or resolved by administrative remedies. Any responsible party who violates or fails to comply with any provision of this Code or any City ordinance is guilty of an infraction or a misdemeanor if the circumstances so warrant.

E.

Penalties for Violation.

The provisions of Tustin City Code Article 1, Chapter 1, Part 6, Section 1162 shall apply.

F.

Hosting Platforms Shall Not Complete Booking Transactions.

1.

Hosting platforms shall not complete any booking transaction for short-term rentals in the City.

2.

No later than thirty (30) days after any person seeks to use a hosting platform to complete a short-term rental in the City, the hosting platform shall provide the Community Development Director or designee in writing the names of and contact information for any person responsible for each such listing, the address of each such listing, the length of stay for each such listing, and the price quoted for each such stay.

3.

Hosting platforms shall not collect or receive any compensation, whether monetary or non-monetary, either directly or indirectly through an agent or intermediary, for facilitating or providing any short-term rental in the City, including, but not limited to, any ancillary service related thereto such as insurance, concierge services, catering, restaurant

bookings, tours, guide services, entertainment, cleaning, property management, or maintenance of the property or unit.

4.

A hosting platform which operates in compliance with this Section shall be presumed to be in compliance with the City's short-term rental regulations except that the hosting platform remains responsible for complying with an administrative subpoena issued by the City for the purpose of obtaining any information regarding short-term rental advertising or activity in the City.

5.

The provisions of this Section shall be interpreted in accordance with otherwise applicable state and federal law(s) and will not apply if determined by the City to be in violation of, or preempted by, any such law(s).

(Ord. No. 1574, Sec. 15, 3-17-26)

PART 8 - (NOT USED AT THIS TIME) PART 9 - ADMINISTRATION

Zoning Permit shall be issued in conjunction with and as a part of building permits, only after the Community Development Director has given written approval that any proposed use or the erection, construction, reconstruction, alteration or conversion is in conformance with the regulations for the district in which it is to be located.

No building permit shall be issued until the zoning permit portion thereof has been completed by the Community Development Director. (Ord. No. 157, Sec. 7.1)

(Ord. No. 1429, Sec. II.65, 5-21-13)

9291 - CONDITIONAL USE PERMITS

a

General

Conditional Use Permits may be issued as provided in this Section for any of the uses or purposes for which such permits are required or permitted by the terms of this Chapter upon conditions designated by the Zoning Administrator or the Planning Commission. The Zoning Administrator or the Planning Commission may impose such conditions as it deems necessary to secure the purposes of this Chapter and may require tangible guarantees or evidence that such conditions are being or will be complied with. Applications for Conditional Use Permits may be considered after holding public hearings thereon, as required by law. Notice of such hearings shall be given to the persons designated and in the manner prescribed in Section 9296b. (Ord. No. 157, Sec. 7.2)

b

Application

Application for Conditional Use Permits shall be made in writing by the owners of the property, lessee, purchaser in escrow, or optionee, with the consent of the owners, or plaintiff in an action for eminent domain for acquisition of said property, on a form prescribed by the Planning Commission. The application shall be accompanied by a fee as set forth by City Council Resolution and plans showing the details of the proposed use to be made of the land or building. (Ord. No. 451, Sec. 10)

c

Decision of the Zoning Administrator or the Planning Commission

Upon receipt of the application for Conditional Use Permit, the Zoning Administrator or Planning Commission shall determine whether or not the establishment, maintenance or operation of the use applied for will, under the circumstances of the particular case, be detrimental to the health, safety, morals, comfort and general welfare of the persons residing or working in the neighborhood of such proposed use, or whether it will be injurious or detrimental to property and improvements in the neighborhood or the general welfare of the City. If the Zoning Administrator or Planning Commission finds that the aforementioned conditions will not result from the particular use applied for, it shall grant the Conditional Use Permit. The granting of a Conditional Use Permit applied for by the plaintiff in an action in eminent domain to acquire the property shall be conditioned upon ultimate vesting of title of the property to the plaintiff. (Ord. No. 157, Sec. 7.22; Ord. No. 1536, Sec. 19, 4-16-24)

d\

Substanital Conformity

If an applicant proposes a use similar to an existing conditional use permit, the Community Development Director shall determine whether the proposed use substantially conforms to the approved use specified in the existing conditional use permit. (Ord. No. 1536, Sec. 19, 4-16-24)

(Ord. No. 1429, Sec. II.66, 5-21-13)

a

Basis for Granting

Applications for variances from the strict application of the terms of this Chapter may be made and variances granted when the following circumstances are found to apply:

(1)

That any variance granted shall be subject to such conditions as will assure that the adjustment thereby authorized shall not constitute a grant of special privilege inconsistent with the limitations upon other properties in the vicinity and district in which the subject property is situated.

(2)

That because of special circumstances applicable to subject property, including size, shape, topography, location or surroundings, the strict application of the Zoning Ordinance is found to deprive subject property of privileges enjoyed by other properties in the vicinity and under identical zone classification. (Ord. No. 157, Sec. 7.3)

b

Use Variances Not Allowed

The use of lands or buildings not in conformity with the regulations or prohibited in the specified district in which such lands or buildings are located may not be allowed by the granting of a variance from the strict application of the terms of this Chapter. (Ord. No. 157, Sec. 7.31; Ord. No. 1429, Sec. II.67, 5-21-13)

c

Application

Application for variance shall be made in writing by a property owner, lessee, purchaser in escrow, or optionee with the consent of the owners, or plaintiff in an action for eminent domain for acquisition of said property, on a form prescribed

by the Planning Commission. They shall be accompanied by a fee in an amount determined by Fee Resolution of the City Council, a plan of the details of the variance requested, and evidence showing (1) that the granting of the variance will not be contrary to the intent of this Chapter or to the public safety, health and welfare, and (2) that due to special conditions or exceptional characteristics of the property, or its location, the strict application of this Chapter would result in practical difficulties and unnecessary hardship. (Ord. No. 451, Sec. 10; Ord. No. 1524, Sec. 60, 8-16-22)

d

Hearing

Upon receipt of an application for variance and deeming the application complete, the Planning Commission shall set a date for a public hearing on said application; said hearing shall be held within forty-five (45) days after the application is deemed complete. Notice of such hearing shall be given as set forth in Section 9196b. (Ord. No. 157, Sec. 7.33; Ord. No. 1524, Sec. 61, 8-16-22)

e

Decision of the Planning Commission

After the conclusion of the public hearing or continuations thereof the Planning Commission shall grant or deny a permit to modify the application of the restrictions established by this chapter. The Commission, if the applicant for the variance consents thereto, may change or modify the extent of the variance requested but only if such change or modification constitutes a more restrictive variance than that requested by the applicant. The granting of a variance applied for by the plaintiff in an action in eminent domain to acquire the property shall be conditioned upon ultimate vesting of title of the property to the plaintiff.

variance consents thereto, may change or modify the extent of the variance requested but only if such change or modification constitutes a more restrictive variance than that requested by the applicant. The granting of a variance applied for by the plaintiff in an action in eminent domain to acquire the property shall be conditioned upon ultimate vesting of title of the property to the plaintiff.

(Ord. No. 157, Sec. 7.34)

a

Effective Date of a Permit

No Conditional Use Permit or permit granting a variance shall have any force or effect until the applicant thereof actually receives such permit designating the conditions of its issue thereon and signed by the Secretary of the Planning Commission, Zoning Administrator or the City Council. No permit shall be issued by the City until the time for filing an appeal from decisions of the Planning Commission or Zoning Administrator as provided in Section 9294 hereof has expired, or, in the event of such appeal, after the final determination thereof by the City Council.

b

Length of Permits

Any Conditional Use Permit or variance granted in accordance with the terms of this chapter shall be null and void if not used within one (1) year from the date of the approval thereof or within any longer period of time if so designated by the Zoning Administrator, Planning Commission or the City Council.

c

Revocation of Permits

Any Conditional Use Permit or variance granted in accordance with the terms of this chapter may be revoked by the City Council in the manner hereinafter set forth if any of the conditions or terms of such permits are violated or if the following findings are made:

(1)

In connection with Conditional Use Permits: The continuance of the use would be detrimental to the health, safety, morals, comfort and general welfare of the persons residing or working in the neighborhood of such use, or would be injurious or detrimental to property and improvements in the neighborhood or to the general welfare of the City.

(2)

In connection with variances: Continued relief from the strict application of the terms of this chapter would be contrary to the public interest, safety, health and welfare.

d

Hearing for Revocation of Permits

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

e

Subsequent Applications

For a period of one (1) year following the approval, denial or revocation of a discretionary land use permit, no application for the same or substantially similar discretionary permit for the same site shall be filed.

f

Modification of Conditions of Approval

No request for modifications of any condition of approval relating to any fee, exaction or dedication of real property imposed on any land use permit or approval shall be accepted after the final decision on the land use permit or approval unless accompanied by a significant change in the size or intensity of the proposed project.

(Ord. No. 1429, Sec. II.68, 5-21-13)

Prior History—Ord. No. 157, Secs. 7.5, 7.6; Ord. No. 446, Sec. 2, 3-6-95; Ord. No. 1146, Sec. 2, 3-6-95 9294 - APPEALS

a

Appeal of Decisions of the Director of Community Development or Zoning Administrator

Any decision of the Director of Community Development or the Zoning Administrator may be appealed to the Planning Commission by any person. All appeals shall be filed with the City Clerk during normal business hours within ten (10) calendar days of the date of the decision and be accompanied by a deposit or fee as required by City Council resolution or ordinance. All appeals shall be made in writing and shall specify the decision appealed from, the specific action or relief sought by the appellant in the appeal, and reasons why the action taken by the Director of Community Development or the Zoning Administrator should be modified or reversed. Timely filing of a written appeal shall automatically stay all actions and put in abeyance all approvals or permits which may have been granted; and neither the applicant nor any enforcing agency may rely upon the decision, approval, or denial or other action appealed from, until the appeal has been resolved. A public hearing date shall be set within sixty (60) calendar days of filing of the appeal for Planning Commission consideration of the matter. The hearing shall be de novo and the Planning Commission may approve, approve with conditions, or disapprove the matter in accordance with this Code or remand the matter to the Director of Community Development or the Zoning Administrator for further proceedings in accordance with directions of the Planning Commission.

b

Appeal of Planning Commission

Any decision of the Planning Commission may be appealed to the City Council by any person. All appeals shall be filed with the City Clerk during normal business hours within ten (10) calendar days of the date of the decision and accompanied by a deposit or fee as required by City Council resolution or ordinance. All appeals shall be made in writing and shall specify the decision appealed from, the specific action or relief sought by the appellant in the appeal, and the reasons why the action taken by the Planning Commission should be modified or reversed. Timely filing of a written appeal shall automatically stay all actions and put in abeyance all approvals or permits which may have been granted; and neither the applicant nor any enforcing agency may rely upon the decision, approval, or denial or other action appealed from, until the appeal has been resolved. A public hearing date shall be set within sixty (60) calendar days of filing of the appeal for City Council consideration of the matter. The hearing shall be de novo and the City Council shall approve, approve with conditions, or disapprove the matter in accordance with this Code or remand the matter to the Planning Commission for further proceedings in accordance with directions of the City Council. A decision of the City Council on such appeal shall be final.

c

Request for Hearing by a Member of the City Council

In lieu of the provisions of subsection b of this Section, any decision of the Planning Commission may be set for public hearing at the request of a member of the City Council. A Request for Hearing shall be filed with the City Clerk during normal business hours within the (10) calendar days of the date of the decision. The Request for Hearing shall be made in writing and shall specify the affected decision and the reason for the Request for a Hearing. Timely filing of a Request for Hearing shall automatically stay all actions and put in abeyance all approvals or permits which may have been granted; and neither the applicant nor any enforcing agency may rely upon the decision, approval, or denial or other action appealed from, until the hearing has been conducted and the City Council takes action on the matter. The City Clerk shall set a public hearing date within sixty (60) calendar days of filing the Request for Hearing. The hearing shall be de novo and the City Council may approve, approve with conditions, or disapprove the matter in accordance with this Code or remand the matter to the Planning Commission for further proceedings in accordance with directions of the City Council. A decision of the City Council at the conclusion of hearing pursuant to this subsection shall be final.

(Ord. No. 157, Secs. 8.1, 8.3; Ord. No. 201; Ord. No. 451, Sec. 10; Ord. No. 874, Sec. 2, 11-1-82; Ord. No.1366, Sec. 20, 11-17-09)

9295 - AMENDMENTS

a

Definition

Except as otherwise provided in this section, any amendment to this chapter may be initiated and adopted as other ordinances are amended or adopted. (Ord. No. 157, Sec. 9.1)

b

Types

Any amendment to this chapter which changes any property from one district to another district, or imposed any regulation upon property not theretofore imposed, or removes or modified any such regulation, shall be initiated and adopted as hereinafter set forth in this Section. (Ord. No. 157, Sec. 9.2)

c

Filing Procedure

Any amendment of the nature specified in Section 9295b hereof may be initiated by (1) the filing with the Planning Commission of a resolution of intention of the City Council; (2) passage of a resolution of intention by the Planning Commission, or (3) filing with the Planning Commission of a petition of one or more record owners of property which is the subject of the proposed amendment or their authorized agents. A petition for amendment shall be on a form designated therefor by the Planning Commission and shall be accompanied by a fee in an amount determined by Fee Resolution of the City Council. (Ord. No. 451, Sec. 10; Ord. No. 1524, Sec. 62, 8-16-22)

d

Public Hearing

Upon receipt of a petition or resolution of intention of amendment, the Planning Commission shall set a date for a public hearing thereon, but not later than forty-five (45) days after the receipt of said petition or resolution. (Ord. No. 157, Sec. 9.4)

e

Notices

If the proposed amendment consists of a change in the boundaries of any district, the Planning Commission shall give notice of the time and place of such hearing, and the purpose thereof, in the manner designated in Section 9296b of this Chapter. If the proposed amendment is a matter of general or city-wide scope, notice thereof shall be given as provided in Section 9296c. (Ord. No. 156, Sec. 9.5)

f

Action of Planning Commission

After the close of the public hearing or continuations thereof, the Planning Commission shall make a report of its findings and its recommendation with respect to the proposed amendment. The Commission report shall include a list of persons who testified at the hearing, a summary of the facts adduced at the hearing, the findings of the Commission, and copies of any maps or other data and/or documentary evidence submitted in connection with the proposed amendment. Copy of such report and recommendation shall be transmitted to the City Council within ninety (90) days after the first notice of hearing thereon; provided however, that such time may be extended with the consent of the City Council or the petitioner for such amendment. In the event the Planning Commission fails to report to the City Council within the aforesaid ninety (90) days or within the agreed extension of time, the amendment shall be deemed approved by the Planning Commission. The recommendations of the Planning Commission on proposed amendments shall be adopted by a majority of the voting members of said Planning Commission. (Ord. No. 157, Sec. 9.6)

g Action of City Council

Upon receipt of the recommendation of the Planning Commission or expiration of the aforesaid ninety (90) days or agreed upon extended period, the City Council shall hold a public hearing thereon, giving notice thereof as provided in Section 9296. After the conclusion of such hearing the City Council may within one (1) year adopt the proposed amendment or any part thereof set forth in the petition or resolution of intention in such form as the Council deems desirable. (Ord. No. 157, Sec. 9.7)

a

Public Hearing

Whenever this Chapter prescribes that a public hearing shall be held on the discretionary application such as, but not limited to, variance or amendments to this Chapter, notice thereof shall be given as provided in this Section. (Ord. No.

157, Sec. 10.1)

b

Notice of Hearing

Notices of the public hearings on applications for Conditional Use Permit, variance, appeals and amendments to this Chapter changing the boundaries of any district shall be given by the body conducting such hearings in the manner prescribed by Sections 65090 or 65091 and 65854 of the Government Code of the State of California. (Ord. No. 157, Sec. 10.3)

c

Notice of Hearing: Special Hearings

Notices of public hearings on matters other than as specified in Subsection "b" hereof shall be given by the body conducting such hearing by publication in a newspaper of general circulation in the City of Tustin, at least ten (10) days before the hearing. (Ord. No. 157, Sec. 10.3)

d

Notice of Hearing: Failure to Post Notices

Failure to mail or post notices as specified in Subsection "b" hereof shall not invalidate any proceedings. (Ord. No. 157, Sec. 10.4)

e

Notice of Hearing: Filing of Affidavit

Upon completion of the posting or mailing of the notices provided for in Subsection "b" and publication of notices as provided in Subsections "b" and "c" hereof, the City Clerk, if the hearing is held by the Planning Commission, or if the hearing is held by the City Council shall cause an affidavit of such mailing or publication to be filed in the permanent records of the particular proceedings to which such notices pertain. (Ord. No. 157, Sec. 10.5)

(Ord. No. 1429, Sec. II.69, 5-21-13)

"Accessory Dwelling Unit" or "ADU" means an Attached or a Detached residential dwelling unit that provides complete independent living facilities for one (1) or more persons and is located on a lot with a proposed or existing primary residence. It shall include permanent provisions for living, sleeping, eating, cooking, and sanitation on the same parcel as the single-family or multi-family dwelling is or will be situated. An ADU includes an "Efficiency Unit" and "Manufactured Home" as defined by the Health and Safety Code. (Ord. No. 1479, Sec. 13, 4-4-17; Ord. No. 1517, Sec. XII, 12-7-21)

"Administrative Office" means an office for the rendering of service or general administration, but excluding retail sales. (Ord. No. 157, Sec. 11.1)

"ADU, Attached" or "Attached ADU" means an ADU, other than a Converted ADU, that is physically attached to a primary dwelling. (Ord. No. 1517, Sec. XII, 12-7-21)

"ADU, Converted" or "Converted ADU" means an ADU that is constructed within all or a portion of the permitted existing interior space of an accessory structure or within a portion of the permitted existing interior space of a dwelling, including bedrooms, attached or detached garages, storage areas, or similar uses. A Converted ADU also includes an ADU that is constructed in the same location and to the same dimensions as a permitted existing structure or portion of a permitted existing structure. (Ord. No. 1517, Sec. XII, 12-7-21; Ord. No. 1535, Sec. 6, 6-6-23)

"ADU, Junior", "Junior Accessory Dwelling Unit" or "JADU" means a unit that is no more than 500 square feet in size and contained entirely within the walls of a proposed or existing single-family residence, including attached garages. A JADU may include separate sanitation facilities or may share sanitation facilities with the single-family residence. (Ord. No. 1517, Sec. XII, 12-7-21)

"ADU, Statewide Exemption" or "Statewide Exemption ADU" means an ADU up to 800 square feet, 16 feet in height, and with four-foot side and rear setbacks. (Ord. No. 1535, Sec. 6, 6-6-23)

"ADU Detached" or "Detached ADU" means an ADU, other than a Converted ADU, that is physically separated from, but located on the same lot as, a primary dwelling structure. (Ord. No. 1517, Sec. XII, 12-7-21)

"Adult Bookstore" shall mean an establishment having as a substantial or significant portion of its stock in trade, material which is distinguished or characterized by its emphasis on matter depicting, describing, or related to specified sexual activity or specified anatomical areas, or an establishment with a segment or section thereof devoted to the sale or display of such material. (Ord. No. 819, Sec. 1, 2-19-80)

all mean an establishment having as a substantial or significant portion of its stock in trade, material which is distinguished or characterized by its emphasis on matter depicting, describing, or related to specified sexual activity or specified anatomical areas, or an establishment with a segment or section thereof devoted to the sale or display of such material. (Ord. No. 819, Sec. 1, 2-19-80)

"Adult Business" shall mean any business which is conducted exclusively for the patronage of adults, and as to which minors are specifically excluded from patronage thereat, either by law or by the operators of such business. "Adult Business" shall also mean and include adult bookstores, adult theaters, topless dancing, stripping, figure modeling studios, adult motels or hotels, but shall not include those uses or activities the regulation of which are preempted by state law. (Ord. No. 819, Sec. 1, 2-19-80; Ord. No. 1462, Sec. VII, 11-3-15)

"Adult Hotel/Motel" shall mean a hotel or motel which provides, through closed circuit television, or other media, material which is distinguished or characterized by the emphasis on matter depicting or describing or related to specified sexual activities or specified anatomical areas. (Ord. No. 819, Sec. 1, 2-19-80)

"Adult Park" means any mobile home or travel trailer park the spaces of which are rented or leased only to persons having no children under the age of fifteen (15). (Ord. No. 329, Sec. 2)

"Adult Theater" shall mean a theater which presents live entertainment or motion pictures or videotaped presentations or slide photographs, which are distinguished or characterized by their emphasis on matter depicting, describing, or related to specified sexual activity or specified anatomical areas. (Ord. No. 819, Sec. 1, 2-19-80)

"Advertisement" means any announcement, whether in a magazine, newspaper, handbill, notice, display, billboard, poster, email, internet website, platform or application, any form of television or radio broadcast or any other form of communication, whose primary purpose is to propose a transaction. (Ord. No. 1574, Sec. 16, 3-17-26)

"Alcoholic Beverage Sales Establishment" means any establishment where an alcoholic beverage is sold, including, but not limited to, liquor stores, bars, lounges, restaurants, markets, mini-marts, gas stations, drive-in dairies, bakeries and florists. (Ord. No. 920, Sec. 6, 11-19-84)

"Alley" means a public or private way less than thirty (30) feet in width which affords a secondary means of access to abutting property. (Ord. No. 157, Sec. 11.2)

"Alteration means any exterior change or modification requiring a building permit of any Designated Cultural Resource or of any property located within a Cultural Resource District. (Ord. No. 1001, Sec. 3, 6-20-88)

"Apartment" means any building or portion thereof which is designed and built for occupancy of three (3) or more families. (Ord. No. 157. Sec. 11.3)

"Beverage" means beer and other malt beverages, carbonated mineral and soda waters, and similar carbonated soft drinks in liquid form which are intended for human consumption. (Ord. No. 993, Sec. 1, 9-8-87)

"Beverage container" means the individual, separate bottle, can, jar, carton, or other receptacle, however denominated, in which a beverage is sold, and which is constructed of metal, glass, or plastic, or other material, or any combination of these materials. "Beverage container" does not include cups or other similar open or loosely sealed receptacles. (Ord. No. 993, Sec. 1, 9-9-87)

"Block" means all property fronting upon one side of a street between intersecting and intercepting streets, or between a street and a railroad right-of-way, waterway, dead end street or city boundary. An intercepting street shall determine only the boundary of the block on the side of a street which it intercepts. (Ord. No. 157, Sec. 11.5)

"Boarding House" means a dwelling other than a hotel or motel, where lodging and/or meals for three (3) or more persons is provided for compensation. (Ord. No. 157, Sec. 11.6; Ord. No. 1225, Sec. IV, 1-17-00)

"Building" means any structure having a roof supported by columns or by walls and designed for the shelter or housing of any person, animal or chattel. (Ord. No. 157, Sec. 11.7)

"Building, Accessory" means a subordinate structure or building including shelters, pools, or garages, the use of which is incidental to that of the main building on the same lot and/or building site. (Ord. No. 157, Sec. 11.8; Ord. No. 1524, Sec. 64, 8-16-22)

"Building, Main" means a building in which is conducted the principal use of the lot and/or building site on which it is situated. (Ord. No. 156, Sec. 11.9)

"Building Setback Line" means a line established to denote the minimum distance a building may be constructed from a property line or right-of-way line. (Ord. No. 353, Sec. 4)

"Building Site" means a lot or parcel of land, in single or joint ownership, and occupied or to be occupied by a main building and accessory buildings, or by a dwelling group and its accessory building, together with such open spaces as are required by the terms of this Chapter and having its principal frontage on a street, road, highway or waterway. (Ord. No. 157. Sec. 11.10)

"Business, Retail" means any establishment where the retail sale of any article, substance, or commodity, but not including the sale of lumber or other building materials, or the sale of used or secondhand goods or materials of any kind. (Ord. No. 157, Sec. 11.11)

"Business, Wholesale" means the wholesale handling of any article, substance or commodity, but not including the handling of lumber or other building materials or the open storage or sale of any material or commodity, and not including the processing or manufacture of any product or substance. (Ord. No. 157, Sec. 11.12)

"Cannabis Business" means any person, association, business, facility, use, establishment, location, delivery service, cooperative, collective, or provider, whether fixed or mobile, that possesses, cultivates, processes, distributes, makes available or otherwise facilitates the distribution of cannabis (in any form or incorporated into any other product), whether for recreational or medicinal use, to any person, including, but not limited to, a qualified patient, a person with an identification card, or a primary caregiver as those terms are defined in California Health and Safety Code Sections 11362.5 and 11362.7 et seq., as may be amended from time to time.

"Cannabis Business" shall not include the following:

(1)

An individual aged twenty-one (21) years or older who:

(a)

Possesses, processes, transports, purchases, obtains or gives away to adults aged twenty-one (21) years or older without compensation whatsoever, recreational marijuana; or

(b)

Possesses, plants, cultivates, harvests, dries, or purchases six (6) or fewer living marijuana plants or who possesses the marijuana produced by those plants, provided that such activity is conducted within the person's "private residence", as that phrase is defined by California Health and Safety Code Section 11362.2(b)(5), or upon the grounds of that private residence, provided that such activities are conducted within a fully enclosed, locked space, and are not visible by normal unaided vision from a public place.

(2)

A business entity licensed pursuant to, and acting in compliance with, California Business and Professions Code Section 26000 et seq. and California Code of Regulations Sections 15400 et seq., which engages in the retail sale by delivery of medicinal cannabis to medicinal cannabis patients to a location within the City, provided that the following conditions are met:

(a)

The method of delivery is in full compliance with the provisions of California Business and Professions Code Section 26090 et seq. and California Code of Regulations Sections 15400 et seq. (as may be amended from time to time);

(b)

The delivery is made to a building on a residential property with an existing physical address. For purposes of this section, a "residential property" is limited to the following: any dwelling unit, including single-family, multi-family, and accessory dwelling units, apartment, condominium, duplex, hotel, motel, mobile home, rest home, or townhouse or townhome as those terms are defined by this Section 9297;

(c)

The delivery is not made to any of the following, regardless of whether the location is a "residential property" as described in subsection (b) of this section:

1.

Any address located on publicly owned land or any address on land or in a building leased by any public agency, as that phrase is defined by California Government Code Section 6500; or

2.

Any school providing instruction in kindergarten or any grades 1 through 12, day care center, or youth center, whether such institution or entity is public or private.

3.

Any public or private park. For purposes of this section, "public or private park" shall mean any park operated by the City or any park situated on privately owned property within the City that is generally open for public use and shall include all sidewalks or other public rights-of-way which are located immediately adjacent to any public or private park. A park shall be deemed generally open for public use if it is open to any person(s) other than the owner of the privately owned property upon which the park is situated, including, but not limited to, tenants, guests, or customers.

(d)

The delivery must originate from an entity licensed pursuant to, and acting in compliance with, California Business and Professions Code Section 26000 et seq. which is not located within the City of Tustin.

For purposes of this section the terms "medicinal cannabis" and "medicinal cannabis patients" shall have the same meanings as those terms are defined in California Business and Professions Code Section 26321(b). (Ord. No. 1540, Sec. 7, 3-5-24)

"Carport" means a permanent, roofed structure, used for automobile shelter and automobile storage. (Ord. No. 1555, Sec. 4, 3-4-25)

"Certificate of Appropriateness" means an approved certificate issued for the construction, demolition, alteration, removal, or relocation of any publicly or privately owned Designated Cultural Resource, or any structure, natural feature, or site within a Cultural Resource District. (Ord. No. 1001, Sec. 3, 6-20-88)

"Combining District" means any district in which the general district regulations are combined with those special districts defined in Section 9213 for the purpose of adding additional special regulations. (Ord. No. 157, Sec. 11.13)

"Committee" means the Historic Resource Committee. (Ord. No. 1001, Sec. 3, 6-20-88; Ord. No. 1301, Sec. VII, 9-1905)

"Community Development Director" means the Director of the Community Development Department or designee. (Ord. No. 1301, Sec. VIII, 9-19-05)

"Condominium Project" shall have the same meaning as stated in California Civil Code Section 4125 as that section may be amended from time to time. (Ord. No. 1535, Sec. 6, 6-6-23)

"Consumer" means every person who, for his or her use or consumption, purchases a beverage in a beverage container from a dealer. "Consumer" includes, but is not limited to, a lodging, eating, or drinking establishment, and soft drink vending machines. (Ord. No. 993, Sec. 1, 9-8-87)

"Convenience Store" means any establishment under fifteen thousand (15,000) square feet in size where food, beverage, magazine and auto related items, or any combination thereof, are sold for off-site use and/or consumption. (Ord. No. 981, Sec. 11, 5-4-87)

"Convenience Zone" means the area within a ½ mile radius of a "Supermarket", defined as meeting the following definitions based on CAL. PRC. CODE § 14526.5:

• Identified in the Progressive Grocer Marketing Guidebook.

• Gross annual sales of $2 million or more.

• A "full-line" store that sells a line of dry groceries, canned goods, or non-food items and perishable items.

(Ord. No. 1429, Sec. II.70, 5-21-13)

"Cultural Resource District" means any area containing improvements which have a special character, historical interest or aesthetic value or which represent one (1) or more architectural periods or styles typical to the history of the City, and which improvements constitute a distinct section of the City that has been designated a Cultural Resource District pursuant to Section 9252 of the Zoning Code. (Ord. No. 1001, Sec. 3, 6-20-88)

"Day Care Center" - pursuant to California Health and Safety Code defined as any child day care facility other than a family day care home, and includes infant centers, preschools, extended day care facilities, and school age child care centers. (Ord. No. 1367, Sec. II, 4-6-10)

"Delicatessen" means a small market or deli selling ready-to-eat foods, including, but not limited to, cold cooked meats, sandwiches, and salads. (Ord. No. 1429, Sec. II.70, 5-21-13)

"Demolition" means to tear down or demolish. (Ord. No. 1001, Sec. 3, 6-20-88)

"Designated Cultural Resource" means improvements, buildings, structure, signs, features, sites, places, areas or other objects of scientific, aesthetic, educational, cultural, architectural, or historical significance to the residents of the City that has been designated a Cultural Resource by the City Council. (Ord. No. 1001, Sec. 3, 6-20-88)

"Designated Site (Cultural Resource Site)" means a parcel or part thereof on which a cultural resource is situated, and which has been designated a cultural resource site by the City Council. (Ord. No. 1001, Sec. 3, 6-20-88)

"District" means a portion of the City within which certain uses of land and buildings are permitted or prohibited and within which certain yards and other open spaces are required and certain height limits are established for buildings, all as set forth and specified in this Chapter. (Ord. No. 157, Sec. 11.14)

"Driveway" means a paved area of a lot located between the public right-of-way and the garage, carport, or required parking space designed and intended as an access way between a private or public road and the garage, carport, or required parking space. (Ord. No. 1240, Sec. 2, 8-6-01)

"Dwelling" means a building or portion thereof designed for residential use. (Ord. No. 157, Sec. 11.15; Ord. No. 1225, Sec. IV, 1-17-00; Ord. No. 1429, Sec. II.70, 5-21-13)

"Dwelling, Single-Family" means a building designed for, or used to house not more than one (1) family, including all necessary employees of such family. (Ord. No. 157, Sec. 11. 16)

"Dwelling, Two-Family" or "Duplex" means a building containing not more than two (2) kitchens, designed and/or used to house not more than two (2) families, living independently of each other, including all necessary employees of each such family. (Ord. No. 157, Sec. 11.17)

"Dwelling, Multiple" means a building, or portion thereof, used and designed as a residence for three (3) or more families living independently of each other and doing their own cooking in said building, including apartment houses, apartment hotels and flats, but not including motels, boardinghouses, and hotels. (Ord. No. 157, Sec. 11.18)

"Dwelling Groups" means a group of two (2) or more detached one-family, two-family, or multiple dwellings occupying a parcel of land in one (1) ownership and having any yard or court in common, but not including automobile courts. (Ord. No. 175, Sec. 9)

"Exterior Architectural Feature" means the architectural elements embodying style, design, general arrangement and components of all of the outer surfaces of an improvement, including, but not limited to, the kind, color and texture of the building materials and the type and style of all windows, doors, lights, signs and other fixtures appurtenant to such improvement. (Ord. No. 1001, Sec. 3, 6-20-88)

"Family" means an individual or two (2) or more persons living together as a single housekeeping unit in a dwelling unit. (Ord. No. 157, Sec. 11. 20; Ord. No. 1225, Sec. IV, 1-17-00)

"Family Park" means any mobile home or travel trailer park, the spaces of which are rented or leased without restriction upon the ages of the children or occupants. (Ord. No. 329, Sec. 2)

"Fence" means any structural device forming a physical barrier by means of hedge, wood, mesh, metal, chain, brick, stake, plastic or other similar materials. (Ord. No. 157, Sec. 11.21)

"Figure Modeling Studio" shall mean any establishment in which models pose while exposing specified anatomical areas. (Ord. No. 819, Sec. 1, 2-19-80)

"Frontage" or "Fronting" means the portion of a parcel which abuts a street right-of-way. (Ord. No. 1429, Sec. II.70, 5- 21-13)

"Garage, Private" means a detached, accessory building, or a portion of a main building on the same lot as a dwelling, used primarily for the housing of vehicles of the occupant of the dwelling, having a roof, and enclosed on at least three (3) sides, with the fourth side being a lockable door, with not less than ten feet by twenty feet (10' × 20') clear and unobstructed inside dimensions, and which shall be permanently maintained as a parking accommodation. (Ord. No. 733, Sec. 7)

"General Office" means an office for the conduct of any of the following uses or uses determined by the Community Development Director and/or the Planning Commission to be similar: accountants, advertising agency, contractors and building consultants, drafting, economic consultant, escrow, insurance, public utility office (not including corporate yards), real estate offices. (Ord. No. 1367, Sec. II, 4-6-10)

"Guesthouse" means detached living quarters of a permanent type of construction and without kitchens or cooking facilities and where no compensation in any form is received or paid. (Ord. No. 157, Sec. 11.23)

"Guest Quarters" means an attached or detached building or room that provides living quarters for guests and (a) contains no kitchen or cooking facilities; (b) is clearly subordinate and incidental to the principal residence on the same building site; and (c) is not rented or leased, whether compensation is direct or indirect. (Ord. No. 1429, Sec. II.70, 5- 21-13)

"Height of Building" means the vertical distance from the average level of the highest and lowest point of that portion of the lot covered by the building to the topmost point of the roof. (Ord. No. 157, Sec. 11.25)

"Historic Context Statement" means an in depth narrative account of the city's development history as reflected by its built environment as described in the City's Historic Resources Survey. (Ord. No. 1524, Sec. 63, 8-16-22)

"Historic Resources Survey" means the citywide historical resources survey update report and any subsequent updates. (Ord. No. 1524, Sec. 63, 8-16-22)

"Home Occupation" means an occupation carried on wholly within a dwelling by an occupant of the dwelling, as a secondary use. (Ord. No. 330, Sec. 2B; Ord. No. 1429, Sec. II.70, 5-21-13)

"Hosting Platform" means any person, corporation or entity of any kind who participates in the short-term rental business by advertising or collecting or receiving a fee, directly or indirectly through an agent or intermediary, for conducting short-term rental activity in the City of any nature. (Ord. No. 1574, Sec. 17, 3-17-26)

"Hotel"—See Motel. (Ord. No. 157, Sec. 11.26)

"Improvement" means any building, structure, parking facility, fence, gate, wall, landscaping requiring a building permit constituting a physical betterment of real property, or any part of such betterment. (Ord. No. 1001, Sec. 3, 6-20-88)

Instructional Studios" means an establishment that offers services with the purpose of teaching and practicing a particular skill or subject. These studios involve one-on-one or small group instruction, covering a range of subjects including, but not limited to, sports and recreation (such as cheerleading, gymnastics, and martial arts) and fine arts (such as music, dance, drama, photography, ceramics, painting, and sculpture). (Ord. No. 1536, Sec. 20, 4-16-24)

"Junk Yard" means more than one hundred (100) square feet of the area of any lot used for the storage of junk, including scrap metals, salvage or other scrap materials, or for the dismantling or "wrecking" of automobiles or other vehicles or machinery, whether for sale or storage. (Ord. No. 157, Sec. 11.27)

"Kennel" means any lot or premises on which more than three (3) dogs, cats or similar small animals, more than three (3) months of age are kept, boarded, or trained, whether in special buildings or not. (Ord. No. 352, Sec. 1)

"Large Family Day Care Home" pursuant to California Health and Safety Code definition. (Ord. No. 911, Sec. 7, 5-2184; Ord. No. 1367, Sec. II, 4-6-10; Ord. No. 1524, Sec. 63, 8-16-22)

"Legal Nonconforming" shall mean a use or structure, whenever established, that was lawfully established and continuously used or occupied under previous regulations, standards, and/or requirements but that does not meet existing zoning codes, regulations, and/or standards. (Ord. No. 1397, Sec. 8, 11-15-11)

"Lot"—See Building Site. (Ord. No. 157, Sec. 11.28)

"Lot Coverage" or "Building Site Coverage" the percentage of the building site area that is covered by the area within the perimeter of all structures located on the building site area. Covered area shall include all areas under roof, but not include roof overhangs, open trellis and covered porches, Swimming pools and spas are not considered in calculating structural site coverage. (Ord. No. 1429, Sec. II.70, 5-21-13)

"Lot Front" means the narrowest dimension of a lot fronting on a street. (Ord. No. 157, Sec. 11.29)

"Lot Line" means a line separating the frontage from a street; the side from a street or adjoining property; the rear from an alley or street, or adjoining property. (Ord. No. 157, Sec. 11.31)

"Lot, Through" means a lot having frontage on two (2) parallel or approximately parallel streets. (Ord. No. 157, Sec. 11.32)

"Lot Side" means any lot boundary not a front or rear lot line. (Ord. No. 157, Sec. 11.30)

"Lot Types" means types of lots that include the following (See Figure 5-3), Lot Types:

1.

Corner lot. A lot located at the intersection of two or more streets where they intersect at an interior angle of not more than 135 degrees. If the intersection angle is more than 135 degrees, the lot is considered an interior lot.

2.

Double-frontage lot. A "through" lot with frontage on two generally parallel streets.

3.

Flag lot. A lot having access to a public street by means of private right-of-way strip that must be owned in fee.

4.

Interior lot. A lot abutting only one street.

5.

Reverse corner lot. A corner lot in which the corner lot line is substantially a continuation of the front property line of the first lot to its rear.

==> picture [238 x 196] intentionally omitted <==

(Ord. No. 1429, Sec. II.70, 5-21-13)

"Material" relative to adult businesses shall mean and include, but not be limited to, accessories, books, magazines, photographs, prints, drawings, paintings, motion pictures, videotapes, and pamphlets, or any combination thereof. (Ord. No. 819, Sec. 1, 2-19-80)

"Massage Establishment" shall be defined as set forth in Section 3662 of the Tustin City Code. (Ord. No. 1367, Sec. II, 4-6-10; Ord. No. 1380, Sec. VI, 6-15-10; Ord. No. 1462, Sec. VIII, 11-3-15)

"Micro-winery" means an establishment that, includes beverage production of wine and may include a tasting facility and sale of wine produced by the owner of the establishment. The establishment shall not include the sale of alcoholic beverages for on-site consumption with the exception of sampling the product within the tasting facility. Wineries shall provide ancillary food service in combination with its primary use. (Ord. No. 1429, Sec. II.70, 5-21-13)

"Mobile Home" means a vehicle, other than a motor vehicle, designed for human habitation, for carrying persons and property on its own structure, for being drawn by a motor vehicle. (Ord. No. 329, Sec. 2)

"Mobile Home Park" means any area or tract of land where one (1) or more mobile home lots are rented or leased or held out for rent or lease to accommodate mobile homes used for human habitation. The rental paid for any such mobile home shall be deemed to include rental for the lot it occupies. (Ord. No. 329, Sec. 2)

"Mobile Recycling Unit" means an automobile, truck, trailer or van, licensed by the Department of Motor Vehicles, which is used for the collection of recyclable materials. A Mobile Recycling Center also means the bins, boxes or containers transported by trucks, vans, or trailers, and used for the collection of recyclable materials. (Ord. No. 993, Sec. 1, 9-8-87)

"Motel" or "Hotel" means a single building or group of detached buildings, containing guest rooms or apartments, with automobile storage space provided on the site for such rooms or apartments provided in connection therewith, which group is designed and used primarily for the accommodation of transient automobile travelers. (Ord. No. 157, Sec. 11.4)

"Multiple Family Dwelling" for the purposes of ADU development, a structure with two (2) or more attached dwellings on a single lot is considered a multi-family dwelling structure. Multiple detached single-unit dwellings on the same lot are not considered multi-family dwellings. (Ord. No. 1517, Sec. XII, 12-7-21)

"Nonconforming Use" means a use that does not conform to the regulations for the district in which it is situated. (Ord. No. 157, Sec. 11.33)

"Official Plan Line" means a line established to denote the ultimate right-of-way of a street. (Ord. No. 353, Sec. 5)

"Parking Space" means accessible and usable space on a building site, at least nine feet by twenty feet (9' × 20') for open parking and ten feet by twenty feet (10' × 20') clear and unobstructed inside dimensions for covered parking, located off the street and for the parking of automobiles. Not less than two (2) parking spaces per dwelling unit shall be provided and permanently maintained as parking accommodation, one of which must be covered. Parking not otherwise required to be in a garage or carport must be located on a paved area on the same lot or parcel of land or contiguous thereto. (Ord. No. 733, Sec. 8)

"Paved Area" means an area of any required yard which is constructed with impervious materials which either results in an increase in the amount of storm water run-off into public storm drainage facilities or hinders natural percolation of storm water on the subject property. (Ord. No. 1240, Sec. 2, 8-6-01)

"Person" includes any individual, city, county, or city and county; partnerships, corporations, cooperatives, association, trust or any other legal entities, including the Federal Government. (Ord. No. 157, Sec. 11.35)

"Places of Worship" means a structure or portion of a structure that is used for the gathering of people for the purpose of performing acts of religious study, honor or devotion. (Ord. No. 1429, Sec. II.70, 5-21-13)

"Portable Vending Device" means any stand, enclosure, booth, kiosk, instrument or mechanism intended to be temporarily used to display, distribute or sell food, beverage, product to the public. (Ord. No. 1123, Sec. 2, 6-6-94)

"Processor" means any person, including a scrap dealer, certified by the State Department of Conservation who purchases empty aluminum beverage containers, nonaluminum metal beverage containers, glass beverage containers, plastic beverage containers, or any other beverage containers, including any one (1) or more of those beverage containers, which have a redemption value established pursuant to this division, from recycling center in this state for recycling or, if the container is not recyclable, not for recycling, and who cancels, or who certifies to the department in a form prescribed by the Department of Conservation of, the redemption value and redemption bonus of these empty beverage containers by processing empty beverage containers, in any manner which the department may prescribe. However, the department shall not take any action regulating scrap dealers or recycling centers who are processors or recycling centers unless authorized by and pursuant to the goals of this division. (Ord. No. 993, Sec. 1, 9-8-87)

"Professional, instructional, motivational and/or seminar schools" means an educational institution or establishment that provides practical training and instruction for specific careers or trades, within fields such as healthcare, technology, or skilled trades. (Ord. No. 1536, Sec. 20, 4-16-24)

"Professional Office" means an office for the conduct of any of the following uses or uses determined by the Community Development Director and/or the Planning Commission to be similar: architect, attorney, chiropractor, dentist, designer, doctor, draftsman, engineer, land planner, ophthalmologist or optometrist, podiatrist, surveyor, physician, surgeon, or any others licensed by the State of California to practice the healing arts, including clinics for out-patients only. (Ord. No. 157, Sec. 11.36; Ord. No. 1367, Sec. II, 4-6-10)

"Public Transit" for the purposes of ADU development, means a location, including, but not limited to, a bus stop or train station, where the public may access buses, trains, subways, and other forms of transportation that charge set fares, run on fixed routes, and are available to the public. (Ord. No. 1478, Sec. 13, 4-4-17; Ord. No. 1517, Sec. XII, 127-21)

"Pushcart" means any wagon, cart, or similar wheeled container, which is not a "vehicle", as defined in the Vehicle Code of the State of California, from which food, beverage, or product is displayed, distributed or offered for sale to the public. (Ord. No. 1123, Sec. 2, 6-6-94)

"Pushcart or Portable Vending Device Operator" means any person, firm, partnership, association, corporation, stockholder, including, but not limited to, owners, operators, lessors and lessees, who operate a pushcart or portable

vending device for the purpose of vending food, beverage, or product therefrom. (Ord. No. 1123, Sec. 2, 6-6-94)

"Pushcart or Portable Vending Device Owner" means any person as defined herein owning or controlling one (1) or more pushcarts and who:

(1)

Conducts or permits or causes the operation of such pushcart(s) or portable vending device(s) for vending food, beverage or product;

(2)

Owns, operates, controls, manages, or leases such pushcart(s) or portable vending device(s); or

(3)

Contracts with persons to vend food, beverage or product from such pushcart(s) or portable vending device(s). (Ord. No. 1123, Sec. 2, 6-6-94)

"Recyclable Material" is reusable material, including but not limited to metals, glass, plastic and paper, which are intended for reuse, remanufacture, or reconstitution for the purpose of using the altered form. Recyclable material does not include refuse or hazardous materials. Recyclable material may include used motor oil collected and transported in accordance with Sections 25250.11 and 25143.2(b)(4) of the California Health and Safety Code and Orange County Fire and Health Departments. (Ord. No. 993, Sec. 1, 9-8-87)

"Recycle," "Recycled," "Recycling" or "Recyclable" means the reuse or refilling of empty beverage containers or the process of sorting, cleansing, treating, and reconstituting empty postfilled beverage containers for the purpose of using the altered form. "Recycle," "recycled," "recycling" "recyclable," does not include merely sorting, shredding, stripping, compressing, storing, landfilling with, or disposing of an empty beverage container. (Ord. No. 993, Sec. 1, 9- 8-87)

"Recycling Center" is a center for the collection of recyclable materials. (See Section 9271bb for recycling center regulations and classifications). (Ord. No. 1429, Sec. II.70, 5-21-13)

"Recycling Facility" is a center for the collection of recyclable materials. A recycling facility does not include storage containers or processing activity located on the premises of a residential, commercial, or manufacturing use and used solely for the recycling of material generated by that residential property, business or manufacturer. Recycling facilities include the following:

A "Certified Recycling Facility" means a recycling facility certified by the California Department of Conservation as meeting the requirements of the California Beverage Container Recycling and Litter Reduction Act of 1986.

A "Collection Facility" is a center for the acceptance, by donation, redemption, or purchase, of recyclable materials from the public. Such a facility does not use power-driven processing equipment except as indicated in Section 4 Criteria and Standards. Collection Facilities may include the following:

1.

Reverse Vending Machines which occupy an area of not more than fifty (50) square feet.

2.

Bulk reverse vending machines occupying no more than five hundred (500) square feet.

Large collection facilities which occupy a permanent building or store front. (Ord. No. 993, Sec. 1, 9-8-87)

"Redemption" and "Redeem" means the return to a recycling center of an empty beverage container for a refund of at least the redemption value and any applicable redemption bonus.

"Residential Zoning District" shall mean all zones within the City of Tustin that support or include residential uses, whether as a permitted use or conditionally permitted use. (Ord. No. 1574, Sec. 18, 3-17-26)

"Responsible Party" means any person(s) or entity(ies) that hold(s) legal and/or equitable title to the real property and/or dwelling unit, including any property owner, lessee or tenant, or any agent or representative thereof, who causes or permits any violation of this Code. To cause or permit includes failure to correct or cause correction after receiving notice from the City of the violation. (Ord. No. 1574, Sec. 19, 3-17-26)

"Rest Home" means any premises licensed under Section 2300 of the Welfare and Institutions Code of the State of California. (Ord. No. 157, Sec. 11.37)

"Rooming House"—See Boarding House. (Ord. No. 157, Sec. 11.38)

"Sanitarium" means a health station or retreat or other place where patients are housed, and where treatment is given, but excluding mental institutions or institutions for treatment of persons addicted to the use of drugs. (Ord. No. 157, Sec. 11.39)

"Service Station" means a use which provides for the servicing of motor vehicles and operations incidental thereto, limited to the retail sale of petroleum products and automotive accessories; automobile washing by hand; waxing and polishing of automobiles; tire changing and repairing (excluding recapping); battery service, charging and replacement, not including repair and rebuilding; radiator cleaning and flushing, excluding steam cleaning and repair; installation of accessories; also including the following operations if conducted within a building; lubrication of motor vehicles; brake servicing limited to servicing and replacement of brake cylinders and brake shoes; wheel balancing; the testing, adjustment, and replacement of carburetors, coils, condensers, distributor caps, fan belts, filters, generators, points, rotors, spark plugs, voltage regulators, water and fuel pumps, water hoses and wiring. (Ord. No. 157, Sec. 11.40; Ord. No. 1429, Sec. II.70, 5-21-13)

"Setback Lines" means a line established by this Chapter to govern the placement of buildings or structures with respect to lot lines, streets or alleys. (Ord. No. 157, Sec. 11.41)

"Short-Term Rental" means a rental or other occupancy of a dwelling unit or part of a dwelling unit to visitors where lodging is furnished for a period of thirty (30) consecutive calendar days or less. (Ord. No. 1574, Sec. 20, 3-17-26)

"Side and Front of Corner Lots" means the narrowest frontage of a corner lot facing the street is the front, and the longest frontage facing the intersecting street is the side, irrespective of the direction in which the dwelling faces. (Ord. No. 157, Sec. 11.42)

"Signs" means any advertising display or structure. (Ord. No. 157, Sec. 11.43)

"Small Animal Hospital or Clinic" means a place where small animals, such as dogs, cats, birds, and the like, are given medical or surgical treatment. (Ord. No. 352, Sec. 2)

"Small Family Day Care Home" pursuant to California Health and Safety Code definition and the applicable development standards in TCC Section 9271aa. (Ord. No. 1367, Sec. II, 4-6-10)

"Special Event" means any commercial, civic, patriotic, religious, cultural, community or political event taking place on a specific date or dates or other such occurrence as determined by the Director of Community Development. (Ord. No. 1123, Sec. 2, 6-6-94)

"Specialty Store" means a market or retail store other than convenience stores with fewer than 3,500 square feet in gross floor area with limited hours of operation, located in a retail center with more than three (3) retail tenants, that offers a combination of unique foods and beverages not commonly found in convenience or food markets or other retail stores for off-site use or consumption and where alcoholic beverage sales are incidental with no more than fifteen (15) square feet of the retail floor devoted to display of non-refrigerated alcoholic beverage sales for off-site consumption and no sales of refrigerated alcoholic beverages. (Ord. No. 1237, Sec. 2, 6-4-01)

"Specified Anatomical Areas" shall mean:

(1)

Less than completely and opaquely covered:

(a)

Human genitals, pubic regions;

(b)

Buttock; and

(c)

Female breast below a point immediately above the top of the areola; and

(2)

Human male genitals in a discernibly turgid state, even if completely and opaquely covered. (Ord. No. 819, Sec. 1, 2- 19-80)

"Specified Sexual Activities" shall mean:

(1)

Human genitals in a state of sexual stimulation or arousal; and/or

(2)

Acts of human masturbation, sexual stimulation or arousal; and/or

(3)

Fondling or other erotic touching of human genitals, pubic region, buttock, or female breast. (Ord. No. 819, Sec. 1, 2- 19-80)

"Statewide Exemption ADU" for purposes of ADU development means an ADU of up to 800 square feet, sixteen (16) feet in height, and with four (4) feet side and rear yard setbacks in compliance with all other local development standards. A Statewide Exception ADU shall not be precluded due to lot coverage, floor area ratio, open space, or minimum lot size requirements. (Ord. No. 1517, Sec. XII, 12-7-21)

"Street" means a public thoroughfare accepted by the City of Tustin, which affords principal means of access to abutting property, including avenue, place, way, drive, lane, boulevard, highway, road and any other thoroughfare except an alley as defined herein. (Ord. No. 157, Sec. 11.44)

"Street Line" means the boundary between a street right-of-way and property. (Ord. No. 157, Sec. 11.45)

"Structure" means anything constructed or erected, the use of which requires location on or in the ground, or attachment to something having location on the ground, excluding in-ground and above-ground swimming pools, driveways, flatwork for paved, uncovered patios or surface parking spaces. (Ord. No. 157, Sec. 11.46; Ord. No. 1524, Sec. 65, 8-16-22)

"Structural Alterations" means any change in the supporting members of a structure, such as bearing walls, columns, beams or girders. (Ord. No. 157, Sec. 11.47)

"Supermarket" means a full-line, self-service retail store with gross annual sales of two million dollars ($2,000,000.00) or more, and which sells a line of dry grocery, canned foods, or nonfood items and some perishable items. (Ord. No. 993, Sec. 1, 9-8-87)

"Townhouse" or "Townhome" means a single-family dwelling unit constructed in a group of three or more attached units in which each unit extends from the foundation to roof and with a yard or public way on not less than two sides. (Ord. No. 1535, Sec. 6, 6-6-23)

"Travel Trailer" means a vehicle, other than a motor vehicle, which is designed or used for human habitation, and for travel or recreational purposes, which does not at any time exceed eight (8) feet in width and forty (40) feet in length and which may be moved upon a public highway without a special permit or chauffeur's license, or both, without violating any provision of the Vehicle Code. (Ord. No. 329, Sec. 2)

"Travel Trailer Park" means any area or tract of land or a separate designated section within a mobile home park where one (1) or more lots are rented or leased or held out for rent or lease to owners or users of travel trailers or camp cars used for travel or recreational purposes. (Ord. No. 329, Sec. 2)

"Unit" means any building designed or used for the shelter or housing of one (1) or more persons, and shall include apartments. (Ord. No. 790, Sec. 4, 2-20-79)

"Use" means the purpose for which land or a building is designed, arranged, or intended or for which either land or building is or may be occupied or maintained. (Ord. No. 157, Sec. 11.49)

"Use, Accessory" means a use incidental or subordinate to, and devoted exclusively to the main use of a lot or a building located on the same lot. (Ord. No. 157, Sec. 11.50)

"Vend" or "Vending" means offering food, beverage, or product of any kind for outdoor sale on any publicly or privately owned sidewalk, drive aisle, street, alley, or unenclosed place open to the public, including the movement or standing of a pushcart or portable vending device for the purpose of searching for, obtaining or soliciting retail sales of products. (Ord. No. 1123, Sec. 2, 6-6-94)

"Vending Machines":

A "Reverse Vending Machine" is an automated mechanical device which accepts at least one (1) or more types of empty beverage containers including, but not limited to, aluminum cans, glass and plastic bottles, and issues a cash refund or a redeemable credit slip with a value not less than the container's redemption value as determined by the State. A Reverse Vending Machine may sort and process containers mechanically provided that the entire process is enclosed within the machine. (In order to accept and temporarily store all three (3) container types in a proportion commensurate with their relative redemption rates, and to meet the requirements of certification as a recycling facility, multiple grouping of Reverse Vending Machines may be necessary.)

ending Machine may sort and process containers mechanically provided that the entire process is enclosed within the machine. (In order to accept and temporarily store all three (3) container types in a proportion commensurate with their relative redemption rates, and to meet the requirements of certification as a recycling facility, multiple grouping of Reverse Vending Machines may be necessary.)

A "Bulk Reverse Vending Machine" is a Reverse Vending Machine that is larger than fifty (50) square feet; is designed to accept more than one (1) container at a time; and will pay by weight instead of by container. (Ord. No. 993, Sec. 1, 9-8-87)

"Yard" means an open space other than a court on the same lot with a building, which open space is unoccupied and unobstructed from the ground upward, except as otherwise permitted in Section 9271. (Ord. No. 157, Sec. 11.51)

"Yard, Front" means a yard extending across the full width of the lot, the depth of which is measured from the front line of the lot to the nearest line of the building; provided, however, that if any Official Plan Line has been established for the street upon which the lot faces, the front yard measurement shall be taken from such Official Plan Line to the nearest line of the building. (Ord. No. 353, Sec. 2)

"Yard, Rear" means a yard extending across the full width of the lot and measured between the rear line of the lot and the nearest line of the main building. (Ord. No. 157, Sec. 11.53)

"Yard, Side" means a yard between the side line of the lot and the nearest line of the building and extending from the front yard to the rear yard. (Ord. No. 353, Sec. 3)

9298 - INTERPRETATION AND ENFORCEMENT

a

Continuity of Law

Except as specifically provided herein, this chapter shall not be interpreted to repeal, abrogate, annul or in any way affect any existing provision of any law or ordinance or regulations or permits previously adopted or issued relating to the erection, construction, moving, alteration or enlargement of any building or improvement; provided however, in any instances where this chapter imposes greater restrictions upon the erection, construction, establishment, moving, alteration or improvement of buildings or the use of any building or structure that is imposed or required by an existing law, ordinance or regulation, the provisions of this chapter shall control. (Ord. No. 157, Sec. 12.1)

b

Criteria for Use Determination

Whenever the Director of Community Development, Planning Commission or City Council is called upon to determine, in cases of ambiguity, whether or not the use of any land or structure in any district is similar in character to the particular uses or plans allowed in the district, the Director of Community Development, Planning Commission or the City Council shall consider the following factors as criteria for their determination, as applicable:

(1)

Effect upon the public health, safety and general welfare of the neighborhood involved and the City at large.

(2)

Effect upon traffic conditions.

(3)

Effect upon the orderly development of the area in question and the City at large, in regard to the general planning of the whole community.

(4)

All other pertinent facts. (Ord. No. 175, Sec. 10; Ord. No. 1366, Sec. 21, 11-17-90)

c

Interpretation

If any ambiguity arises concerning the appropriate provisions of the chapter, the Director of Community Development shall make an interpretation or the Planning Commission shall ascertain all pertinent facts and make an interpretation based on its findings and thereafter such interpretation shall govern.

d

Responsibility of Enforcement

It shall be the duty of the Community Development Director or designee to enforce the provisions of this chapter pertaining to the use of land or buildings in the erection, construction, reconstruction, moving, alteration, or addition to any buildings or structures. Any permit or license of any type issued by any department or officer of the City of Tustin issued in conflict with the provisions of this chapter is hereby declared to be null and void. (Ord. No. 175, Sec. 11; Ord. No. 1366, Sec. 22, 11-17-09; Ord. No. 1536, Sec. 21, 4-16-24)

e

Procedures

Any building or structure erected, constructed, altered, enlarged, converted, moved or maintained contrary to the provisions of this chapter and any use of land or buildings operated or maintained contrary to the provisions of this chapter are hereby declared to be public nuisances. The City Council may commence the necessary action or proceedings for the abatement, removal and enjoining thereof in the manner prescribed by law in the courts which may have jurisdiction to grant such relief as will accomplish such abatement and restraint. The remedies provided for in this section shall be in addition to any other remedy or remedies or penalties provided in this chapter or any other law or ordinance. (Ord. No. 157, Sec. 13.2)

f

Appeals

Any person may appeal any decision of the Director of Community Development in accordance with Section 9294 of this Code. (Ord. No. 157, Sec. 13.3; Ord. No. 1366, Sec. 23, 11-17-09)

g

Consistency With All Laws

Notwithstanding any provision of this Code to the contrary, any use, entitlement, authorization, license, or permit allowed or issued under this Code, including without limitation any accessory or ancillary use, shall be consistent with applicable state and federal law. Any use or activity that is illegal under local, state, or federal law shall be deemed a prohibited use in all districts within the City. (Ord. No. 1322, Sec. 2, 12-4-06)

(Ord. No. 1429, Sec. II.71, 5-21-13)

9299 - ZONING ADMINISTRATOR

a

Office Created

An Office of the Zoning Administrator is hereby created pursuant to Section 65900 et seq., of the California Government Code.

b

Duties

The Community Development Director, or his/her designee, acting as the Zoning Administrator, shall have dual responsibility with that of the Planning Commission to hear and decide in accordance with Council policy and provisions of this chapter, and has the authority to approve, conditionally approve or deny the following requests when

such requests constitute a reasonable use of property not permissible under a strict literal interpretation of the regulations. The Zoning Administrator reserves the right to forward any matter listed below to the Planning Commission for consideration and action. Requests for minor adjustments Zoning Administrator variances in excess of the limitations prescribed in this subsection, or those development standards not specifically listed in this subsection, shall be subject to the approval of a variance by the Planning Commission. Requests for conditional use permits or other specified development applications not specifically listed in this subsection shall be subject to the approval of a conditional use permit or other discretionary review by the Planning Commission or other reviewing body as applicable.

(1)

Minor adjustments:

(a)

A decrease of not more than five (5) percent of the required building site area.

(b)

A decrease of not more than ten (10) percent of a required building or landscaping setback.

(c)

An increase of not more than twenty (20) percent in the maximum permitted height of a fence solid hedge or wall, subject to city approved structural design.

(d)

An increase of not more than ten (10) percent of the permitted projection of steps, stairways, landings, eaves, cornices, canopies, overhangs, masonry chimneys, raised porches and fireplaces into any required building setback.

(e)

An increase of not more than ten (10) percent in the maximum permitted building height.

(f)

A decrease in the number of required off-street parking spaces for nonresidential land uses up to a maximum of ten (10) percent.

(g)

A decrease of not more than ten (10) percent in the permitted distances between detached accessory structures and main structures.

(h)

An increase of not more than ten (10) percent in the maximum permitted driveway area within the front yard setback for residential districts or the front yard for commercial and industrial districts. (Ord. No. 1240, Sec. 2, 8-6-01; Ord. No. 1354, Sec. II, 11-4-08)

(i)

A decrease in the number of required off-street parking spaces for residential land uses by a maximum of one (1) parking space. (Ord. No. 1354, Sec. II, 11-4-08; Ord. No. 1479, Sec. 14, 4-4-17; Ord. No. 1517, Sec. XIV, 12-7-21)

(j)

Repealed. (Ord. No. 1574, Sec. 21, 3-17-26)

(2)

Variances when required by the City Code:

(a)

A decrease of not more than ten (10) percent of an individual required building site area.

(b)

An increase of not more than twenty (20) percent of the permitted projection of steps, stairways, landings, eaves, cornices, canopies, overhangs, masonry chimneys, raised porches and fireplaces into any required building setback.

(c)

A decrease in the number of required off-street parking spaces for nonresidential land uses up to a maximum of twenty (20) percent.

(d)

A decrease of not more than twenty (20) percent in the required setbacks for buildings, landscaping, swimming pools, spas and equipment.

(e)

An increase of not more than twenty (20) percent of the maximum sign area allowed, per zoning regulations.

(3)

Conditional Use Permits when required by the City Code:

(a)

Wireless Communication Facilities. (Ord. No. 1536, Sec. 22, 4-16-24)

(b)

Bulk Reverse vending machines.

(c)

Business operations (including storage) conducted within view from public right-of-way.

(d)

Large recycling locations.

(e)

On-premises dry cleaning.

(f)

Minor CUPs for existing development where there would be no change of primary use, there would be no expansion of floor area, and the request would not alter the original intent of the project or site.

(g)

Alcoholic beverage sales establishments. (Ord. No. 1493, Sec. 6, 9-4-18)

(h)

Secondhand sales when pawning is not included.

(i)

Development or construction of new buildings in the Commercial General (CG) or Industrial (M) Districts where more than fifty (50) percent of the total area, or any portion of the ground floor, is designated for use by professional or general offices.

(j)

Accessory buildings used as guest quarters.

(k)

Wall signs to include murals or graphics that are painted or made of other material deemed appropriate by the Zoning Administrator and which do not promote a product or business, but rather depicts a scene or image. (Ord. No. 1524, Sec. 66, 8-16-22; Ord. No. 1556, Sec. 2, 2-18-25)

(l)

Roof signs on buildings listed within the City's Historic Resources Survey. (Ord. No. 1317, Sec. II, 9-18-06; Ord. No. 1497, Sec. 4(Att. C), 7-3-18; Ord. No. 1524, Sec. 66, 8-16-22)

(m)

A master sign plan requesting deviations from standards contained in this chapter provided that the project is a center and a single development project of at least thirty thousand (30,000) building square feet or one (1) acre in project size. (Ord. No. 1524, Sec. 67, 8-16-22)

(4)

Specified development applications:

(a)

Reserved. (Ord. No. 1556, Sec. 3, 2-18-25)

(b)

Time extensions of not more than twelve (12) months from the original expiration date for minor adjustments, conditional use permits, variances, design reviews, subdivisions and other development applications, subject to the same noticing requirements that were given at the time the project was originally approved.

(c)

Except where design review is required by the planning commission pursuant to an adopted specific plan, (a) design review applications within redevelopment project areas; (b) minor design reviews within redevelopment project areas

which include modifications to existing structures and/or existing facade or site modifications which constitute a change in three (3) or less major design elements which do not result in a completed facade upgrade, (c) single-family homes not part of a subdivision, (d) residential room additions and (e) new or modified accessory structures associated with existing development.

(d)

Amendment to conditions of approval established by Planning Commission or City Council. Condition amendments that are determined by the Community Development Director to be minor in nature and will not alter the original intent of the project or site. Examples would include changes to exterior materials, colors, elevations, landscaping, walls/fences and hours of operation.

(e)

Reduction of nonresidential or commercial parking requirements within the Downtown Commercial Core Specific 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. The Zoning Administrator shall make a determination that the proposed project requesting payment of the Parking Exception Fee meets the following findings:

1.

The proposed project is an infill project located within the Downtown Commercial Core Specific Plan.

2.

The proposed project is considered to be relatively small.

3.

The proposed project has incorporated building or site design enhancements that make it an outstanding addition to the Downtown Commercial Core Specific Plan.

4.

The proposed project is aesthetically superior to one that provides all required parking on site.

5.

The project applicant shall agree to pay an annual fee for each commercial parking space not provided on site.

(Ord. No. 1429, Sec. II.72, 5-21-13; Ord. No. 1536, Sec. 3, 4-16-24; Ord. No. 1556, Sec. 4, 2-18-25)

c

Application Process

(1)

Submittal requirements. Applications for minor adjustments, conditional use permits or other specified development applications that would be subject to action by the Zoning Administrator shall be filed with the Community Development Department pursuant to the department's current application procedures and fee schedule. Applications should be accompanied with a written description as to how the applicable positive findings for the project type applied for identified in subsection (3) below can be justified. A single application may include more than one (1) request applicable to the same project. Applications subject to action by the Zoning Administrator shall be processed

and approved, conditionally approved or denied within the time limits established by state law for actions of development projects.

(2)

Public Hearing and Noticing Requirements.

(a)

For applications other than Alcoholic beverage sales establishments, upon determination that an application is complete, the Community Development Department shall schedule the matter for consideration by the Zoning Administrator. If a public hearing is required for the type of application considered, notice of such public hearing shall be given pursuant to Government Code Section 65091. Minor adjustments shall be considered by the Zoning Administrator without a public hearing.

(b)

For Alcoholic beverage sales establishments, upon determination that an application is complete, the Community Development Department shall provide a notice of the Zoning Administrator's pending decision to approve or deny the application, pursuant to Government Code Section 65091. If no request for a hearing is received by the Community Development Department within ten (10) days of the date of the notice, the application may be approved by the Zoning Administrator without a public hearing. If the Zoning Administrator intends to deny the request, or a request for a hearing is received within ten (10) days of the date of the notice, then the Community Development Department shall schedule the matter for a public hearing before the Zoning Administrator. Pursuant to Section 9299b, the Zoning Administrator may forward an application for alcoholic beverage sales to the Planning Commission for consideration and action.

(c)

Additional noticing time as specified in Government Code Section 65091 may be required to comply with noticing requirements of the California Environmental Quality Act. In the event of a conflict between required noticing times, the longer time shall be given. (Ord. No. 1556, Sec. 5, 2-18-25)

(3)

Required Findings

(a)

Minor adjustments shall be granted only when such adjustments are found to be in conformance with the General Plan and when, because of special circumstances applicable to the property, including size, shape, topography, or surroundings, the strict application of the Zoning Ordinance is found to deprive the subject property of privileges enjoyed by other properties in the vicinity and under identical zone classification. Any minor adjustment granted shall be subject to such conditions as will assure that the adjustment thereby authorized shall not constitute a grant of special privilege inconsistent with the limitations upon other properties in the vicinity and district in which the subject property is situated.

(1)

Minor adjustment to reduce the required amount of nonresidential parking shall be granted only when, in addition to the findings in Section 9299c(3)(a) above, the following findings can also be made:

(a)

The intent of the parking regulations is preserved;

(b)

The parking provided will be sufficient to serve the use intended and potential future uses of the same site; and

(c)

The adjusted decrease in the number of parking spaces shall not be detrimental to the public health, safety or general welfare or materially injurious to properties located in the general vicinity.

(2)

Minor adjustment to reduce the required amount of residential parking shall be granted only when, in addition to the findings in Section 9299c(3)(a) above, the findings in Section 9264b, can also be made. (Ord. No. 1354, Sec. II, 11-408)

(b)

Variances may be granted only when such variances are found to be in conformance with the General Plan and when because of special circumstances applicable to the property, including size, shape, topography, or surroundings, the strict application of the Zoning Code is found to deprive the property of privileges enjoyed by other properties in the vicinity and under identified zone classification.

(c)

Conditional use permits shall be granted only when such conditional use permits are found to be in conformance with the General Plan and when the establishment, maintenance, or operation of the use applied for will not, under the circumstances of the particular use, be detrimental to the health, safety, morals, comfort and general welfare of the persons residing or working in the neighborhood of such proposed use, or injurious or detrimental to property and improvements in the neighborhood or the general welfare of the city.

(d)

Design review applications may be approved only if such applications are found to be in conformance with the General Plan and if the location, size, architectural features and general appearance of the proposed development will not impair the orderly and harmonious development of the area, the present or future development therein, the occupancy thereof, or the community as a whole. In making such findings, the following items shall be considered:

(1)

Height, bulk and area of buildings

(2)

Setbacks and site planning

(3)

Exterior materials and colors

(4)

Type and pitch of roofs

(5)

Size and spacing of windows, doors and other openings

(6)

Towers, chimneys, roof structures, flagpoles, radio and television antennas

(7)

Landscaping, parking area design and traffic circulation

(8)

Location, height and standards of exterior illumination

(9)

Location and appearance of equipment located outside of an enclosed structure

(10)

Location and method of refuse storage

(11)

Physical relationship of proposed structures in the neighborhood

(12)

Appearance and design relationship of proposed structures to existing structures and possible future structures in the neighborhood and public thoroughfares

(13)

Proposed signing

(14)

Development guidelines and criteria as adopted by the City Council

(e)

All other specified development applications that are subject to action by the Zoning Administrator shall be granted only when such applications are found to be in conformance with the General Plan. (Ord. No. 1524, Sec. 68, 8-16-22)

(4)

Zoning Administrator Action. After consideration of the application, and after making the appropriate findings as required above, the Zoning Administrator shall take action to approve, approve with conditions or deny the application. The decision of the Zoning Administrator shall be final unless appealed pursuant to subsection d below. The Zoning Administrator shall provide notice to the applicant within two (2) business days following the action. (Ord. No. 1366, Sec. 24, 11-17-09)

d

Appeals

Any person may appeal any decision of the Zoning Administrator in accordance with Section 9294 of this Code. (Ord. No. 1366, Sec. 25, 11-17-09)

e

Repealed (Ord. No. 1366, Sec. 26, 11-17-09)

f

Repealed (Ord. No. 1366, Sec. 27, 11-17-09)

(Ord. No. 552; Ord. No. 1116, Sec. 1, 5-16-94; Ord. No. 1157, Sec. 1, 12-4-95)

CHAPTER 3 - SUBDIVISIONS[[1]]

Footnotes:

--- ( 1 ) ---

Editor's note— Sec. 2 of Ord. No. 1430, adopted Sept. 17, 2013, amended ch. 3 in its entirety to read as herein set out. Former ch. 3 pertained to the same subject matter, and derived from Ord. No. 1177, adopted Feb. 18, 1997.

PART 1 - PURPOSE, INTENT AND APPLICABILITY OF SUBDIVISION CODE

9311 - PURPOSE, INTENT AND APPLICABILITY OF SUBDIVISION CODE

a

Title

Article 9, Chapter 3, of the Tustin City Code is and may be cited as the Subdivision Code of the City of Tustin, hereafter referred to as "the Subdivision Code."

b

Purpose and Intent

The purpose of the Subdivision Code is to implement the Subdivision Map Act related to the division of land within or partially within the City of Tustin by establishing regulations concerning the design, improvement, and survey data of subdivisions, the form and content of all required maps provided under the Subdivision Map Act, and the procedure to be followed in securing the official approval of the City regarding the maps. To fulfill these purposes, the intent of the Subdivision Code is to:

1.

Promote orderly growth and development to preserve the public health, safety and general welfare;

2.

Promote open space, conservation, protection, and proper use of land; and

3.

Provide for adequate traffic circulation, utilities, and other services in the City.

c

Authority and Relationship to General Plan

The Subdivision Code is enacted based upon authority vested in the City of Tustin by the State of California, including, but not limited to: the State Constitution and the Subdivision Map Act (Government Code Sections 66410 et seq.).

The Subdivision Code is a tool used by the City of Tustin to implement the goals, objectives and policies established in the Tustin General Plan.

d

Applicability of Subdivision Code

The Subdivision Code shall apply to all divisions of land within or partially within the City of Tustin, except as provided in 9312 (Exclusions from the Subdivision Code). In the event that this chapter is silent or does not address a specific subdivision issue, procedure, or requirement, the City shall defer to the provisions of the Subdivision Map Act.

Every division of land proposed within or partially within the City of Tustin shall be consistent with the Tustin General Plan, any applicable Specific Plan, Article 9, Chapter 2 (Zoning Code) and other applicable provisions of the Tustin City Code.

The type and intensity of land use as shown on the General Plan, any applicable Specific Plan, Article 9, Chapter 2, (Zoning Code), or other applicable provisions of the Tustin City Code shall determine, together with the requirements of the Subdivision Map Act and the Subdivision Code, the type of streets, roads, highways, utilities, and other public services that shall be provided by the subdivider.

e

Subdivision Manual

The Director of Community Development ("Director") shall formulate such rules, procedures and interpretations as may be necessary or convenient to administer the Subdivision Code. Such rules and procedures shall be referred to as the Tustin Subdivision Manual. The Subdivision Manual was initially adopted by the Tustin City Council (Resolution No. 9818). The Director is hereby authorized to incorporate further amendments into the Subdivision Manual; provided such amendments are consistent with the Subdivision Map Act and this Subdivision Code.

f

Standards

All public street improvements to be installed or agreed to be installed in a subdivision shall conform to the City of Tustin's "Street Design Manual and Standard Plans." The City Engineer is hereby authorized to amend the City of Tustin's "Street Design Manual and Standard Plans," provided such amendments are consistent with this Chapter and the Subdivision Map Act.

g

Responsibility and Delegation of Authority

The following advisory agencies, as that term is used in the Subdivision Map Act, are hereby authorized to discharge and administer the duties set forth in this Subdivision Code as follows:

1.

City Council. The Tustin City Council shall have the responsibility and authority to conduct public hearings, and approve, conditionally approve or disapprove any subdivision application involving multiple, interrelated discretionary actions, petitions for reversion to acreage, and Subdivision Code modifications. The City Council shall also review and

uphold or deny appeals from actions taken in compliance with Section 9321.b (Authority for Subdivision Decisions) of this Code.

2.

City Engineer. The City Engineer, or designee, shall be responsible for:

a)

Determining if proposed subdivision improvements comply with the Subdivision Code;

b)

Examining and certifying that final maps are in substantial conformance with the approved tentative maps;

c)

Processing and approving subdivision public improvement plans;

d)

Establishing design and construction details, standards and specifications for public improvements;

e)

Preparing and approving subdivision improvement agreements;

f)

Inspecting, approving and accepting subdivision public improvements;

g)

Accepting dedications and conveyances of real property and interests in real property offered at no cost to the City: and,

h)

Amending the City of Tustin's "Street Design Manual and Standard Plans."

3.

Director of Community Development. The Director of Community Development, or designee, shall be responsible for:

a)

Processing of tentative maps, final maps, reversion to acreage maps, and amended maps;

b)

Establishing design and construction standards for private improvements;

c)

Processing and approving subdivision private improvement plans;

d)

Processing and approving proposed street names;

e)

Inspecting, approving and accepting subdivision private improvements.

f)

Processing and approving, conditionally approving, or disapproving lot line adjustments, parcel mergers, final maps, certificates of compliance and requests for extension of a tentative map, and the waiver of the Subdivision Code; and,

g)

Interpreting all provisions of the Subdivision Code.

4.

Director of Parks and Recreation. The Director of Parks and Recreation, or designee, shall be responsible for determining if the proposed park land dedications and/or recreation improvements related to a subdivision comply with the Subdivision Code.

5.

Planning Commission. The Planning Commission shall approve, conditionally approve, or disapprove tentative maps, and review and recommend to the City Council actions, findings and conditions pertinent to the application for a division of land, any subdivision application involving multiple interrelated discretionary actions, and review and uphold or deny appeals from actions taken in compliance with 9321.b (Authority for Subdivision Decisions).

(Ord. No. 1430, Sec. 2, 9-17-13)

Those activities identified in Sections 66412 (except subsection (d) related to Lot Line Adjustments), 66412.1, 66412.2, 66412.5, 66412.6 or 66426.5 of the Subdivision Map Act shall be excluded from the requirements of the Subdivision Code.

(Ord. No. 1430, Sec. 2, 9-17-13)

9313 - WAIVER OF SUBDIVISION REQUIREMENTS

a

Waiver of Tentative Map Requirements

Any subdivider may, upon formal application, request the waiver of one or more of the requirements for a tentative or final map for the following activities:

1.

Division of real property or interests therein created by probate, eminent domain procedures, partition, or other civil judgments or decrees.

2.

Divisions of real property resulting from the conveyance of land or any interest therein to or from the City, public entity or public utility for a public purpose, such as school sites, public building sites, or rights-of-way or easements for

streets, sewers, utilities, drainage, etc.

3.

The unmerger, in accordance with the Subdivision Map Act and the Subdivision Code, of real property which has been merged pursuant to the Subdivision Code, the Subdivision Map Act or any prior ordinance of the City.

4.

Where tenants purchase a mobile home park subject to the provisions of Section 66428.1 of the Subdivision Map Act.

b

Waiver Findings

After the waiver application is deemed complete pursuant to Government Code Section 65943, the Director shall approve or deny the application within 50 calendar days. The requirements for a tentative map or final map shall not be waived, in whole or in part, unless the Director makes a finding that the proposed division of land complies with requirements as to area, improvement and design, flood water drainage control, appropriate improved public roads, sanitary disposal facilities, water supply availability, environmental protection, and other requirements of the Subdivision Map Act, the Subdivision Code and the Tustin General Plan, any applicable Specific Plan, Article g, Chapter 2 (Zoning Code) and other applicable provisions of the Code. The subdivider shall have the right to appeal the decision to the Tustin Planning Commission in compliance with 9321.h (Appeals).

c

Certificate of Compliance Required

The Director shall file with the County Recorder a Certificate of Compliance for the land to be divided, in compliance with 9333.c (Certificate of Compliance), and a plat map showing the division. The certificate of compliance shall include documentation by the County Tax Collector in compliance with 9325.b.5 (Tax Certificate).

If the application for a Certificate of Compliance is filed over one (1) year following the Determination of Compliance, the application for a Certificate of Compliance shall be accompanied by the current vesting deed(s) and such other information as may be required to ascertain the status of each parcel included in the application, as well as a map drawn to an engineer's scale of the subject property with dimensions showing the location and use of all structures on the property and all streets adjacent to and providing access to the property. The application shall not be considered as complete until all the application documents, including the vesting deed(s) and map have been received together with the processing fee.

Conditions may be imposed to provide for, among other things, payment by the subdivider of parkland dedication, drainage, and other fees that are permitted under the Subdivision Code, the Subdivision Map Act, or other relevant law.

The decision of the Director shall be considered final unless an appeal is filed in compliance with 9321.h (Appeals).

(Ord. No. 1430, Sec. 2, 9-17-13)

A subdivider may request a modification to any Subdivision Code regulation or requirement, consistent with the following application procedures and findings. This modification procedure shall not apply to modifications of Zoning Code requirements.

a

Application

An application for a modification shall be made by the subdivider on forms and with such fees or deposits as may be prescribed by the Department or by resolution adopted by the City Council. The application shall set forth the nature and extent of the requested modification, the grounds of the application and the facts relied upon by the applicant for the request for a modification and be accompanied by a written statement identifying the special grounds or circumstances that will enable the required findings to be made.

b

Required findings for approval

An application for a modification shall be considered by the City Council concurrently with the application for a tentative map, vesting tentative map, or other application, following receipt of a recommendation on the matter from the Planning Commission. To the extent that provisions of the Subdivision Code conform to the Subdivision Map Act, they may not be waived. In approving or conditionally approving a modification of the regulations or requirements included in this chapter, the City Council shall make the following findings:

1.

Because the land involved in the subdivision is of an unusual size or shape; or is subject to title limitations of record that effect or limit its development; or is affected by topographical location or condition of land involved that affects its development; or the use to which the land involved will be devoted requires the modification, it is impossible or impracticable for the subdivider to conform fully to the regulations contained in this chapter.

2.

The subdivision is in conformity with the Subdivision Map Act, the General Plan, any applicable Specific Plan, Article 9, Chapter 2 (Zoning Code), and other applicable provisions of the Code.

(Ord. No. 1430, Sec. 2, 9-17-13)

PART 2 - SUBDIVISION PROCESSING

9321 - SUBDIVISION AUTHORITY AND APPLICATION PROCESSING

a

Introduction

This part provides standard procedures and requirements for the preparation, filing and processing of applications for divisions of land required by the Subdivision Code.

b

Authority for Subdivision Decisions

Table 2-1 (Review Authority) identifies the City official or body responsible for reviewing and making decisions on each type of application for divisions of land required by the Subdivision Code.

Table 2-1

Review Authority

Type of Application Decision Body Appeal Body

1 The Planning Commission's decision may be appealed to the Council.

2 The Planning Commission shall make recommendations to the City Council.

3 Tentative Parcels Maps for Urban Lot Splits shall be processed and approved ministerially per Government Code 66411.7 and Section 9329.

(Ord. No. 1523, Sec. 3, 8-16-22)

c

Application Filing and Fees

Applications for divisions of land shall be processed in compliance with this section and the City's Subdivision Manual.

Application Contents. Applications for divisions of land shall be filed with the Department. An application shall be considered complete when:

a)

All necessary forms, materials and exhibits as identified in the City's Subdivision Manual have been provided and accepted as adequate; and,

b)

All necessary application fees and/or deposits have been accepted.

The tentative map, final map and other drawings which are to be ultimately recorded shall be prepared by a registered civil engineer or licensed land surveyor. The maps and exhibits shall be clearly drawn and contain the necessary information as determined by the Department. The Department may also require additional materials, exhibits, data or information determined necessary to accomplish the purposes of the Subdivision Map Act and/or the Subdivision Code.

2.

Eligibility for Filing. Applications may be made by the owner(s) of the subject property or by any other person, with the written consent of the property owner.

d

Initial Application Review/Environmental Assessment

Processing of any submitted application will not commence until after all required information is received and accepted and the Department confirms that the application is complete. All applications filed with the Department in compliance with the Subdivision Code and the City's Subdivision Manual shall be initially processed as follows:

1.

Review for Completeness. The Department shall review all applications for accuracy before they are accepted as being complete.

a)

Notification of Applicant. The applicant shall be informed, as required by the Government Code, either that the application is complete and has been accepted for processing, or that the application is incomplete and that additional information, specified in a letter, must be provided.

b)

Environmental Information. The Department may require the applicant to submit such additional information as may be deemed reasonably necessary for environmental review of the project in compliance with 9321.d.3 (Environmental Assessment) and the California Environmental Quality Act (CEQA).

c)

Expiration of Application. If a pending application is not capable of being deemed complete within six (6) months after the first filing with the Department, the application shall be deemed withdrawn unless an extension is granted by the Director. A new application, including fees, plans, exhibits and other materials, will be required to commence processing of any subdivision on the same property.

2.

Referral of Application. At the discretion of the Director, or where otherwise required by the Subdivision Map Act, any application filed may be referred to any public agency that may be affected or have an interest in the proposed subdivision.

3.

Environmental Assessment. Once the application is determined to be complete, all subdivision applications shall be reviewed as required by CEQA to determine whether the proposed subdivision is exempt from the requirements or is not a project as defined by CEQA, whether the proposed subdivision is covered by previous environmental documents, whether a Negative Declaration may be issued, or whether an Environmental Impact Report shall be required. These determinations and, where required, the preparation of environmental documents shall be in compliance with CEQA and other guidelines established by the Department.

e

Concurrent Processing

When a proposed division of land or decision body action requires more than one land use approval, all applications shall be processed concurrently as interrelated permits for a project and shall not be bifurcated unless otherwise authorized by the Director upon the request of the applicant. The highest designated decision body for all such applications shall take final action on the multiple applications. For example, any division of land determined by the Department to be inconsistent with the General Plan would require concurrent consideration of an application to eliminate the inconsistency.

f

Notice of Public Hearing

With five (5) days of determining a tentative parcel or tentative tract map application complete, the Department shall:

1.

Send notice and a copy of the tentative parcel or tentative tract map to the affected public agencies and utilities which may, in turn, forward to the Department their findings and recommendations. The agency or utility may send a written report to the Planning Commission. The report shall indicate the impact of the proposed subdivision on the agency or utility and shall make recommendations as deemed appropriate. If a written report is made by an agency or utility, such report may be returned to the City within fifteen (15) days of receipt of the proposed tentative map. In the event that an agency or utility fails to respond within the 15-day period, such failure to respond shall be deemed approval of the proposed subdivision by the agency or utility; and

2.

Send a notice and a copy of the tentative parcel or tentative tract map application by certified mail to the governing board of the affected public School Districts. The notice shall contain information about the location of the proposed subdivision, the number of units, density, and any other information which would be relevant to the affected School District(s). The governing board(s) of the affected School District(s) may review the notice and may send a written report to the Planning Commission. The report shall indicate the impact of the proposed subdivision on the affected public School District and may make such recommendations as the governing board of the affected School District(s) deems appropriate. If a written report is made by the governing board, such report shall be returned to the City within fifteen (15) days of receipt of the proposed tentative map. In the event that the District fails to respond within the 15day period, such failure to respond shall be deemed approval of the proposed subdivision by the affected public School Districts.

Whenever a public hearing or meeting is scheduled to be held pursuant to this chapter, notice of the time and place thereof, including a general description of the location of the proposed subdivision; the identity of the hearing body; and a general explanation of the matter to be considered, shall be given at least 10 calendar days before the hearing in accordance with the provisions of the City's Subdivision Manual and Government Code Sections 65090 and 65091.

A proposed conversion of residential real property to a condominium, community apartment, or stock cooperative project shall be noticed in accordance with Sections 66452.17 through 66452.20 of the Subdivision Map Act.

Additional noticing time as specified may be required to comply with noticing requirements of the California Environmental Quality Act. In the event of a conflict between required noticing times, the longer time shall be given.

The Department may give such other notice that it deems necessary or advisable. Substantial compliance with these provisions for notice shall be sufficient, and a technical failure to comply shall not affect the validity of any action taken according to the procedures in the Subdivision Code.

The decision body shall consider any input received from any interested party, including any reports from affected agencies, utilities or School Districts prior to approving, conditionally approving, or disapproving an application for

division of land. Notwithstanding the foregoing, it should be noted that the Subdivision Map Act or other state codes may require additional notice for certain applications.

g

Public Hearings

Whenever a public hearing is required by the Subdivision Code, and the application for subdivision and any environmental review has been determined to be complete, and the application has been determined to be in compliance with this Code, all other applicable Codes, Specific Plans, General Plan and the City of Tustin's "Standard Drawings and Improvement Design Standards," in effect as of the filing date, or that includes application(s) that propose actions that, if approved by the decision body, would correct any noncompliance, the Department shall set the time, date, and place of the public hearing before the decision body in accordance with the deadlines for action provided in this Code.

h

Appeals

The subdivider, or any other interested party, may appeal any action of the decision body to the appeal body as identified in 9321.b (Authority for Subdivision Decisions). Appeals shall be filed with the City Clerk during normal business hours within 10 calendar days of the date of the decision and be accompanied by a deposit or fee as required by City Council resolution or ordinance. All appeals shall be made in writing and shall specify the decision appealed from, the specific action or relief sought by the appellant in the appeal, and reasons why the action taken by the decision body should be modified or reversed. Timely filing of a written appeal shall automatically stay all actions and put in abeyance all approvals or permits which may have been granted; and neither the applicant nor any enforcing agency may rely upon the decision, approval, or denial or other action appealed from, until the appeal has been resolved. Failure to file a written appeal in accordance with this subsection shall constitute a waiver thereof.

The appeal shall be scheduled for consideration by the appropriate appeal body identified in 9321.b (Authority for Subdivision Decisions) within thirty (30) days of receipt of an appeal, with the same noticing as required by Section 9321.g (Public Hearings), unless otherwise mutually agreed upon by the Director and the Property Owner/Applicant. If there is no regular meeting of the appropriate appeal body within the next 30 days for which notice can be given pursuant to Section 9321.f, the appeal may be heard at the next regular meeting for which notice can be given, or within 60 days from the date of the receipt of the request, whichever period is shorter. The hearing shall be de novo and the appeal body may approve, approve with conditions, or disapprove the matter in accordance with this Code or remand the matter to the decision body for further proceedings in accordance with directions of the appeal body. A decision of the City Council on such appeal shall be final.

(Ord. No. 1430, Sec. 2, 9-17-13)

a

Purpose and Applicability

The purpose of this section is to provide for the submittal and processing of a complete application in compliance with subsection 9321.c (application filing and fees) for a lot line adjustment of four or fewer adjacent parcels in a manner so that any land taken from one parcel will be added to an adjoining parcel in compliance with the Subdivision Map Act.

b

Application Processing and Review

Each application shall be analyzed by the Department to ensure that the application is consistent with the purpose and intent of this section, the Subdivision Map Act and the City's Subdivision Manual.

1.

Application review shall be limited to a determination of the following:

a)

Four or fewer existing, adjoining parcels are involved;

b)

No greater number of parcels will result from the lot line adjustment;

c)

The parcels resulting from the lot line adjustment will conform to the Tustin General Plan, and any applicable specific plan, zoning and building ordinances.

2.

No conditions or exactions shall be imposed on the approval of a lot line adjustment except to conform the proposal to the City's General Plan, zoning and building ordinances, and/or to require the prepayment of real property taxes prior to the approval of the approval of the lot line adjustment, or to facilitate the relocation of existing utilities, infrastructure or easements.

3.

No tentative or final map shall be required as a condition to the approval of a lot line adjustment.

4.

No record of survey shall be required for a lot line adjustment unless required by Section 8762 of the Business and Professions Code.

c

Decision

Upon determining that a complete application has been submitted and that the application complies with the Subdivision Map Act, Subdivision Code and Subdivision Manual, the Director shall approve, conditionally approve or disapprove the proposed lot line adjustment.

An approved lot line adjustment shall be reflected in a deed, which shall be recorded with the office of the County Recorder in accordance with the provisions of Section 66412(d) of the Government Code. If a Record of Survey is prepared and filed, a Certificate of Compliance shall also be recorded.

(Ord. No. 1430, Sec. 2, 9-17-13)

9323 - TENTATIVE PARCEL AND TRACT MAPS

a

Purpose

The purpose of this section is to provide for the submittal and processing of a complete application in compliance with subsection 9321.c (Application Filing and Fees) for tentative maps for the subdivision of land in compliance with the Subdivision Map Act, all applicable zoning regulations, the Subdivision Code, and the Subdivision Manual.

b

Applicability and Requirements

Each application shall be consistent with the provisions of this section and the Subdivision Map Act, Subdivision Code and the City's Subdivision Manual. Proposed divisions of land shall comply with the following requirements:

1.

Divisions of Land; Four or Less Parcels: Tentative Parcel Map Requirements.

a)

A tentative parcel map shall be required for all subdivisions creating four (4) or less parcels or where:

(1)

The land before division contains less than five (5) acres, each parcel created by the division abuts upon a maintained public street or highway, and no dedications or improvements are required by the City;

(2)

Each parcel created by the division has a gross area of twenty (20) acres or more and has an approved access to a maintained public street or highway;

(3)

The land consists of a parcel or parcels of land having approved access to a public street or highway, which comprises part of a tract of land zoned for industrial or commercial development, and which has the approval of the City as to street alignments and widths;

(4)

Each parcel created by the division has a gross area of not less than forty (40) acres or is not less than a quarter of a quarter section; or

(5)

The land being subdivided is solely for the creation of any environmental subdivision pursuant to Section 66418.2 of the Subdivision Map Act.

b)

A tentative parcel map shall not be required for the following:

(1)

Subdivisions of a portion of the operating right-of-way of a railroad corporation, as defined by Section 230 of the State Public Utilities Code, that are created by short-term leases (terminable by either party on not more than 30 calendar days' notice in writing).

(2)

Land conveyed to or from a governmental agency, public entity or public utility, or for land conveyed to a subsidiary of a public utility for conveyance to such public utility for rights-of-way, unless a finding is made by the Director in individual cases, upon substantial evidence, that public policy necessitates a parcel map.

For purposes of this subsection, land conveyed to or from a governmental agency shall include a fee interest, an easement or a license.

2.

Division of Land; Five or More Parcels: Tentative Tract Map Requirements.

a)

A tentative tract map shall be required for all subdivisions creating five (5) or more parcels, five (5) or more condominiums as defined in Section 783 of the California Civil Code, a community apartment project containing five (5) or more parcels, or for the conversion of a dwelling to a stock cooperative containing five (5) or more dwelling units, except where a parcel map is required pursuant to Section 9323b.1 of this Code.

b)

A tentative tract map shall not be required for the following:

(1)

The financing or leasing of apartments, offices, stores, or similar space within apartment buildings, industrial buildings, commercial buildings, mobile home parks or trailer parks.

(2)

Mineral, oil, or gas leases.

(3)

Land dedicated for cemetery purposes under the Health and Safety Code.

(4)

The leasing or licensing of a portion of a parcel, or the granting of an easement, use permit, or similar right on a portion of a parcel, to a telephone corporation as defined in Section 234 of the Public Utilities Code, exclusively for the placement and operation of cellular radio transmission facilities, including, but not limited to, antennae support structures, microwave dishes, structures to house cellular communications transmission equipment, power sources and other equipment incidental to the transmission of cellular communications, if the project is subject to discretionary action by the advisory agency or legislative body.

(5)

Leases of agricultural land for agricultural purposes. As used in this subdivision, "agricultural purposes" means the cultivation of food or fiber or the grazing or pasturing of livestock.

(6)

The financing or leasing of any parcel of land, or any portion thereof, in conjunction with the construction of commercial or industrial buildings on a single parcel, unless the project is not subject to review under other local agency ordinances regulating design and improvement.

(7)

The financing or leasing of existing separate commercial or industrial buildings on a single parcel.

(8)

The construction, financing or leasing of dwelling units pursuant to Section 65852.1 or second units pursuant to Section 65852.2, but this Section shall be applicable to the sale or transfer, but not leasing, of those units. Subdivisions of four parcels or less for construction of removable commercial buildings having a floor area of less than 100 square feet. (California Government Code Sections 66412,66412.1,66412.2 and 66412.5.)

c

Application Processing and Review

A complete application for a tentative map shall be filed with the Department in compliance with 9321.c (Application Filing and Fees). Each application shall be analyzed by the Department to ensure that the application is consistent with the purpose and intent of the requirements of the Subdivision Map Act, Subdivision Code, Subdivision Manual, Tustin General Plan, any applicable Specific Plan, Article 9, Chapter 2, (Zoning Code) and other applicable provisions of the Tustin City Code and state law.

1.

Tentative map applications shall be determined to be complete by the Department only when:

a)

All necessary application forms, materials and exhibits as established by the Department are accepted as adequate;

b)

A preliminary soils, geology and seismicity report prepared in accordance with the California Building Code and City's Grading Manual is accepted as adequate, except for subdivision for finance and conveyance purposes only;

c)

A preliminary title report showing the legal owners and any encumbrances and easements is accepted as adequate by the City Engineer. Said title report shall be current within three (3) weeks of the submittal of the final map and be updated every six (6) months from the date of the original submittal until final action on the application is taken;

d)

All necessary determinations and documents to comply with the California Environmental Quality Act have been certified or adopted; and

e)

All fees and/or deposits have been submitted and accepted.

2.

Tentative maps shall be considered by the Planning Commission in compliance with 9321.b (Authority for Subdivision Decisions), with a noticed public hearing, except Tentative Parcel Maps for Urban Lot Splits, which shall be considered ministerially per Government Code 66411.7 and Section 9329. (Ord. No. 1523, Sec. 4, 8-16-22)

3.

Tentative map applications which the Department determines are eligible for categorical exemption from CEQA, or which will rely upon a previously certified environmental impact report, shall be reviewed and acted upon by the Planning Commission within 50 calendar days of the date when the Department has determined the application complete.

4.

Tentative map applications which the Department determines to be complete but that require the preparation of an environmental document in compliance with CEQA shall be reviewed and acted upon by the Planning Commission in conjunction with the environmental document, except that the Planning Commission shall provide a recommendation for applications involving multiple, interrelated discretionary actions.

5.

The Planning Commission shall, after a public hearing, approve, conditionally approve, or disapprove a tentative map supported by the following findings:

a)

The proposed map is consistent with the Tustin General Plan or any applicable specific plan, the Zoning Code, this chapter, the Subdivision Map Act, and other applicable provisions of the Tustin City Code.

b)

The design or improvement of the proposed subdivision is consistent with the Tustin General Plan or any applicable specific plan, the Zoning Code and other applicable provisions of the Tustin City Code.

c)

The site is physically suitable for the proposed type and density of development.

d)

The design of the subdivision or the proposed improvements will not cause substantial environmental damage or substantially and avoidably injure fish or wildlife or their habitat. However, the City Council may approve or conditionally approve a tentative map even if it is unable to make this finding if an environmental impact report was prepared for the project, and a finding was made that specific economic, social, or other considerations make infeasible the mitigation measures or project alternatives identified in the environmental impact report that would mitigate damage to the environment or to fish and wildlife and their habitat.

e)

The design of the subdivision or the type of improvements will not cause serious public health problems.

f)

The design of the subdivision or the type of improvements will not conflict with easements, acquired by the public at large, for access through or use of, property within the proposed subdivision. In this connection the City Council may approve the map if it finds that alternative easements for access through, or for use of, the property will be provided, and that these will be substantially equivalent to ones previously acquired by the public. This subsection shall apply only to easements of record or to easements established by judgment of a court of competent jurisdiction.

g)

The waste discharge from the proposed subdivision into a community sewer system will not result in or add to violations of existing requirements prescribed by the Regional Water Quality Control Board.

h)

Corrective measures have been proposed by a civil engineer registered by the State if the preliminary soils report identifies the existence of critically expansive soils or other soils problems which, if not corrected would lead to structural defects within the subdivision. No building permit shall be issued for the construction of any building or structure within the subdivision which has been found to contain critically expansive or defective soils unless the approved corrective measure is incorporated in the construction plans.

i)

Any tentative map where residential development of more than 500 dwelling units is proposed shall include a finding indicating, or a condition requiring, confirmation that a sufficient water supply is available, based on the submittal to the City of a written verification of a "Sufficient Water Supply" as that term is defined in Section 66473.7 of the Subdivision Map Act, from the applicable public water utility provider, or that the proposed subdivision is exempted by Section 66473.7(i) of the Subdivision Map Act from providing said verification.

In the event that one or more of the findings included in this section cannot be made to support approval or conditional approval of the tentative map, the Planning Commission shall disapprove the tentative map except when the subdivider files a tentative map concurrently with an interrelated land use application (i.e., zone change, general plan amendment, etc.) intended to make the development proposal consistent with the above findings, whereupon the Planning Commission shall provide a recommendation to the City Council.

As a condition of approval of a subdivision map, the subdivider may be required to dedicate or make an irrevocable offer of dedication to the public, through the appropriate public agency, of all real property both on- and off-site as required for public use or benefit. Any condition requiring dedication shall specify whether the real property shall be dedicated by easement or in fee title, as identified in Section 9331 of this Code and shall also be so identified upon the tentative map and final map.

vocable offer of dedication to the public, through the appropriate public agency, of all real property both on- and off-site as required for public use or benefit. Any condition requiring dedication shall specify whether the real property shall be dedicated by easement or in fee title, as identified in Section 9331 of this Code and shall also be so identified upon the tentative map and final map.

The Planning Commission's action on the tentative map shall be final unless appealed, except that the Planning Commission shall provide a recommendation for applications involving multiple, interrelated discretionary actions to the City Council at a public hearing to be held within 30 calendar days of the Commission's action. Noticing of the public hearing shall be given in compliance with 9321.g (Public Hearings). All applicable time frames for the Commission to recommend on the tentative map application specified by the Subdivision Map Act, the Subdivision Code, or other relevant law, may be extended by mutual consent of the subdivider and the Commission.

The decision making body shall take action, after a public hearing, to approve, approve with conditions or disapprove the tentative map. If the decision making body does not approve, conditionally approve or disapprove the tentative map within the time limits specified in this section, or any authorized extension thereof, the tentative map as filed, shall be deemed to be approved, insofar as it complies with other applicable requirements of the Subdivision Map Act, the Subdivision Code and the City's Subdivision Manual, and it shall be the duty of the City Clerk to certify its approval. All applicable time frames for the decision making body to act on the tentative map application specified by the Subdivision Map Act, the Subdivision Code, or other relevant law, may be extended by mutual consent of the subdivider and the decision making body.

d

Findings and Decision

The decision making body shall record its decision in writing with the findings upon which the decision is based. The City Council may approve an application for a tentative map, with or without conditions, supported by the findings

required by Section 9323c, the Subdivision Map Act and by the findings required by the California Environmental Quality Act. The decision making body may require, as a condition of its approval that the payment by the subdivider of all development fees required to be paid be made at the rate for such fees in effect at the time of permit issuance.

e

Post Approval Procedures

1.

Appeals. The decision of the Planning Commission may be appealed to the Tustin City Council pursuant to Section 9321h. The decision of the City Council is final.

2.

Expirations. The approval of a tentative map shall expire within twenty-four (24) months after its approval or conditional approval, or after any extension of period of time not to exceed an additional twelve (12) months, or such other period as may be authorized by State Law. Prior to the expiration of said period, or any extension granted pursuant to this section, the subdivider shall cause the subdivision, or any part thereof, to be surveyed, and a final map to be prepared in accordance with the tentative map as approved, and filed in accordance with Government Code Section 66456 et seq.

3.

Extensions. The subdivider may request an extension of the expiration date of the approved or conditionally approved tentative map by filing a written request with the Department and paying applicable fees as established by City Council resolution. The filing of such application automatically extends the map until the extension is acted on. The Director shall determine whether sufficient evidence was provided in the application that there are no changed circumstances and/or that the subdivider has made a good faith effort to establish the subdivision. Extension(s) not exceeding an aggregate total of 36 months may be approved, conditionally approved or disapproved. No extension shall be granted that would extend the tentative map more than six years beyond the date of the resolution adopted by the decision making body approving or conditionally approving the tentative map unless otherwise authorized by State Law. As a condition to granting an extension of time, the Director or, upon appeal, the City Council may require compliance with any additional requirements deemed necessary to carry out the spirit and intent of this Subdivision Code. The period of extension specified in this section shall be in addition to any extension authorized by Government Code Section 66452.6(a). The subdivider may appeal the decision of the Director if filed with the City Clerk within 15 calendar days of the date of the action.

(Ord. No. 1430, Sec. 2, 9-17-13)

9324 - VESTING TENTATIVE PARCEL AND TRACT MAPS

a

Purpose

The purpose of this section is to provide for the submittal and processing of a complete application for vesting tentative parcel and tract maps for the subdivision of land in compliance with the Subdivision Map Act, the Subdivision Code, and the City's Subdivision Manual.

b

Applicability, Filing and Processing

Whenever a provision of the Subdivision Map Act or the Subdivision Code requires or authorizes the filing of a tentative map, a vesting tentative map may be filed instead, in accordance with the provisions herein. The filing of a vesting tentative map, as opposed to a tentative map shall not be a prerequisite to any approval for any proposed subdivision, permit for construction, or work preparatory to construction.

Except as provided in this section, a vesting tentative map shall be filed in the same form and have the same contents, accompanying data and reports and shall be processed in the same manner as set forth in Section 9323 and shall have printed conspicuously on its face the words "Vesting Tentative Map."

c

Rights of a Vesting Tentative Map

1.

Subject to the time limits established by Section 9323 of this Code, the approval or conditional approval of a vesting tentative map shall confer a vested right to proceed with development in substantial compliance with the ordinances, policies, and standards as described in Section 66474.2 of the Subdivision Map Act. However, if Section 66474.2 is repealed, the approval of a vesting tentative map shall confer a vested right to proceed with development in substantial compliance with the ordinances, policies, and standards in effect at the time the vesting tentative map is approved or conditionally approved.

2.

A permit, approval, extension, or entitlement sought after approval of a vesting tentative map may be conditioned or denied if any of the following are determined:

a)

A failure to do so would place the residents of the subdivision or the immediate community, or both, in a condition dangerous to their health or safety, or both; or

b)

The condition or denial is required to comply with state or federal law.

3.

The rights referred to herein shall expire if a final map is not approved prior to the expiration of the vesting tentative map. If the final map is approved, these rights shall last for the following periods of time:

a)

An initial time period of one (1) year beyond the recording of the final map. When several final maps are recorded on various phases of a project covered by a single vesting tentative map, the one (1) year initial time period shall begin for each phase when the final map for that phase is recorded. All of the said final maps must be recorded within the time period set forth in Section 9323.f. (Post Approval Procedures) or the vesting tentative map approval shall expire for those parcels for which final maps are not timely recorded.

b)

The one (1) year initial time period shall be automatically extended by any time used for processing a complete application for a grading permit or for design review, if the time used by the City to process the application exceeds 30 calendar days from the date that a complete application is filed. At any time prior to the expiration of the one (1) year initial time period, the subdivider may apply for a one-year extension. The Director shall approve, conditionally approve

or deny the request. The subdivider may appeal the decision of the Director, if filed with the City Clerk within 15 calendar days of the date of the action.

c)

If the subdivider submits a complete application for a building permit prior to the expiration of the vesting tentative map, the rights referred to herein shall continue until the expiration of that permit, or any extension of that permit.

4.

An approved vesting tentative map shall not limit the City from imposing reasonable conditions on subsequent required approvals or permits necessary for the development in accordance with subdivision c(2) of this section.

(Ord. No. 1430, Sec. 2, 9-17-13)

9325 - FINAL MAPS

a

Purpose

The purpose of this section is to provide for the submittal and processing of final maps in compliance with Subdivision Map Act and the Subdivision Code.

b

Requirements

An application for a final map may be filed with the Department in compliance with 9321.c (Application Filing and Fees). The final map shall be prepared in a manner acceptable to the City Engineer and shall contain the information identified in the Professional Land Surveyor's Act, Subdivision Map Act, the Subdivision Code, and the City's Subdivision Manual, unless waived by the Director.

Final map submittals shall be accompanied by the following data and reports. The Director, City Engineer or City Attorney may also require additional materials, exhibits, data or information as deemed necessary to accomplish the purposes of the Subdivision Map Act, Subdivision Code, and Subdivision Manual. Final map applications shall be determined to be complete by the Director, only when the following actions have been completed:

1.

Applications Forms. All necessary application forms, materials and exhibits identified in the City's Subdivision Manual (including a formal "Owner's Consent" form are accepted by the Department as complete;

2.

Improvement Plans. The subdivider has either completed the required improvements, or entered into an agreement with the City committing to do the required improvements, as required by Section 9332 (Improvements) of this code and by conditions of the tentative map;

3.

Title Report. The subdivider has submitted a certificate of title, a policy of title insurance, or title guarantee issued by a title company authorized by the laws of the State to write the same, showing the names of all persons having any record title interest in the land to be subdivided, together with the nature of their respective interests therein accepted as adequate by the Department. Said title report shall be current within three (3) weeks of the submittal of the final map

and be updated every year unless otherwise requested by the Director from the date of the original submittal until final action on the application is taken;

4.

Survey. Final Maps shall be based on a field survey in conformity with the Professional Land Surveyor's Act. The survey of the land to be subdivided shall be made by a registered civil engineer authorized to practice land surveying or licensed land surveyor. All monuments, property lines, centerlines of streets, alleys and easements adjoining or within the subdivision shall be tied into the survey. The allowable error of closure on any portion of the final map shall not exceed 1/10,000 for field closures and 1/20,000 for calculated closures.

At the time of making the survey for the final map, the engineer or surveyor shall set sufficient durable monuments to conform with the standards described in Section 8771 of the Business and Professions Code so that another engineer or surveyor may readily retrace the survey. At least one (1) exterior boundary line shall be monumented prior to recording the final map. Other monuments shall be set prior to recording as required by the City Engineer.

5.

Tax Certificate. The subdivider has submitted a certificate from the County Tax Collector stating that all taxes or special assessments collected as taxes due have been paid or that a tax bond or other adequate form of security assuring payment of all taxes or special assessments which are a lien but not yet payable has been filed with the County;

6.

Dedications and Easements. All dedications or easements have been made by certificate on the final map unless use of a separate instrument for such dedication has been approved by the City Engineer. Deeds for off-site easements or rights-of-way required for road or drainage purposes which have not been dedicated on the final rights of entry or permanent easements across private property outside of the subdivision permitting or granting access to perform necessary construction work and permitting the maintenance of the facility have been accepted as adequate;

7.

Traverse Closures. Traverse closures for the boundary blocks, lots, easements, street centerlines and monument lines have been accepted as adequate;

8.

Governing Documents. For a common interest development within the meaning of Sections 1350 et seq. of the State Civil Code, conditions and restrictions containing the provisions described in Section 1353 of the Civil Code, and all other governing documents for the subdivision as are appropriate pursuant to Section 1363 of the Civil Code have been provided. All subdivisions other than a common interest development shall include any Declaration of Covenants, Conditions and Restrictions proposed in connection therewith. All documents shall be subject to review and approval by the Director of Community Development and City Attorney;

9.

Guarantee of Title. A guarantee of title, in a form acceptable to the City Attorney, has been issued by a competent title company to and for the benefit and protection of the City, which shall be maintained complete up to the instant of recording of the final map, guaranteeing that the names of all persons who consent is necessary to pass a clear title to the land being subdivided, and all public easements being offered for dedications, and all acknowledgements thereto, appear on the proper certificates and are correctly shown on the map, both as to consents as to the making thereof and affidavits of dedication where necessary;

10.

Improvement Agreement. In the event sewer, water, drainage, grading, paving, or other required improvements have not been completed prior to the presentation of the final map, an agreement has been filed for the improvement thereof and accepted as adequate;

11.

Prior to recordation of a final map, street names shall be identified and approved by the Director in accordance with the Subdivision Manual.

12.

In addition to the normal full size plan submittal, the approved version of all final maps shall be submitted in computer aided design and drafting (CADD) format consistent with CADD conventions and guidelines established by the City Engineer.

13.

Liability Agreement and Insurance. A hold-harmless agreement obligating the subdivider to hold the City and its officers, agents and employees harmless from any liability for damages or claims for damages for personal injury or death to any person, and for injury to property which arise from the operations of the subdivider and/or the subdivider's subcontractors in connection with the subdivision has been filed and accepted by the City. A certificate of insurance reporting to the City the amount of insurance the subdivider carries for the subdividers' own liability for damages or claims for damages for personal injury or death to any person, and for injury to property which arise from the operations of the subdivider or subcontractors in connection with the subdivision naming the City as an additional insured has been filed and accepted by the City. The agreement and certificate required by this subsection shall be subject to prior review and approval by the City Engineer and City Attorney;

14.

Fees and Deposits. All fees and/or deposits have been submitted and accepted; and

15.

Corrections. Any and all corrections and/or additions to the final map have been made and are acceptable to the City Engineer.

c

Multiple Final Maps

Multiple final maps relating to an approved or conditionally approved tentative map may be filed prior to the expiration of the tentative map if the subdivider, at the time the tentative map application is filed, notifies the Director of Community Development in writing of the subdivider's intention to file multiple final maps on the tentative map. In providing the notice, the subdivider shall not be required to define the number or configuration of the proposed multiple maps. If the subdivider did not provide written notice of its intent to file multiple final maps at the time of the tentative map application was filed, multiple final maps may only be filed with the concurrence of the Director. The right of the subdivider to file multiple final maps shall not limit the City's authority to impose reasonable conditions relating to the filing of multiple maps. Each final map which constitutes a part, or unit, of the approved or conditionally

approved tentative map shall have a separate subdivision number. The subdivision improvement agreement executed by the subdivider shall provide for the construction of improvements as required to constitute a logical and orderly development of the whole subdivision.

d

Application Processing, Review and Approval

Each application shall be analyzed by the Department to ensure that the application is consistent with the purpose and intent of the Subdivision Map Act, the Subdivision Code, the Subdivision Manual, and any conditions of approval of the tentative map. Upon determination of a complete final map the Director shall approve or disapprove the final map within the time frames established by the Subdivision Map Act. The Director shall record the decision in writing with the findings upon which the decision is based. An approval shall be based upon a finding that the final map is in substantial compliance with the requirements of the Subdivision Map Act, the Subdivision Code, the tentative map and all conditions thereof.

In conjunction with Director approval of a final map, the City Engineer shall have the authority to accept, accept subject to improvement, or reject any offer of dedication. If at the time the final map is approved, any streets, paths, alleys, public utility easements, rights-of-way for local transit facilities, or storm drainage easements are not accepted by the City Engineer, the offer of dedication shall remain open and the City Engineer may at any later date, and without further action by the subdivider, rescind the action and accept and open the streets, paths, alleys, rights-of-way for local transit facilities, or storm drainage easements, which acceptance shall be recorded in the office of the County Recorder.

The City Engineer is also authorized to accept any dedications lying outside the subdivision boundary which requires a separate grant deed. The acceptance shall be recorded in the office of the County Recorder.

e

Post Approval Procedures

1.

City Engineer Signature. The subdivider shall submit to the City Engineer the original map and any duplicates per County requirements, corrected to its final form and signed by all parties required to execute the certificates on the map. Original signatures shall appear on the original drawing and on the blueline duplicate. Upon receipt of all required certificates and submittals, the City Engineer shall sign the appropriate certificates and transmit the original map to the County Recorder.

2.

Filing with the County Recorder. Upon approval of the final map by the Director, and signature by the City Engineer, the City Clerk shall execute the appropriate certificate on the certificate sheet and shall, subject to the provisions of Section 66464 of the Subdivision Map Act, transmit the map, or have an authorized agent forward the map, to the County Recorder. After recordation of the final map, the subdivider shall forward one electronic copy in PDF (portable document format) of the recorded final map to the City Engineer.

(Ord. No. 1430, Sec. 2, 9-17-13)

a

Purpose

The purpose of this section is to provide for the submittal and processing of subdivided property reverted to acreage pursuant to the provisions the Subdivision Map Act, the Subdivision Code, and the Subdivision Manual. This section shall apply to final maps.

Subdivisions may also be merged and resubdivided without reverting to acreage pursuant to Section 66499.20-½ of the Subdivision Map Act and the Subdivision Code.

b

Initiation of Proceedings.

Proceedings to revert subdivided property to acreage may be initiated by resolution of the City Council or with the submission of a formal application by all of the owners of record of the property.

c

Applicability and Requirements

A complete application shall be submitted to the Department that shall contain the information required by the City's Subdivision Manual and any other information deemed necessary by the Director or City Engineer to initiate and conduct the proceedings.

d

Application Processing

A complete application for a reversion to acreage shall be scheduled for a public hearing before the Council following receipt of a recommendation on the matter by the Planning Commission. Noticing of the public hearing will be given in compliance with 9321.g (Public Hearings).

e

Findings and Decision

The Council shall record its decision in writing with the findings upon which the decision is based. The Council may approve the reversion to acreage, with or without conditions, supported by the findings required by Section 66499.16 of the Subdivision Map Act. The Council shall require as conditions of the reversion:

1.

Dedication or offers of dedication for streets, public rights-of-way or easements necessary to accomplish the purposes of the Subdivision Code;

2.

The retention of all or a portion of previously paid subdivision fees, deposits or improvement securities if the same are necessary to accomplish any of the purposes or provisions of the Subdivision Map Act or the Subdivision Code; and,

3.

Such other conditions as are necessary to accomplish the purposes or provisions of the Subdivision Map Act or the Subdivision Code or necessary to protect the public health, safety or welfare.

f

Post Approval Procedures

City Engineer Signature. The subdivider shall submit to the City Engineer the original tracing of the map and any duplicates per County requirements, corrected to its final form and signed by all parties required to execute the certificates on the map. Original signatures shall appear on the original drawing and on the blue line duplicate. Upon receipt of all required certificates and submittals, the City Engineer shall sign the appropriate certificates and transmit the original map to the City Clerk. When reversion becomes effective, all fees and deposits not retained per Section 9326.e (Findings and Decision) must be returned.

2.

Filing with the County Recorder. Upon approval of the final map by the Council, and signature by the City Engineer, the City Clerk shall execute the appropriate certificate on the certificate sheet and shall, subject to the provisions of Section 66464 of the Subdivision Map Act, transmit the map, or have an authorized agent forward the map, to the County Recorder.

(Ord. No. 1430, Sec. 2, 9-17-18)

a

Purpose

The purpose of this section is to provide for the submittal and processing of a complete application for parcels to be merged in accordance with the Subdivision Map Act, the Subdivision Code, and the City's Subdivision Manual.

b

Applicability

Except as provided in Section 66451.11(b)(A) through (E), of the Subdivision Map Act, two (2) or more contiguous parcels or units of land held by the same owner may be merged, if any one of the parcels or units of land does not conform to the minimum parcel or lot size required by the City's Zoning Code and that the merger is otherwise consistent with the purposes of the Subdivision Code, the Zoning Code, and the general plan, and if all of the following requirements are satisfied:

1.

At least one (1) of the affected parcels or units of land is undeveloped with any structure for which a building permit was issued or for which a building permit was not required at the time of construction, or is developed only with an accessory structure or accessory structures, or is developed with a single structure other than an accessory structure which is also partially sited on a contiguous parcel or unit of land.

2.

With respect to any affected parcel or unit of land, one (1) or more of the following conditions exists:

a)

The parcel comprises less than five thousand (5,000) square feet in area at the time of the determination of merger;

b)

The parcel was not created in compliance with applicable laws and ordinances in effect at the time of its creation;

c)

The parcel does not meet current standards for sewage disposal and domestic water supply;

d)

The parcel does not meet slope stability standards;

e)

The parcel has no legal access which is adequate for vehicular and safety equipment access and maneuverability;

f)

The parcel's development would create health or safety hazards; or,

g)

The parcel is inconsistent with the General Plan, Zoning Code, and any applicable specific plan, other than minimum lot size or density standards.

3.

The owner of the affected parcels has been notified of the merger proposal pursuant to Section 66451.13 of the Subdivision Map Act, and is afforded the opportunity for a hearing pursuant to Section 66451.14 of the Subdivision Map Act. For purposes of determining whether contiguous parcels are held by the same owner, ownership shall be determined as of the date that the notice of intention to determine status is recorded in compliance with 9327.c1 (Notice of Intention to Determine Status). Subsection 2 shall not apply if any of the conditions stated in Section 66451.11(b)(A) through (E) of the Subdivision Map Act exist.

c

Parcel Mergers Initiated by the City

1.

Notice of Intention to Determine Status.

Prior to recording a notice of merger, a notice of intention to determine status shall be prepared by the Director and delivered to the current owner of record by certified mail, unless the requirement for notice has been waived by the owner pursuant to 9327b3. The notice shall state that the affected parcels or units of land may be merged pursuant to the Subdivision Code and that, within thirty (30) calendar days from the date the notice of intention was recorded, the owner may request a hearing before the Planning Commission to present evidence that the property does not meet the criteria for merger. The Notice of Intention to Determine Status shall be filed with the County Recorder by the Director on the same day that the notice is mailed to the property owner.

2.

Hearing on Determination of Status.

The owner of the affected property may file a written request for hearing by the Planning Commission within thirty (30) calendar days after recording of the notice of intention to determine status. Upon receipt of the request, the Department shall set a time, date and place for consideration by the Planning Commission and notify the owner of such hearing by certified mail. The Planning Commission shall consider the matter within sixty (60) calendar days following the receipt of the owner's request, or may be postponed or continued by mutual consent of the Director and the property owner.

The Planning Commission shall provide the property owner with an opportunity to present any evidence that the affected property does not meet the requirements for merger specified in the Subdivision Code.

After consideration of the evidence presented, the Planning Commission shall determine whether the affected parcels are to be merged or are not to be merged and shall notify the owner of the determination.

3.

Determination of Merger.

If the Planning Commission makes a determination that the parcels are to be merged, the Director shall notify the owner in writing by certified mail, and a notice of merger shall be filed with the County Recorder by the Director within thirty (30) calendar days of the conclusion of the Commission's action, unless the decision has been appealed in compliance with 9327.e (Appeal). The notice of merger shall specify the name of the record owner and a description of the property. The notice of merger under the Subdivision Code shall be in a form approved by the Director prior to being filed for record with the County Recorder.

If the Planning Commission makes a determination that the parcels shall not be merged, a release of the notice of intention to determine status shall be filed with the County Recorder by the Director within thirty (30) calendar days after the Commission's determination, unless the decision has been appealed in compliance with 9327.e (Appeal), and a clearance letter shall be delivered to the owner by certified mail.

4.

Determination When No Hearing is Requested.

If the owner does not file a request for a hearing pursuant to 9327.b3, the Director shall make a determination that the parcels are or are not to be merged. If they are to be merged, a notice of merger shall be filed, unless the decision has been appealed in compliance with 9327.e (Appeal), with the County Recorder by the Director within ninety (90) calendar days after the mailing of the notice of intention to determine status in compliance with 9327.c1 (Notice of Intention to Determine Status).

d

Parcel Mergers Initiated by the Property Owner

If the merger of contiguous parcels or units of land is initiated by the record owner, the owner may waive in writing the right for consideration by the Planning Commission and to all notices required by the Subdivision Code. Upon receipt of such waiver, the Director shall make a determination that the parcels are or are not to be merged. If they are to be merged, the Director shall simultaneously file with the County Recorder a notice of intention to determine status, the waiver of right of hearing and notice, and a notice of merger.

e

Appeal

The decision of the Director or Planning Commission shall be considered final unless an appeal is filed in compliance with 9321.h (Appeals).

(Ord. No. 1430, Sec. 2, 9-17-13)

9328 - CORRECTION AND AMENDMENT OF MAPS

a

Tentative Maps

Prior to final map approval, the City or the subdivider may request amendments to the approved tentative map, including vesting tentative maps, or conditions of approval. The Director shall determine whether a proposed amendment is a substantial or a minor amendment.

1.

Substantial Changes Proposed to an Approved Tentative Map.

Substantial changes proposed to an approved tentative map shall only be permitted upon the filing and responsible decision maker approval of a new tentative map, as specified in the Subdivision Map Act, and the Subdivision Code.

2.

Changes in Conditions of Approval, Minor Corrections, and Amendments to an Approved Tentative Map.

Changes in conditions of approval and minor corrections and amendments to an approved tentative map may be approved by the Director upon the filing of an application and paying applicable fees, as established by Council resolution provided that:

a)

No lots, units, or building sites or structures are added;

b)

The changes are consistent with the intent and spirit of the original tentative map approval; and

c)

There are no resulting violations of the Tustin General Plan, Zoning Code, and applicable Specific Plan, the Subdivision Code, or the Subdivision Map Act.

A correction or amendment of a map shall be indicated on the tentative map. An approval of a request for minor corrections and amendments shall not alter the expiration date of the tentative map unless an application for extension is concurrently approved.

b

Final Maps

1.

After a final map is filed in the office of the County Recorder, the map may be amended by a certificate of correction or an amending map for any of the following purposes:

a)

To correct an error in any course or distance shown thereon; or

b)

To show any course or distance that was omitted therefrom; or

c)

To correct an error in the description of the real property shown on the map; or

d)

To indicate monuments set after the death, disability, retirement from practice or replacement of the engineer or surveyor charged with responsibilities for setting monuments; or

e)

To show the proper location or character of any monument which has been changed in location or character, or originally was shown at the wrong location or incorrectly as to its character; or

f)

To correct any additional information filed or recorded pursuant to Section 66434.2 of the Subdivision Map Act, if the correction does not impose any additional burden on the present fee owners of the real property and does not alter any right, title, or interest in the real property reflected on the recorded map; or

g)

To correct any other type of map error or omission as approved by the County Surveyor or City Engineer that does not affect any property right, including, but not limited to, lot numbers, acreage, street names, and identification of adjacent record maps. As used herein, "error" does not include changes in courses or distances from which an error is not ascertainable from the data shown on the final map; or

h)

To modify conditions of approval if the Director finds that:

(1)

There are changes in circumstances which make any or all of the conditions of such map no longer appropriate or necessary;

(2)

The modifications do not impose any additional burden on the present fee owner of the property;

(3)

The modifications do not alter any right, title or interest in the real property reflected on the recorded map; and

(4)

The map as modified conforms to the required findings of approval specified in Section 9323c of this code.

2.

The amending map or certificate of correction shall be prepared by a registered civil engineer or licensed land surveyor. The form and contents of the amending map shall conform to the requirements of the Subdivision Map Act, Subdivision Code, and the City's Subdivision Manual. The amending map or certificate of correction shall set forth in detail the corrections made and show the names of the present fee owners of the property affected by the correction on the date of the filing or recording of the original recorded map. The City Engineer shall examine the amending map or certificate of correction within twenty (20) working days of submittal for compliance with the provisions of the Subdivision Map Act, Subdivision Code, and the City's Subdivision Manual and shall either certify it and file it with the office of the County Recorder or return it with a written statement of the changes necessary to make it conform to the

requirements of the Subdivision Map Act, Subdivision Code, or the City's Subdivision Manual. If the resubmitted corrections are approved, the City Engineer shall have ten (10) working days to present it to the County Recorder for recordation.

3.

Modifications made pursuant to Section 9328b1(h) shall be set for public hearing before the responsible decision maker consistent with the noticing provisions of 9321.g (Public Hearings). The hearing by the responsible decision maker shall be confined to consideration of, and action on, the proposed modification. Modifications identified in Section 9328b1(a) through (g), shall be reviewed and certified by the City Engineer.

4.

Upon filing of the amending map or certificate of correction by the City Engineer, the County Recorder shall index the names of the fee owners and the appropriate subdivision designation shown on the amending map or certificate of correction in the general index and map index. respectively. Thereafter, the original map shall be deemed to have been conclusively so corrected, and thereafter shall impart constructive notice of all such corrections in the same manner as though set forth upon the original map.

(Ord. No. 1430, Sec. 2, 9-17-13)

a)

The provisions of this Section apply to the processing of parcel maps for urban lot splits pursuant to California Government Code Section 66411.7 and Chapter 9280 of this Code.

b)

Approval. Notwithstanding the Subdivision Map Act or any other provision of this Section, an application for a parcel map for an urban lot split is approved or denied ministerially, by the City's Director of the Community Development Department, without discretionary review. A tentative parcel map for an urban lot split is approved ministerially if it complies with the applicable objective requirements of Section 9280 and the Subdivision Map Act. The tentative parcel map may not be recorded. A final parcel map is approved ministerially as well, but not until the owner demonstrates that the required documents have been recorded, such as the deed restriction and easements.

c)

Guidance and Procedures. The Community Development Director has the authority to interpret and establish guidance and procedures for the processing, approving, and finalizing parcel maps for urban lot splits, which are consistent with state and local law.

(Ord. No. 1523, Sec. 5, 8-16-22)

PART 3 - DEDICATIONS, IMPROVEMENTS AND ENFORCEMENT

a

Dedication of Streets, Alleys, Bicycle Paths and Other Public Rights-of-way or Easements

To be consistent with the Circulation Element of the General Plan and to the extent permitted by Law, the subdivider may be required, as a condition of approval of a tentative map, to dedicate or make an irrevocable offer of dedication

of real property both on- and off-site required for public use or benefit, including, but not limited to, streets and alleys (including access rights), drainage, public greenways, parks, bicycle paths, trails, scenic easements, public utility easements, local transit facilities as provided in Section 66475.2 of the Subdivision Map Act, and other public easements. In addition, the subdivider may also be required to improve or agree to improve all streets and alleys, including access rights, drainage, public greenways, bicycle paths, trails, public utility easements, and other public easements. Improvements shall be made in accordance with 9332 (Improvements).

b

Waiver of Direct Access Rights

The City may require as a condition of approval of a tentative map that dedications or offers of dedication of streets include a waiver of direct access rights to any such street from any property within or abutting the subdivision. Upon acceptance of the dedication, such waiver shall become effective in accordance with its provisions.

c

Dedications/Fee Title

All dedications of property to the City for public purposes shall be made in fee title, except that, in the City's discretion, a grant of an easement may be accepted for the following purposes: Open space easements, scenic easements or public utility easements. All dedications in fee and grants of easements shall be free of liens and encumbrances except for those which the City, in its discretion, determines would not conflict with the intended ownership and use. The City may elect to accept an irrevocable offer of dedication in lieu of dedication of fee title.

d

Parkland Dedication

To implement the Conservation/Open Space/Recreation Element of the General Plan which contains policies and standards for parks and recreational facilities, the subdivider shall dedicate land or pay a fee in lieu thereof, or a combination of both, at the option of the City except as otherwise provided in Government Code Section 66477, for the purpose of developing new or rehabilitating existing neighborhood or community parks and recreational facilities to serve the subdivision, and in accordance with the standards and formula contained in this section.

1.

General Provisions

a)

Applicability. The provisions of this section shall be applicable to the division of real property defined as a "subdivision" by Section 66424 of the Subdivision Map Act.

b)

Exceptions. Park land dedications or fees in lieu thereof shall not be required for the following:

(1)

Industrial subdivisions.

(2)

Commercial subdivisions.

(3)

Condominium projects or stock cooperatives in an existing apartment building which is more than five (5) years old and no new dwelling units are added.

(4)

Subdivisions containing less than five (5) parcels and not used for residential purposes.

c)

Waiver. Parkland dedication fees may be waived by the City Council in its discretion upon the submission and approval of agreements for specific projects designed and guaranteed for low income, senior and handicapped citizen occupants.

2.

Standards and formula for land dedication:

a)

The public interest, convenience, health, welfare, and safety require that three (3) acres of usable park land per one thousand (1,000) potential population be devoted to local park and recreational purposes.

b)

When the requirements of this section are complied with solely on the basis of the dedication of parkland, the minimum amount of land to be provided shall be computed by multiplying the number of proposed dwelling units by the parkland acres per dwelling unit in accordance with the appropriate density classification in the following table:

Source: Tustin General Plan Land Use Element, as amended

These density ranges, average person per dwelling unit and/or parkland acreage per dwelling unit shall be used to achieve a parkland dedication rate of three (3) acres of parkland per one thousand (1,000) persons unless alternate density ranges, average persons per dwelling unit and/or parkland acreage per dwelling unit are established in an adopted Specific Plan adopted in compliance with Government Code Section 65450 et seq., Disposition and Development Agreement in compliance with California Community Redevelopment Law, or other agreement.

3.

Fees in lieu of dedication.

When there is no public park or recreational facility required within the proposed subdivision, the subdivision is less than fifty (50) parcels, or the project is a conversion of an existing apartment complex to multiple-owner occupancy not exempted herein, the subdivider shall pay a park fee, on a per unit basis, reflecting the value of land required for park

purposes. The value of the amount of such fee shall be based upon the fair market value of the amount of land which would otherwise be required for dedication.

The fair market value shall be determined by a Master Appraisal Institute (MAI) Designated member of the Appraisal Institute acceptable to the City and at the expense of the subdivider; and the determination shall consider the value of a buildable acre of land at the time the final map is to be recorded, as if otherwise the land would be fully developed to the residential density shown on the tentative map for which the fees are required. If more than one (1) year elapses between the appraisal and recording of the final map, the City will require that a new appraisal be prepared at the expense of the subdivider. For purposes of this section, the determination of fair market value of a buildable acre shall consider, but not necessarily be limited to, the approval of and conditions of the tentative subdivision map, the General Plan, zoning, property location, off-street improvements facilitating use of the property, and site characteristics of the property.

If a subdivider objects to the fair market value as determined by the Designated member of the Appraisal Institute, an appeal may be made to the Planning Commission. The subdivider shall have the burden of proof in contesting the appraised value.

Nothing in this section shall prohibit the dedication and acceptance of land for park and recreation purposes in subdivisions of fifty (50) parcels or less, where the subdivider proposes such dedication voluntarily and the dedication and land is acceptable to the responsible decision maker.

For subdivisions in excess of fifty (50) parcels, the responsible decision maker may elect to receive a fee in lieu of land dedication. The value of the amount of such fee shall be based upon the fair market value of the amount of land which would otherwise be required for dedication as determined above.

Notwithstanding the foregoing, dedication of land may be required by the City for a condominium, stock cooperative, or community apartment project which exceeds fifty (50) dwelling units, regardless of the number of parcels.

(Ord. No. 1524, Sec. 69, 8-16-22)

4.

Combination of dedication and fees.

Whenever the requirements of this section are complied with by both the provision of parkland and the payment of a park fee, the amount of the park fee shall be computed by determining the required amount of parkland in accordance with the provision of subsection d.2, and subtracting the amount of parkland actually provided. The remainder shall be converted to "fee" on a per unit basis in accordance with the provisions of subsection d.3.

5.

Credit for private open space.

Where private open space for park and recreational purposes is provided in a proposed subdivision and such space is to be privately owned and maintained by the future residents of the subdivision, such areas may be credited against the requirement for dedication of parkland, as provided for in subsection d.2, provided the responsible decision maker finds it is in the public interest to do so, and that all of the following standards are met:

a)

That yards, court areas, setbacks and other open areas required to be maintained by the zoning and building regulations shall not be included in the computation of such private open space;

b)

That the private ownership and maintenance of the open space is adequately provided for by written agreement;

c)

That the use of the private open space is restricted for park and recreational purposes by recorded covenants which run with the land in favor of the future owners of property within the subdivision and which cannot be defeated or eliminated without the consent of the responsible decision maker;

d)

That the proposed private open space is reasonably adaptable for use for park and recreational purposes, taking into consideration such factors as size, shape, topography, geology, access, including provisions for bicyclists, and location of the private open space land;

e)

The facilities proposed for the open space are in substantial accordance with the provision of the Recreational Element of the General Plan, and are approved by the responsible decision maker;

f)

That the open space for which one hundred (100) percent credit is given is a minimum of one (1) acre and provides at least one (1) of the park basic elements listed below, or a combination of such and other recreation improvements that will meet the specific recreation needs of future residents of the area:

(1)

"Recreational open spaces" which are generally defined as park areas for active recreation pursuits such as soccer, baseball, softball, and football, and have at least one (1) acre of maintained turf with less than five (5) percent slope.

(2)

"Court areas" which are generally defined as tennis courts, badminton courts, basketball courts, shuffleboard courts, or similar hard-surfaced areas especially designed and exclusively used for court games.

(3)

"Recreational swimming areas" which are defined generally as fenced areas devoted primarily to swimming, diving, or both. They must also include decks, lawn area, bathhouses, or other facilities developed and used exclusively for swimming and diving and consisting of no less than fifteen (15) square feet of water surface area for each three (3) percent of the population of the subdivision with a minimum of eight hundred (800) square feet of water surface area per pool, together with an adjacent deck and/or lawn area twice that of the pool.

(4)

"Recreation buildings and facilities" which means facilities designed and primarily used for the recreational needs of residents of the development. Partial credit may be awarded for sites which do not incorporate the required basic elements or are less than one (1) acre when deemed beneficial to the community by the responsible decision maker.

Because private common areas meet only a portion of resident needs, the computed credit value shall not exceed twenty-five (25) percent of the otherwise required public land dedication or in lieu fees.

The determination of the Planning Commission as to whether credit shall be given and the amount of credit shall be final and conclusive, unless appealed to the City Council. The decision of the City Council is final.

6.

Credit for public park and recreational facility improvements.

a)

A subdivider may elect to provide improvements to land dedicated for public park or recreational use when a combination of fees and dedications are required. The responsible decision maker may credit the value of the improvements together with any equipment located thereon against the payment of fees or dedication of land required herein.

b)

Credit shall not be allowed for single-purpose commercial recreation facilities whether dedicated to the public or in private ownership.

7.

Choice of land dedication, improvement, fees, or combination.

a)

Procedure. The procedure for determining whether the subdivider is to dedicate, improve, pay a fee, or combination of methods shall be as follows:

(1)

At the time of filing a tentative map for approval, the subdivider of the property shall, as a part of such filing, indicate whether the subdivider desires to dedicate property for park and recreational purposes, improve the parkland, pay a fee in lieu thereof, or a combination of the foregoing. If the subdivider desires to dedicate land for this purpose, the subdivider shall designate the area thereof in the tentative map as submitted.

(2)

At the time of the tentative map approval, the responsible decision maker shall determine as a part of such approval, whether to require a dedication of land within the subdivision, payment of a fee in lieu thereof, accept improvement, or a combination of such methods.

(3)

Where dedication is required, it shall be accomplished in accordance with the provision of the Subdivision Map Act, Subdivision Code, and Subdivision Manual. Where fees are required, the same shall be deposited with the City prior to the approval of the final map. Open space covenants for private park or recreational facilities shall be submitted to the City prior to approval of the final map and shall be recorded contemporaneously with the final map.

b)

Determination. When land is proposed to be dedicated, the responsible decision maker shall determine the appropriateness of the land to be dedicated based upon the following:

(1)

The conservation/Open Space/Recreation Element of the City's General Plan; and

(2)

The topography, geology, access and location of land in the subdivision available for dedication; and

(3)

Size and shape of the subdivision and land available for dedication. The determination of the Planning Commission as to whether land shall be dedicated, fees charged, dedicated land improved, or any combination thereof, shall be final and conclusive, unless appealed to the City Council. In no event, may the dedications, amount of fees or value of improvements exceed the subdivider's dedication requirements as set forth in Section 9331.d.2 (Standards and Formula for Land Dedication) unless the subdivider voluntarily agrees. On subdivisions involving fifty (50) lots or less, only the payments of fees shall be required. The determination of the City Council is final.

8.

Responsibilities and Enforcement.

a)

It is the responsibility of each property owner who proposes to create residential building sites to provide an equitable portion of parklands as required by this Code. Dedications for the provision of parklands and/or the payment of fees shall commence at the earliest possible instance of land development planning. Where parkland is to be provided, such provisions shall be included, where applicable, in zone changes, planned community texts and development plans, tentative and final maps, and conditional use permits.

b)

It is the duty of the Director of Parks and Recreation to verify that the requirements of this part are complied with, and to notify all interested parties and agencies of such compliance.

c)

It is the duty of the Director of Community Development to enforce the provisions of this part that are applicable to the issuance of a building permit.

d)

The Director of Parks and Recreation shall prepare a schedule for approval by the City Council, specifying how and when it will use the land or fees, or both, to develop park and recreation facilities. Fees shall be committed within five (5) years of collection.

e)

Any required in-lieu fees for residential development shall be paid on the date of final inspection or certificate of occupancy, whichever occurs first. The City may require fees to be paid at the time of building permit issuance for non-residential development and on residential development (other than low income housing described in Government Code section 66007(b)(2)) if the fees will be used to construct a public improvement for which the City has established an account, the City Council has authorized expenditures from the account and the City has adopted a proposed construction schedule or to reimburse itself for funds already spent on the improvement.

9.

Limitation of use of land and fees.

The land and fees received under this section shall be used only for the purpose of providing park and recreational facilities to serve the area from which received, and the location of the land and amount of fees shall bear a reasonable

relationship to the use of the park and recreational facilities by the future inhabitants of the subdivision, the community, and the general area from which it is received.

e

Reservations

1.

General.

Based on the General Plan, or applicable specific plan, as a condition of approval of a tentative map, the subdivider may be required to reserve sites, appropriate in area and location, for parks, recreational facilities, fire stations, libraries or other public uses according to the standards and formula contained in this section.

2.

Standards for Reservation of Land.

Where a park, recreational facility, fire station, library, or other public use is shown on the General Plan or an adopted specific plan, the subdivider may be required by the City to reserve sites as so determined by the City in accordance with the policies and standards contained in the General Plan or the adopted specific plan. The reserved area must be of such size and shape as to permit the balance of the property within which the reservation is located to develop in an orderly and efficient manner.

The amount of land to be reserved shall not make development of the remaining land held by the subdivider economically infeasible. The reserved area shall be consistent with the General Plan or the adopted specific plan and shall be in such multiples of streets and parcels as to penmit an efficient division of the reserved area in the event that it is not acquired within the prescribed period.

3.

Procedure.

The public agency for whose benefit an area has been reserved shall, at the time of approval of the final map, enter into a binding agreement to acquire such reserved area within two (2) years after the completion and acceptance of all improvements, unless the period of time is extended by the Director upon mutual agreement.

4.

Payment to Subdivider.

The purchase price for the reserved area shall be the market value thereof at the time of the filing of the tentative map plus the taxes against the reserved area from the date of the reservation and any other costs incurred by the subdivider in the maintenance of the reserved area, including interest costs incurred on any loan covering the reserved area.

5.

Termination.

If the public agency for whose benefit an area has been reserved does not enter into a binding agreement in accordance with this section, the reservation of the area shall automatically terminate.

f

Local Transit Facilities.

As a condition of approval of a tentative map, the subdivider may be required to dedicate, or make an irrevocable offer of dedication, of land within the subdivision for local transit facilities such as shelters, benches, bus turnouts, landing pads, park-and-ride facilities, and similar items which directly benefit the residents of the subdivision, if (a) the subdivision as shown on the tentative map has the potential for two hundred (200) dwelling units or more if developed to the maximum density shown on the general plan or contains one hundred (100) acres or more, and (b) if the City finds that transit services are or will, within a reasonable time period, be made available to the subdivision. The irrevocable offer may be terminated as provided in subdivisions (c) and (d) of Section 66477.2 of the Subdivision Map Act.

dred (200) dwelling units or more if developed to the maximum density shown on the general plan or contains one hundred (100) acres or more, and (b) if the City finds that transit services are or will, within a reasonable time period, be made available to the subdivision. The irrevocable offer may be terminated as provided in subdivisions (c) and (d) of Section 66477.2 of the Subdivision Map Act.

Only the payment of fees in lieu of the dedication of land may be required in subdivisions that consist of the subdivision of airspace in existing buildings into condominium projects, stock cooperatives, or community apartment projects, as those terms are defined in Section 1351 of the Civil Code.

g

Bridges and Major Thoroughfares

1.

Purpose. The purpose of this section is to establish provisions for assessing and collecting fees as a condition of approval of a final map or prior to issuing a building permit for the purpose of defraying the actual or estimated cost of constructing bridges or major thoroughfares pursuant to Section 66484 of the Subdivision Map Act, and in order to implement the Circulation Element of the General Plan and, in the case of bridges, the transportation provisions thereof.

2.

Definitions. For the purpose of this section, the following words and phrases shall have the following meanings:

a)

"Construction" shall mean design, acquisition of right-of-way, administration of construction contracts, actual construction and inspections.

b)

"Major thoroughfare" shall mean a roadway as shown on the Circulation Element of the General Plan whose primary purpose is to carry through traffic and provide a network connecting to the state highway system.

3.

Payment of Fees Generally.

a)

Prior to filing a final map which includes land within an area of benefit established pursuant to this division, the subdivider shall pay or cause to be paid any fees established and apportioned to such property pursuant to this section for the purpose of defraying the actual or estimated cost of constructing bridges over waterways, railways, freeways or canyons or constructing major thoroughfares.

b)

At the time a building permit is issued for construction on any property within an area of benefit established pursuant to this section, the applicant for such permit shall pay or cause to be paid any fees established and apportioned pursuant to this section for the purpose of defraying the actual or estimated cost of constructing bridges over waterways, railways, freeways or canyons or constructing major thoroughfares, unless such fees have been paid pursuant to subsection c)(1) of this section.

c)

Notwithstanding the provisions of subsections 3.a) and 3.b) of this section:

(1)

Payment of bridge fees shall not be required unless the planned bridge facility is an original bridge serving the area or an addition to any existing bridge facility serving the area at the time of adoption of the boundaries of the area of benefit.

(2)

Payment of major thoroughfare fees shall not be required unless the major thoroughfares are in addition to, or a reconstruction of, any existing major thoroughfares serving the area at the time of the adoption of the area of benefit.

4.

Consideration in Lieu of Fees. Upon application by the subdivider or applicant for a building permit, the City Council may accept consideration in lieu of the payment of fees required pursuant to this section; provided that the City Council first finds, upon recommendation of the City Engineer, that the substitute consideration has a value equal to or greater than the fee; and provided further that the substitute consideration is in a form acceptable to the City Council.

5.

Public Hearing. Prior to establishing an area of benefit, a public hearing shall be held by the City Council at which time the boundaries of the area of benefit, the costs, whether actual or estimated, and a fair method of allocation of costs to the area of benefit and fee apportionment, and the fee to be collected, shall be established. Notice of the public hearing shall be given consistent with the provisions of Government Code Section 65091 and shall include preliminary information related to the boundaries of the area of benefit, estimated cost and the method of fee apportionment.

6.

Amount. The amount of fees and the areas of benefit established pursuant to this section may be established by resolution of the City Council.

7.

Exemptions. Notwithstanding the provisions of subsection 6, payment of such fees shall not be required for:

a)

The use, alteration or enlargement of an existing building or structure or the erection of one (1) or more buildings or structures accessory thereto, or both, on the same lot or parcel of land; provided that the total value, as determined by the Building Official, of all such alteration, enlargement or construction completed within any one (1) year period does not exceed one-half (½) of the current market value, as determined by the Building Official, of all existing buildings on such lot or parcel of land, and the alteration or enlargement of the building is not such as to change its classification of occupancy as defined by applicable sections of the California Building Code.

b)

The following accessory buildings and structures: private garages, children's playhouses, radio and television receiving antennas, windmills, silos, tank houses, shops, barns, coops and other buildings which are accessory to one-family or two-family dwellings.

8.

Protest.

a)

At any time not later than the hour set for hearing objections to the proposed bridge facility or major improvement, any person may file a protest against the proposed bridge facility or major thoroughfare or against the extent of the area to be benefitted by the improvements or against both of them. Such protests must be in writing and must contain a description of the property in which each signer thereof is interested, sufficient to identify such property, and, if the signers are not shown on the last equalized assessment roll as the owners of such property, must contain or be accompanied by written evidence that such signers are the owners of such property. All such protests shall be delivered to the City Clerk and no other such protests shall be considered. Any protest may be withdrawn, in writing, by the owners making such protests, at any time prior to the conclusion of the public hearing.

b)

If there is a written protest filed with the City Clerk by the owners of more than one-half (½) of the area of the property to be benefitted by the improvement, and sufficient protests are not withdrawn so as to reduce the area represented to less than one-half (½) of that to be benefitted, then the proposed proceedings shall be abandoned, unless by a fourfifths vote of all the members of the City Council the protest shall be overruled; and the City Council shall not, for one (1) year from the filing of that written protest, commence or carry on any proceedings for the same improvement, or that portion thereof so protested against, under the provisions of this section.

h

Supplemental Improvement Capacity

1.

As a condition of approval of a tentative map, there may be imposed a requirement that improvements installed by the subdivider for the benefit of the subdivision contain supplemental size, capacity, number or length for the benefit of property not within the subdivision and that those improvements be dedicated to the public. However, when such supplemental size, capacity, number or length is solely for the benefit of property not within the subdivision, the City shall, subject to the provisions of Sections 66486 and 66487 of the Subdivision Map Act, enter into an agreement with the subdivider to reimburse the subdivider for that portion of the cost of such improvements equal to the difference between the amount it would have cost the subdivider to install such improvements to serve the subdivision only and the actual cost of such improvements.

2.

The City Council shall determine the method for payment of the costs required by a reimbursement agreement, which method may include, but shall not be limited to, the following:

a)

The collection from other persons, including public agencies, using such improvements for the benefit of real property not within the subdivision, of a reasonable charge for such use.

b)

The contribution to the subdivider of that part of that cost of the improvement(s) that is attributable to the benefit of real property outside the subdivision and the levy of a charge upon the real property benefitted to reimburse the City for such costs, together with interest thereon, if any, paid to the subdivider.

c)

The establishment and maintenance of local benefit districts for the levy and collection of such charge or costs from the property benefitted.

3.

No charge, area of benefit or local benefit district shall be established unless and until a public hearing is noticed and held thereon by the City Council in accordance with the provisions of Government Code Section 65091 and the City Council finds that the charge, area of benefit or local benefit district is reasonably related to the cost of such supplemental improvements and the actual ultimate beneficiaries thereof.

4.

In addition to the notice required by Government Code Section 65091, written notice of the hearing shall be given to those who own property within the proposed area of benefit as shown on the last equalized assessment roll, and the potential users of the supplemental improvements insofar as they can be ascertained at the time.

i

Drainage Fees [Reserved]

j

Solar Access Easements [Reserved]

k

Interim School Facilities

1.

Authority, Purpose and Intent.

a)

This section is enacted pursuant to the authority of Section 65970 et seq. of the Government Code for the purpose of providing interim school facilities to alleviate conditions of overcrowding caused by new residential development.

2.

[Reserved]

3.

Action by School Districts. The governing body of an affected School District(s) may, from time to time, adopt a notice of findings and file the same with the City Clerk for consideration by the City Council that makes both of the following findings supported by clear and convincing evidence:

a)

That conditions of overcrowding exist in one or more attendance areas within the district which will impair the normal functioning of educational programs including the reason for the existence of those conditions.

b)

That all reasonable methods of mitigating conditions of overcrowding have been evaluated and no feasible method for reducing those conditions exists.

The notice of findings shall specify the mitigation measures considered by the school district, including a completed application to the Office of Public School Construction for preliminary determination of eligibility under the Leroy F. Greene State School Building Lease-Purchase Law of 1976, and include a schedule for land use of fees required by Section 65976 of the Government Code.

4.

Action by City Council. The notice of findings and schedule for land use of fees shall be made available to the public for 60 calendar days after the date of receipt by the City. Following the completion of the public review period but not later than 150 calendar days of the receipt of the notice of findings and schedule for land use of fees, the City Council shall either concur or not concur, or may extend the period to concur or not to concur for one 30-day period. Failure to act within the prescribed time period shall not be deemed as an act of City Council concurrence in the notice of findings. If it concurs in the notice of findings, the City Council shall not approve an ordinance rezoning property to a

residential use, grant a discretionary permit for residential use, or approve a tentative subdivision map for residential purposes, unless the City Council makes one of the following findings:

a)

That there are specific overriding fiscal, economic, social, or environmental factors which in the judgment of the City Council would benefit the City, thereby justifying the approval of a residential development; or,

b)

That the dedication of land, the payment of fees in lieu thereof, or a combination of both, for classroom and related facilities for elementary or high schools are being required as a condition to the approval of a residential development, in accordance with the provisions of Section 65974 of the Government Code.

The decision concerning whether to require the dedication of land, payment of fees of an appropriate combination shall be determined after consultation with the affected school district(s) concerning the needs of the school district(s) as they relate to the impacted school or schools.

The amount of any fee shall be in accordance with the provisions of Chapter 4.9 (commencing with Section 65995) of the Government Code, and shall be prescribed by resolution of the City Council, and shall be collected at the time of issuance of a building permit.

5.

Use of Fees and Land-Accounting.

a)

The school districts shall use the land and/or fees solely to alleviate the conditions of overcrowding within the affected attendance area.

The school districts shall annually provide to the City Council the report required by Section 65978 of the Government Code. If the report has not been filed as required, there shall be a waiver of any performance of the payment of fees or

the dedication of land. If it is determined that overcrowding conditions no longer exist, or the period of time for the dedication of land or the payment of fees has been completed, the City of Tustin shall cease levying any fee or requiring the dedication of any land pursuant to the Subdivision Map Act, Subdivision Code, and Subdivision Manual.

6.

City's Right to Disapprove Development or Require Other Fees. Nothing in this section shall be construed to limit the right of the City to disapprove new residential development for any lawful reason, including, but not limited to, the impact that such development may have on a school or schools within the school districts which cannot be alleviated by the provisions of this section.

l

Permanent Classroom Facilities

The City may not require, as a condition of approval of a tentative map for a residential subdivision, dedication of land or payment of in-lieu fees or a combination of both in order to provide permanent facilities for school purposes. Nothing in this chapter is intended as a limitation on the school districts' authority to directly levy a fee, charge, dedication or other form of requirement against any development project, pursuant to Section 53080 of the Government Code, in order to provide temporary and permanent facilities for school purposes.

m

Reimbursement to a Telephone Corporation or Cable Television System for Undergrounding or Relocation

Whenever the City imposes as a condition to its approval of a tentative map a requirement that necessitates replacing, undergrounding, or permanently or temporarily relocating existing facilities of a telephone corporation or cable television system, the subdivider shall reimburse the telephone corporation or cable television system for all costs for the replacement, undergrounding, or relocation. All of these costs shall be billed to the subdivider directly by the telephone corporation or cable television system after they are incurred, and shall include a credit for any required advance payments and for the salvage value of any facilities replaced. In no event shall the telephone corporation or cable television system be reimbursed for costs incurred in excess of the cost to replace the facilities with substantially similar facilities. In no event shall the City be obligated to pay such reimbursement.

(Ord. No. 1430, Sec. 2, 9-17-13)

a

General

The subdivider shall construct all required improvements, both on and off-site, in accordance with the standard engineering specifications and other approved standards as provided by this chapter and by the City Council's resolution or resolutions establishing such standards.

No final map shall be approved by the Director until the subdivider either completes the required improvements, or enters into an agreement with the City agreeing to do the work.

b

Required Improvements

General. All improvements as may be required as conditions of approval of the tentative map or by City ordinance or resolution, together with, but not limited to, the required improvements set forth below shall be required of all subdivisions. Requirements for construction of on-site and off-site improvements for subdivisions of four (4) or less parcels shall be noted in the parcel map, or waiver of parcel map or the subdivision improvement agreement recorded prior to or concurrent with the parcel map. Completion of improvements shall be in accordance with 9332.k (Completion of Improvements).

2.

Frontage Improvements. The frontage of each lot shall be improved to its ultimate adopted geometric section, including street structural section, curbs, sidewalks, driveway approaches and transitions.

3.

Storm Drainage. Stormwater runoff from the subdivision shall be collected and conveyed by an approved storm drain system. The storm drain system shall be designed for ultimate development of the watershed and shall be capable of collecting and conveying runoff generated by a 100-year flood. The storm drain system shall provide for the protection of abutting and off-site properties that would be adversely affected by any increase in runoff attributed to the development. Off-site storm drain improvements may be required to satisfy this requirement.

4.

Sanitary Sewers. Each unit or lot within the subdivision shall be served by an approved sanitary sewer system in accordance with the applicable provisions of this Code.

5.

Utilities. Each unit or lot within the subdivision shall be served by gas, electric, telephone and cablevision facilities.

6.

Underground Utilities. The provisions of this Subsection are in addition to, and not a substitute for other underground provisions of this Code.

a)

All existing and proposed utilities within the subdivision and along peripheral streets shall be placed underground except those facilities exempted by Public Utilities Commission regulations. Undergrounding shall be required for overhead lines on either side of peripheral streets.

b)

The subdivider may request that the undergrounding requirement along peripheral streets be waived. The City Engineer may, at his or her discretion, accept a fee in lieu of the undergrounding upon a determination that the amount of the fee is based upon the reasonable estimated cost of that portion of a future undergrounding project attributable to the subdivision. The requirement for undergrounding or payment of an in-lieu fee shall be a condition of approval of the tentative map. Any failure to include said condition shall not be deemed as an act of the City Council to waive the requirement, except as provided in Section 9332b6(c).

c)

Undergrounding requirements may be waived or modified by the City Council only upon finding:

(1)

The subdivision is within an area where existing utilities have not been undergrounded and that deferral will be allowed since undergrounding is impractical due to physical constraints, or the surrounding neighborhood is absent of similar improvements; and

(2)

Overhead utilities will have no significant visual impact.

d)

If the undergrounding requirements are waived as allowed by findings c)(1) and (2) above, the in-lieu fee as established by the City Engineer shall be made a condition of approval of the tentative map.

e)

In-lieu fees shall be deposited in a special undergrounding account to be used as approved by the City Council for future undergrounding of utilities throughout the City.

7.

Fencing. Each parcel or lot within the subdivision that is adjacent to property containing a public facility shall have an approved fence or wall adequate to prevent unauthorized access between properties.

8.

Other Improvements. Other improvements including, but not limited to, grading, street lights, traffic signals, fire hydrants, signs, street lines and markings, street trees and shrubs, landscaping, monuments, bicycle facilities and fences, or fees in lieu of any of the foregoing, shall also be required as determined by the City Engineer in accordance with this Code, the General Plan and the City standards and specifications.

9.

Off-Site Improvements. If the subdivider is required to construct off-site improvements on land in which neither the subdivider nor the City has sufficient title or interest to allow construction, the City shall, within one hundred twenty (120) calendar days of recording the final map, acquire by negotiation or commence condemnation of the land. If the City fails to meet the one hundred twenty (120) calendar day time limit, the condition for the construction shall be waived. Prior to approval of the final map, the City may require the subdivider to enter into an agreement to complete the off-site improvements at the time the City acquires title or an interest in the land.

The subdivider shall pay the cost of acquiring off-site land or an interest in the land required to construct the off-site improvements.

c

Deferred Improvement Agreements

1.

Subdivisions of Four (4) of Less Parcels. The frontage improvements along peripheral streets may be deferred when deemed necessary by the City Engineer. When improvements are deferred, the subdivider and/or the owner of the real property shall enter into an agreement with the City, in a form acceptable to the City Engineer and City Attorney, for the installation of all frontage improvements at a time in the future specified in the agreement. The agreement shall provide for the following:

a)

Construction of improvements shall commence within ninety (90) calendar days of the receipt of the notice to proceed from the City and shall be completed within the time specified by Section 9332.k.

b)

That in the event of a default by the subdivider and/or owner, the City is authorized to cause construction to be done and charge the entire cost and expense to the subdivider and/or owner, including interest from the date of notice of said cost and expense until paid.

c)

That the agreement shall be recorded with the County Recorder at the expense of the subdivider and/or owner and shall constitute notice to all successors and assigns of title to the real property of the obligations set forth therein, and shall also constitute a lien in such amount necessary to fully reimburse the City, including interest as provided above, subject to foreclosure in the event of a default in payment.

d)

That in event of litigation occasioned by any default of the subdivider and/or owner, the subdivider and/or owner agree to pay all costs incurred by the City, in successfully enforcing the obligation, including reasonable attorney's fees, and that the same shall become a part of the lien against the real property.

e)

The terms "subdivider" and "owner" shall include, respectively, not only the subdivider and the present owner of the real property but also heirs, successors, executors, administrators and assigns thereof, it being the intent of the parties that the obligations undertaken shall run with the real property and constitute a lien against it.

f)

Any other improvement security as required by Section 9332h.

g)

Any other provisions required by the City as reasonably necessary to effectuate the purposes and provisions of the Subdivision Map Act and this Code.

The agreement shall not relieve the subdivider or owner from any other specific requirements of the Subdivision Map Act, this Code or law. The construction of deferred improvements shall conform to the provisions of this chapter and all applicable articles of this code in effect at the time of construction.

2.

Remainders. Where a remainder is made part of a final map, the subdivider may enter into an agreement with the City to construct improvements within the remainder at some future date and prior to the issuance of a permit or other grant of approval for the development of a remainder. The improvements shall be at the subdivider's expense. In the absence of such an agreement, the City may require fulfillment of the construction requirements within a reasonable time following approval of the final map and prior to the issuance of a permit or other grant of approval for the development of the remainder, upon finding that fulfillment of the construction requirements is necessary for reasons of:

a)

The public health and safety, or

b)

The required construction is a necessary prerequisite to the orderly development of the surrounding area.

d

Design

1.

General. The design and layout of all required improvements, both on-site and offsite, private and public, shall conform to generally accepted engineering standards, standard engineering specifications, and Subdivision Map Act and applicable provisions of this code.

2.

Energy Conservation. The design of a subdivision for which a tentative map is required shall provide, to the extent feasible, for future passive or natural heating or cooling opportunities in the subdivision.

Examples of passive or natural heating opportunities in subdivision design include design of lot size and configuration to permit orientation of a structure in an east-west alignment for southern exposure and to permit orientation of a structure to take advantage of shade or prevailing breezes.

In providing for future passive or natural heating or cooling opportunities in the design of a subdivision, consideration shall be given to local climate, contour, configuration of the parcel to be divided, and other design improvement requirements. The provision shall not result in reducing allowable densities, or the percentage of a lot which may be occupied by a building or structure under applicable planning and zoning in force at the time the tentative map is filed.

The requirements of this subsection do not apply to condominium projects which consist of the subdivision of airspace in an existing building and no new structures are added.

For the purpose of this subsection, "feasible" means capable of being accomplished in a successful manner within a reasonable period of time, taking into account economic, environmental, social and technological factors.

3.

Cable Television Service. The design of a subdivision for which a tentative map is required shall provide one (1) or more City franchised cable television systems an opportunity to construct, install and maintain, on land identified on the map as dedicated or to be dedicated to public utility use, any equipment necessary to extend cable television services to each parcel in the subdivision.

This subsection shall not apply to the conversion of existing dwelling units to condominiums, community apartments, or stock cooperatives.

e

Access

All lots or parcels created shall have direct access to a public street improved to the standards set forth in this article. Private streets shall not normally be permitted. However, if the responsible decision maker determines that the most logical development of the land requires that lots be created with access to private streets, such a development may be approved. The subdivider shall submit a development plan showing the alignment, width, grade, and material specifications of any proposed public or private street, the topography and means of access to each lot, and the drainage, sewer and water service and fire protection for the lots served by such private street(s). Private street(s) shall be constructed in accordance with standard engineering specifications and any other applicable plans and

specifications of the City as approved by the Director of Community Development. Construction of private street(s) shall be completed prior to the completion of the construction and/or occupancy of the lots. The subdivider shall be required to provide a feasible method for the maintenance of such private streets, which method shall be subject to the prior approval of the Director of Community Development.

Reserved strips, or non-access at the end of streets or at the boundaries of subdivisions, shall be dedicated unconditionally to the City when required by the City.

f

Improvement Plans

Improvement plans shall be prepared under the direction of and must be signed and sealed by a registered civil engineer licensed by the State of California. Improvement plans shall include, but shall not be limited to, all improvements required pursuant to Section 9332b. The form of all plans shall conform to all requirements identified in the Subdivision Manual and as may be established by the City Engineer. The final form of all plans shall be approved by the City Engineer.

g

Improvement Security

1.

Any improvement agreement, contract or act required or authorized by the Subdivision Map Act or this chapter, for which security is required, shall be secured in accordance with Section 66499 et seq. of the Subdivision Map Act and as provided below.

No final map shall be signed by the City Engineer or recorded until all improvement securities required by this section have been received and approved.

2.

The form of security shall be one (1) or the combination of the following at the option and subject to the approval of the City Engineer:

a)

Bond or bonds by one (1) or more duly authorized corporate sureties in the form prescribed by the Subdivision Map Act.

b)

A deposit, either with the City or a responsible escrow agent or trust company, at the option of the City Engineer, of money or negotiable bonds of the kind approved for securing deposits of public monies.

c)

Any other form of security, at the option of the City Engineer, as provided in the Subdivision Map Act.

3.

Amount of Security. A performance bond or other security in the amount of one hundred percent (100%) of the total estimated construction cost to guarantee the construction or installation of all improvements shall be required of all subdivisions. An additional amount of fifty percent (50%) of the estimated construction cost shall be required to

guarantee payment to subdivider's contractor, subcontractors, and to persons furnishing labor, materials or equipment for the construction or installation of improvements. As a part of the obligation guaranteed by the security and in addition to the full amount of the security, there shall be included costs and reasonable expenses and fees, including attorneys' fees, incurred by the City in enforcing the obligations secured. The surities on the performance bond and payment bond shall not be the same.

The estimate of improvements costs shall be as approved by the City Engineer and shall provide for:

a)

Not less than five percent (5%) nor more than ten percent (10%) of the total construction cost for contingencies.

b)

Increase for projected inflation computed to the estimated midpoint of construction.

c)

All utility installation costs or a certification acceptable to the City Engineer from the utility company that adequate security has been deposited to ensure installation.

4.

Warranty Security. Upon acceptance of the subdivision improvements by the City, the subdivider shall provide security in the amount as required by the City Engineer to guarantee the improvements against any defective work or labor done or defective materials used in the performance of the improvements throughout the warranty period which shall be the period of one (1) year following acceptance of the improvements. The amount of the warranty security shall not be less than ten percent (10%) of the cost of the construction of the improvements, including the cash bond which shall be retained for the one (1) year warranty period.

5.

Reduction in Performance Security. The City Engineer may authorize in writing the release of a portion of the security in conjunction with the acceptance of the satisfactory completion of a part of the improvements as the work progresses upon application by the subdivider, but in no case shall the security be reduced to less than ten percent (10%) of the total improvement security given for faithful performance. The amount of reduction of the security shall be determined by the City Engineer; however, in no event shall the City Engineer authorize a release of the improvement security which would reduce security to an amount below that required to guarantee the completion of the improvements and any other obligation imposed by the Subdivision Map Act, this code or the improvement agreement.

6.

Release of Improvement Security

a)

The performance security shall be released only upon acceptance of the improvements by the City Engineer and when an approved warranty security has been filed with the City Engineer. If a warranty security is not submitted, performance security shall be released twelve (12) months after acceptance of improvements and correction of all warranty deficiencies.

b)

Security given to secure payment to the contractor, subcontractors and to persons furnishing labor, materials or equipment may, six (6) months after the completion and acceptance of the improvements by the City Engineer, be

reduced to an amount equal to one hundred twenty-five percent (125%) of the amount of all claims therefore filed with the City. The balance of the security shall be released upon the settlement of all claims and obligations for which the security was given.

c)

The warranty security shall be released upon satisfactory completion of the warranty period, provided:

(1)

All deficiencies appearing on the warranty deficiency list for the subdivision have been corrected.

(2)

Not less than twelve (12) months have elapsed since the acceptance of the improvements by the City Engineer.

h

[Reserved]

i

Construction and Inspection

The construction methods and materials for all improvements shall conform to the standard engineering specifications and all other standard plans and specifications of the City.

Construction shall not commence until all required improvement plans have been approved. All improvements are subject to inspection in accordance with the City's approved specifications.

j

Completion of Improvements

1.

Subdivisions of Five or More Parcels. The improvements for subdivisions of five (5) or more parcels shall be completed by the subdivider within twelve (12) months, or such later time as approved by the City Engineer, not to exceed thirtysix (36) months, from the recording of the final map, unless an extension is granted by the responsible decision maker.

Should the subdivider fail to complete the improvements within the specified time, the City may, by resolution of the responsible decision maker and at its option, cause any or all uncompleted improvements to be completed and the parties executing the security or securities shall be firmly bound for the payment of all necessary costs.

2.

Subdivision of Four or Less Parcels. The completion of improvements for subdivisions of four (4) or less parcels shall not be required until a permit or other grant of approval for the development of any parcel within the subdivision is applied for. The completion of the improvements may be required by a specified date by the City when the completion of the improvements are found to be necessary for the public health or safety or for the orderly development of the surrounding area. This finding shall be made by the City Engineer or authorized representative. The specified date, when required, shall be stated in the subdivision improvement agreement. Improvements shall be completed prior to final building inspection or occupancy of any unit within the subdivision.

Extensions. The completion date may be extended by the responsible decision maker upon written request by the subdivider and the submittal of adequate evidence to justify the extension. The request shall be made not less than thirty (30) calendar days prior to expiration of the subdivision improvement agreement.

The subdivider shall enter into a subdivision improvement agreement extension with the City.

In consideration of a subdivision improvement agreement extension, the following may be required:

a)

Revision of improvement plans to provide for current design and construction standards when required by the City Engineer;

b)

Revised improvement construction estimates to reflect current improvement costs as approved by the City Engineer;

c)

Increase of improvement securities in accordance with revised construction estimates;

d)

Inspection fees may be increased to reflect current construction costs but shall not be subject to any decrease or refund.

The responsible decision maker may impose additional requirements as recommended by the City Engineer or as it may deem necessary as a condition to approving any time extension for the completion of improvements.

The costs incurred by the City in processing the agreement shall be paid by the subdivider at actual cost plus twentyfive percent (25%) of such cost for overhead expenses.

4.

As-Built Plans. Revisions for as-built drawings are to be made in the Engineering Division offices. The subdivider or engineering representative may request duplicate mylars for the subdivider's use.

k

Acceptance of Public Improvements

1.

With respect to all subdivisions, when all improvement deficiencies have been corrected and as-built improvement plans submitted, the completed subdivision public improvements shall be considered by the City Engineer for acceptance. Acceptance of the improvements shall imply only that the improvements have been completed satisfactorily and that public improvements have been accepted for public use.

2.

Acceptance. If the subdivision improvements have been accepted by the City Engineer and public improvements have been dedicated on the final map, the City Clerk shall file an acceptance of public improvements with the County Recorder.

Acceptance of a Portion of the Improvements. When requested by the subdivider in writing, the City Engineer may consider acceptance of a portion of the improvements. Such improvements will be accepted by the City Engineer only if the City Engineer finds that it is in the public interest to do so and such improvements are for the use of the general public.

Acceptance of a portion of the improvements shall not relieve the subdivider from any other requirements imposed by this article.

(Ord. No. 1430, Sec. 2, 9-17-13)

9333 - ENFORCEMENT

a

General

The provisions of this chapter shall be enforced by the Director in accordance with the provisions of the Subdivision Map Act and the Subdivision Manual, as applicable.

b

Certificate of Compliance

1.

Any person owning real property or a vendee of such person pursuant to a contract of sale of such real property may request the Director to determine whether the real property complies with the provisions of the Subdivision Map Act, the Subdivision Code, and the Subdivision Manual.

2.

If it is determined that the real property complies with the provisions of the Subdivision Map Act and the Subdivision Code, the Director shall file a Certificate of Compliance with the County Recorder. The Certificate of Compliance shall identify the real property and shall state that the division thereof complies with the provisions of the Subdivision Map Act, the Subdivision Code, and the Subdivision Manual.

3.

If it is determined that the real property does not comply with the provisions of the Subdivision Map Act, the Subdivision Code, or the Subdivision Manual, the Director may, as a condition to granting a Certificate of Compliance, impose conditions to ensure compliance. Upon the making such determination and establishing such conditions, the Director shall file a Conditional Certificate of Compliance with the County Recorder.

Such certificate shall serve as notice to the property owner or vendee who has applied for the certificate, a grantee of the property owner, or any subsequent transferee or assignee of the property, that fulfillment and implementation of such conditions shall be required prior to subsequent issuance of a permit or other grant of approval for development of the property.

4.

A recorded final map shall constitute a certificate of compliance with respect to the parcels of real property described therein.

Subject to the provisions of Section 66499.35(e) of the Subdivision Map Act, an official map prepared pursuant to Section 66499.52(b) of the Subdivision Map Act shall constitute a certificate of compliance with respect to the parcels of real property described therein.

c

Indemnification/Action Against Map Approvals

In accordance with the provisions of Government Code Section 66474.9(b), the subdivider shall defend, indemnify and hold harmless the City, its officers, employees and agents from any claim, action, or proceeding to attack or set aside the map approval.

(Ord. No. 1430, Sec. 2, 9-17-13)

PART 4 - DEFINITIONS

Words and phrases used in this Chapter are as defined in the Subdivision Map Act and Chapter 2 (Zoning) of Article 9 of this Code unless set forth below. If any word or phrase is not defined, the dictionary definition shall prevail.

"Acreage" shall mean any parcel of land which is not a lot, as defined in this chapter, and those areas where a legal subdivision has not been made previously, or where a legal subdivision has declared such parcel as acreage.

"Advisory agency" shall mean a designated official or an official body charged with making investigations and reports on the design and improvement of proposed divisions of real property, the imposing of requirements or conditions thereon or having authority by the Subdivision Code to approve, conditionally approve or disapprove subdivisions.

"Appeal board" shall mean a designated board or other official body charged with making determinations upon appeals with respect to divisions of real property, the imposition of requirements or conditions thereon, or the kinds, nature and extent of the design or improvements, or both, recommended or decided by the advisory agency to be required.

"Amending Map" shall mean a map filed in accordance with the Subdivision Code to correct or amend a recorded final map.

"Block" shall mean the area of land within a subdivision, which area is entirely bounded by streets, highways or ways, except alleys, or the exterior boundary or boundaries of the subdivision.

"Business and Professions Code" shall mean the Business and Professions Code of the State of California.

"City Clerk" shall mean and refer to the City Clerk of the City of Tustin unless otherwise specified.

"City Engineer" shall mean the City Engineer of the City of Tustin unless otherwise specified. The City Engineer may delegate land surveying functions to a person authorized to practice land surveying either with City staff or through a City contract.

"Community apartment project" shall have the same meaning as provided in Section 1351 of the Civil Code.

"Condominium" shall have the same meaning as provided in Section 1350 of the Civil Code. "Council" shall mean and refer to the City Council of the City of Tustin as established by City Ordinance.

"County" shall mean the County of Orange.

"County Recorder" shall mean the County Recorder of the County of Orange.

"County Surveyor" shall mean the County Surveyor of the County of Orange.

"Conversion" shall mean the creation of separate ownership of existing real property together with a separate interest in the space within residential, industrial or commercial buildings.

"Day" shall mean a calendar day unless otherwise specified.

"Department" shall mean the Community Development Department of the City of Tustin unless otherwise specified.

"Director" shall mean the Director of the Community Development Department unless otherwise specified.

"Easement" shall mean a nonpossessory right, interest or privilege that the City, other public entity or private party has in another's land.

"Environmental impact report (EIR)" shall mean a detailed statement prepared pursuant to the provisions of the California Environmental Quality Act (CEQA), State Public Resources Code Sections 21000 et seq., and State and City CEQA Guidelines promulgated pursuant thereto, describing and analyzing the significant environmental effects of a project and discussing ways to mitigate or avoid the effects.

"Environmental subdivision" shall have the same meaning as provided in Government Code section 66418.2(a).

"Fair market value" shall mean the value of property as determined by the Advisory Agency based upon appraisal by an MAI appraiser acceptable to the City and at the expense of the subdivider. The determination of "Fair Market Value" shall consider the value of a buildable acre of land at the time of development. All costs of appraisal shall be paid by the subdivider prior to the recordation of any final map or the issuance of any building permit.

"Final map" shall mean a final tract or parcel map prepared in accordance with the provisions of the Subdivision Map Act and this Chapter and designed to be filed for recordation in the Office of the County Recorder.

"General plan" shall mean the General Plan of the City of Tustin.

"Government Code" shall mean the Government Code of the State of California.

"Improvement" shall mean streets, sidewalks, storm drainage facilities, water and sewer facilities, utilities, landscaping to be installed, or agreed to be installed, by the subdivider on the land to be used for public or private streets, highways, ways and easements, as are necessary for the general use of the lot owners in the subdivision and local neighborhood traffic and acceptance of the final map thereof.

"Improvement" shall also mean other specific improvements or types of improvements, the installation of which, either by or by a combination of, the subdivider, public agencies, private utilities, or any other entity approved by the City, is necessary to ensure consistency with, or implementation of, the General Plan, or any applicable specific plan. Improvements shall be constructed in accordance with standard engineering specifications, where applicable.

"Legislative body" shall mean and refer to the City Council of the City of Tustin.

"Lot" shall mean a unit or portion of land separate from other units or portions by description, as on a final map, or by such other map approved by the County or by the City under the provisions of the Subdivision Map Act and the City ordinances in effect at the time of such approval, for the purposes of sale, lease, or financing.

"Lot line adjustment" shall mean a modification of a lot boundary line or lines between two or more existing adjacent lots or parcels where a greater number of parcels than originally existed is not created.

"Merger" shall mean the joining of two (2) or more contiguous parcels of land under one (1) ownership into one (1) parcel.

"Notice of Findings" shall mean a statement adopted by a School Board, and forwarded to the Advisory Agency, declaring the existence of an impacted school or schools, in accordance with the findings and other requirements of Section 65971 of the Government Code. The declaration of impact may include the schedule required by Section 65976 of the Government Code.

"Parcel" see "Lot".

"Parcel map" shall mean a map showing a subdivision of four (4) or less parcels as required by the Subdivision Map Act and this Chapter, prepared in accordance with the provisions of the Subdivision Map Act and this Chapter and designed to be filed for recordation in the Office of the County Recorder.

"Park" shall mean a parcel, or contiguous parcels of land which is owned, operated, and maintained by a public agency or private association and which provides recreational land and facilities for the benefit and enjoyment of the residents and visitors of the City. The City of Tustin designates parks within the Tustin General Plan and the Subdivision Manual.

"Person" shall mean any individual, firm, partnership, joint venture, association, club, social club, fraternal organization, corporation, estate, trust, business trust, receiver, syndicate, the County, this and any other city or county, municipality, district, or other political subdivision, or any other group or combination acting as a unit.

"Planning Commission" shall mean and refer to the Planning Commission of the City of Tustin as established by City Ordinance.

"Remainder" shall mean that portion of an existing parcel which is not designated on the required map as part of the subdivision. The remainder shall not be considered as part of the subdivision but shall be shown on the required map as part of the area surrounding the subdivision. A remainder of five (5) acres or more need not be shown on the map and its location need not be indicated as a matter of survey, but only by deed reference to the existing boundaries of the remainder.

"Right-of-way" shall mean a specifically defined area or strip of land, either public or private, on which an irrevocable right of passage or use has been recorded.

"Standard engineering specifications" shall mean those standard subdivision public improvement plans and specifications as prepared and/or approved by the City Engineer and those standard subdivision private improvement plans and specifications as prepared and/or approved by the Director of Community Development.

"Stock cooperative" shall be defined as provided in Section 1351 of the Civil Code.

"Street—Private" shall mean any street, access way, or the like, lying in whole or in part within a subdivision for which dedication and ownership is privately held and is utilized as access to a development. Private streets shall be constructed in accordance with standard engineering specifications.

"Street—Public" shall mean any duly dedicated street, avenue, or the like which the City has accepted and regularly maintains, or which the County duly accepted and regularly maintained prior to the incorporation of the City, or upon which public funds have been expended for improvements or rights-of-way used by the public generally.

"Subdivider" shall be as defined in the Subdivision Map Act.

"Subdivision" shall be as defined in the Subdivision Map Act.

"Subdivision Map Act" shall mean the Subdivision Map Act of the State of California as provided in Government Code Sections 66410 et seq., inclusive.

(Ord. No. 1430, Sec. 2, 9-17-13)

CHAPTER 4 - SIGN REGULATIONS

The purpose of this Chapter is to promote community identity and effective business identification through the regulation and design of signs and sign structures within the City of Tustin. Because signs and graphics are an essential element of our community, their location, number, size and design have a significant influence upon the community's visual and economic environment. The regulation of signs is considered necessary to promote and protect the public health, safety and welfare through consideration of traffic and pedestrian safety and community aesthetics.

(Ord. No. 1321, Sec. 2, 4-3-07)

The following terms as used in this Chapter shall have the respective meanings as set forth except when the context clearly indicates otherwise. For ease of reference, each term that is defined in this section appears in title caps in the text of this Chapter. A supplemental graphic presentation of certain definitions is provided as information and is included as section 9412.

"Abandoned sign" is a sign which no longer identifies or advertises a bona fide business, lessor, service, owner, product, or activity, and/or for which no legal owner can be found.

"Act of God" is a natural occurrence such as wind, rain, flood, fire or earthquake.

"Aerial sign" is a sign which is inflatable or designed to be flown or attached to the ground, building, structure or other object, which may or may not include copy.

"A-frame sign" means a Sign generally not securely attached or fixed to the ground or to a permanent structure used as a stationary advertising devise and usually supported by two (2) upright sign faces.

"Aggregate area" is the combined permitted Sign sizes of all signs on any one (1) parcel, site, building, structure or other premises, excluding temporary signs, noncommercial signs, special event signs, public information signs and traffic signs.

"Alter" means to change color (other than copy color), size, shape, position, location, or method of illumination of a sign. This shall not include replacement of face copy on cabinet type signs.

"Animated sign" means any sign designed to attract attention through movement or the semblance of movement of the whole or any part, including, but not limited to, signs which swing, twirl, revolve, move back and forth or up and down; or signs which can change color or shades of color; or any other method or device which suggests movement, but not including flags, banner signs, or freeway adjacent digital display billboards. (Ord. No. 1505, § II, 2-4-20)

"Arcade" is a covered passageway projecting from the exterior wall of a building and supported by posts or columns attached to the ground.

"Arcade sign" means a sign projecting beneath or on the underside of any structural overhang or passageway and perpendicular to the front building facade; see section 9412.

"Attached sign" is any sign permanently affixed to a building or affixed to the external surface of a building (including wall signs).

"Audible sign" is any sign that contains loudspeakers or emits sounds.

"Automobile service business" is a business whose primary purpose is gasoline sales, ancillary uses may include auto repair, tire sales and auto supply sales.

"Awning" is a roof-like structure extending over a door, window or all or any portion of a building wall and projecting from and supported by the exterior wall of a building; see section 9412.

"Awning sign" is a Sign painted on, printed on or attached to the front surface of an awning.

"Balloon" means a sphere of nonporous material filled with air or gas.

"Banner sign" means any publicly visible advertising device, not on the interior side of a window, made of cloth, paper, plastic, cardboard, metal or any other usually flexible material, which may indicate the identity or give or ask information about or convey a message, either directly or indirectly, about a person, entity, business, commodity, service or idea.

"Beacon" means any stationary or moving light source or light with one (1) or more beams that rotate or move located outside of or inside a building, or within three (3) feet of a window and flashing with one (1) or more beams directed into the atmosphere or directed at one (1) or more points not on the same lot as the light source.

"Bench sign" means a seat located upon or adjacent to a public or private right-of-way for the purpose of persons resting and which is capable of displaying a sign or advertising device.

"Building frontage" means the lineal extent of a building which fronts on either a street or parking area and used as the basis for determining the maximum sign area and number of signs allowed; see section 9412.

"Bulletin board" means a Sign that signifies an institution or organization on the premises of which it is located and that contains the name of the institution or organization, the names of the individuals connected with it, and general announcements of events or activities occurring at the institution or similar messages.

"Business identification sign" is a Sign which serves to identify only the name, address, and lawful use of the premises upon which it is located and shall not include the listing of pricing information or specific brand names unless the pricing or brand name is incorporated into the name of the business or is a trademark or company name symbol identifying the business or activity provided as in the case of a logo. Said signage is not intended as an advertising device. Identification of product, trade and service information is permitted, and is considered supplemental provided it is subordinate to business identification. Supplemental signs shall be considered subordinate if no more than twentyfive (25) percent of the total allowable sign area is used for this purpose.

"Canopy," same as "awning".

"Canopy sign," same as "awning sign".

"Center" is a commercial, industrial or professional use, consisting of one (1) or more buildings sharing common facilities such as off-street parking, access or landscaping. In each case, a center will consist of two (2) or more retail stores or businesses, but may not necessarily be under a single ownership.

"Center identification sign" means any freestanding sign which advertises or directs attention to a shopping center or area having two (2) or more separate businesses or activities therein.

"Changeable copy sign" means a sign on which the copy changes either automatically through mechanical means, electrical or electronic time or temperature controls or manually in the field.

"Channel letters" means individual letters or figures, illuminated or nonilluminated, affixed to a building or freestanding sign structure.

"Commercial enterprise" means a business that conducts business in the City of Tustin and holds a valid City of Tustin business license, unless it is exempt from having a business license. (Ord. No. 1483, Sec. 2, 4-3-18)

"Commercial sign" means a sign relating to the sale of any merchandise, product, service, commodity or other item or activity for private benefit or gain. Commercial signs include, but are not limited to:

1.

A business identification sign.

2.

A garage sale sign.

A real estate open house sign.

(Ord. No. 1483, Sec. 2, 4-3-18)

"Community Development Director" means the City of Tustin Community Development Director or his or her designee.

"Construction sign" means a temporary sign identifying the name of the project under construction, street address, emergency phone number and name of person to contact; see section 9412.

"Corporate flag" means a flag which has the name, logo, trademark, or symbols of a business or corporation which cannot be construed to mean official flags.

"Copy" means any words, letters, numbers, figures, designs or other symbolic representations illuminated or nonilluminated incorporated into a sign.

"Decorative flag" means a temporary sign made of fabric or any non-rigid material which is individually mounted a flag pole device and is not a corporate flag or official flag.

"Digital display" means a sign face that displays images through the use of grid lights, cathode-ray projections, lightemitting diodes (LEDs), plasma screens, liquid-crystal displays (LCDs), fiber optics, or other electronic media or functionally equivalent technology. (Ord. No. 1505, § II, 2-4-20)

"Double-faced sign" is a sign with two (2) faces that are placed back-to-back with a distance separation of no greater than eighteen (18) inches and in which both faces cannot be viewed from any point at the same time.

"Electrical sign" means any sign containing electrical wiring which is attached or intended to be attached to an electrical energy source for the purposes of illuminating its surface.

"Erect" means to build, construct, attach, place, suspend, affix or Install.

"Exempt sign" means signs exempt from the permit requirements of this Chapter.

"Facade" means the exterior walls of a building exposed to public view.

"Festoons" means a nonmetallic string of ribbons, nonmetallic tinsel, small flags, pinwheels, bunting, pennants and other like items.

"Flag" means cloth or other lightweight material of distinctive size, color and design, used as a symbol, standard, signal, emblem, or a device used to attract attention.

"Flashing sign" means any directly or indirectly Illuminated Sign that exhibits changing natural or artificial light or color effects by any means whatsoever.

"Flat Roof" means a roof having no slope, or one with only a slight pitch so as to drain rainwater. (Ord. No. 1429, Sec. III.1, 5-21-13)

"Freestanding sign" means any non-moveable sign not affixed to a building, including but not limited to pole signs, ground signs, and construction signs; see section 9412.

"Freeway adjacent digital display billboard" means a pole sign or changeable copy sign, which features a digital display, erected and/or maintained for advertising, in whole or in part, a business, activity, service or product not sold or produced on the premises upon which the sign is placed, which is located on a commercially zoned parcel within four hundred (400) feet of either the Interstate 5 freeway or the SR 55 freeway right-of-way; see section 9404b(7). (Ord. No. 1505, § II, 2-4-20)

"Freeway sign" is a sign whose purpose is to identify a specific service-oriented business (those offering eating facilities, lodging accommodations or an automobile service business) which is located adjacent to the freeway rightof-way, or separated from the right-of-way by a frontage road.

"Garage sale sign" means a temporary sign announcing the limited sale, from a private residence, of goods, furniture, clothing or other similar articles.

"Height" means the vertical distance measured from the highest point of the sign including any architectural, ornamental or structural element of the sign to the finished grade adjacent to the sign structure. When calculating sign area, height is the vertical distance from the highest point to the lowest point of the sign.

"Human sign" means a sign that is held or worn by a person.

"Identification sign" means a sign whose copy is limited to the name and address of a building, institution, or person and/or to the activity or occupation being identified and shall not include a listing of pricing information or of specific brand names unless the pricing or brand name is incorporated into the name of the business or is a trademark or company symbol identifying the business or activity. Identification of product, trade and service information is permitted, and is considered supplemental provided it is subordinate to business identification. Supplemental signs shall be considered subordinate if no more than twenty-five (25) percent of the total allowable sign area is used for this purpose.

"Illegal sign" means a sign not permitted or exempted by this Chapter at the time of its construction or erection.

"Illuminated sign" is a sign which has characters, letters, figures, designs, logograms, pictures or outlines illuminated by a source of energy directly or indirectly in order to make the message visible. The definition shall include internally and externally lighted signs and reflectorized, glowing and radiating signs.

"Incidental sign" means a sign, emblem, or decal informing the public of services available on the premises such as a credit card sign or a sign indicating hours of operation or emergency phone number.

"Individual business" means a single commercial enterprise which is physically separate from and does not relate to any other commercial business, and is not a part of a shopping center.

"Install" means to build, paint, erect, hang or in any manner affix or modify in any way.

"Legal Nonconforming Sign" means a sign that was lawfully erected which does not comply with the most current adopted sign restrictions and regulations. (Ord. No. 1397, Sec. 9, 11-15-11)

"Light bulb strings" means external or internal displays within twelve (12) inches of the inside of the window which consist of light bulbs, or strings of open light bulbs or lighted tubing.

"Location" means a position on a Site or on a building where a sign may be placed. The location is regulated by setbacks from property lines for free-standing signs or a height limitation for wall-mounted signs.

"Logo" means a name, symbol, feature or trademark that represents a business, enterprise, group or activity.

"Maintenance (of signs)" means, for the purposes of this chapter, the cleaning, painting, repair, or replacement of defective parts of a sign in a manner that does not alter the basic copy, design, or structure of the sign.

"Mansard" means a sloped roof or roof-like facade designed to give the appearance of a full pitched roof; see section 9412.

"Marquee" means a permanent roof-like structure over an entry, projecting from and supported only by the exterior wall of a building. A marquee is architecturally a part of the building; see section 9412.

"Master Sign Plan" means a comprehensive program for coordinating all tenant signs within a center.

"Menu board sign" means a sign displaying food or items sold on the premises.

"Monument sign" is any free-standing Sign mounted directly on a planter or pedestal base without air space beneath as distinguished from the support of a pole or poles and which is designed to incorporate features and building materials which complement the architectural theme of the buildings on the premises.

"Multi-tenant identification sign (directory)" means a sign constructed so as to permit individual identification of businesses within a shopping, professional or industrial center. Such signs are solely for the purpose of identification of a business by name, general service or trade, and not to include the listing of individual products or services offered.

"Nameplate" means a non-electric or mechanical on-premises identification plate, plaque or sign giving only the name, address, and/or occupation of an occupant or group of occupants; less than two (2) square feet in size.

"Neon" means a glass tube filled with gas that emits light when energized.

"Noncommercial sign" means any sign other than a sign relating to the sale of any merchandise, product, service, commodity or other item or activity for private benefit or gain. Noncommercial signs include, but are not limited to:

1.

A political sign.

2.

A protected speech sign.

3.

A public event sign.

4.

A non-profit event sign. (Ord. No. 1483, Sec. 2, 4-3-18)

"Nonconforming sign" means a sign erected legally which does not comply with the most current adopted sign restrictions and regulations.

"Non-profit sign" means a temporary sign advertising events and/or other promotions open to the public and sponsored by a non-profit organization. (Ord. No. 1483, Sec. 2, 4-3-18)

"Official flag" means flags of the United States of America, the State of California, City or other governmental agency.

"Off-premises sign" means a commercial sign or structure of any kind or character erected and/or maintained for advertising a business, activity, service or product not sold or produced on the premises upon which the sign is placed, including a billboard and any other outdoor advertising sign and structure, but not including a freeway adjacent digital display billboard. (Ord. No. 1483, Sec. 2, 4-3-18; Ord. No. 1505, § II, 2-4-20)

"On-premises advertising display" means any structure, housing, device, figurine, statuary or other contrivance of a permanent or portable nature which is designed and intended to advertise specific products or services, services available or goods sold on the premises which the business or display is located or upon the building within which the business is located; see definition of "premises".

"On-premises sign" means a sign which displays the name, use, service, trade or trademark, or symbol of the business or business activity provided on the premises on which the business or business activity is located.

"Open house sign" means a sign which identifies a building for sale or lease which is open and available for inspection.

"Ornamental sign" means a sign that includes decorative design details fabricated out of wrought iron, wood or similar product with the intent of making the Sign more compatible with the residential property on which it is located.

"Owner" means a person recorded as such on official records and including any duly authorized agent or notary, a purchaser, devisee, judiciary and any person having a vested or contingent interest in the property in question.

"Painted sign" means any sign which is applied with paint or similar substance to the face of a wall, arcade, canopy or marquee of a building.

"Parapet" means an extension of the structural walls, or other architectural feature screening from view on all sides of a building the rooftop equipment; see section 9412.

"Parcel" or "lot" means:

1.

A parcel of real property which is shown as a single lot in a lawfully recorded subdivision, approved pursuant to the provisions of the Subdivision Map Act (California Business and Professions Code, Sec. 11500, et seq.); or

2.

A parcel of real property, the dimensions and boundaries of which are defined as a single lot by a lawfully recorded record of survey map; or

3.

A parcel of real property shown on a parcel map as a single lot, lawfully recorded pursuant to the provisions of the Subdivision Map Act (California Business and Professions Code, Section 11500, et seq.); or

4.

Two (2) or more parcels of real property which are combined by an appropriately recorded written instrument or by common fee ownership and usage.

"Pennant" means a flag that tapers to a point or a forked double-point, and is often used alone or in a series and suspended from a rope, wire or string.

"Permanent directional/information sign" means an on-premises sign giving directions, instructions, or facility information such as parking locations, exits, entrances, time and temperature. Such signs may not contain the name or logo of an establishment or information of a commercial nature.

"Persons" means any person, firm, partnership, association, corporation, company or organization of any kind whatsoever.

"Plaque" means a flat thin piece of metal (or other material) placed on a building to identify a Site or an event or to commemorate an individual or an event.

"Pole sign" means any free-standing sign supported by a structural member(s) with air space between the grade level and the bottom of the sign face.

"Political sign" means any sign pertaining to a candidate for public office or a ballot issue pending before the electorate at a specific election.

"Portable sign" means any sign capable of being carried or readily moved from one location to another, including, but not limited to an A-frame sign, "sandwich sign", a sign on wheels or a sign which leans against a stationary object, building or structure. Portable sign does not include a temporary off-premises commercial sign, temporary noncommercial sign, or human sign. (Ord. No. 1483, Sec. 2, 4-3-18)

"Premises" means the building as it relates to a wall sign within which a business is located; or as it relates to a ground sign, premises is defined as the project site upon which the business is located.

"Primary wall" means a building wall containing a primary store entrance/exit which faces onto a street or designated parking area.

"Project identification sign" means a temporary sign identifying a future occupant, project developer, architect, engineer, contractor or others participating in construction on the property on which the sign is located; see section 9412.

"Projecting sign" means any sign which is not substantially parallel to the surface or plane of the supporting wall, fence, canopy or marquee to which it is attached.

"Protected speech sign" means any sign containing a message of public interest, and containing no commercial speech. For the purpose of this Chapter, the term "protected speech sign" does not include political signs.

"Public event sign" means a temporary sign installed by the City of Tustin advertising events and/or other promotions open to the public and sponsored by the City of Tustin. (Ord. No. 1483, Sec. 2, 4-3-18)

"Public parkway area" means the strip of land between the curb line and the sidewalk, and any City landscape easement adjacent to the public right-of-way.

"Public right-of-way" means and includes all public streets, curbs, medians, islands, sidewalks and utility easements, now or hereafter owned in fee or easement by the City.

"Public safety area" means a strip of land, twenty (20) feet in width, running parallel with, adjacent to and measured from the public right-of-way line. The public right-of-way line is the same as the property line; see section 9412.

"Real estate sign" means a temporary sign advertising the sale, lease or rent of the property upon which it is located, and the identification of the person or firm handling such sale, lease or rent.

"Replacement value" means the total actual cost to repair or restore a sign to its original condition.

"Responsible party" means the owner of the sign or, where ownership is not known, the owner of the property where the Sign is posted. In the absence of persuasive evidence to the contrary, the person who benefited from the sign shall be presumed to be the person who was responsible for the placement of the sign. For open house signs, the responsible party shall be the real estate licensee holding the open house and that real estate licensee's real estate broker of record.

"Rider" means a changeable portion of a real estate sign that includes specific information relating to the property or broker.

"Roof line" means either the uppermost edge of the roof or the top of the parapet; see section 9412.

"Roof sign" means a painted sign or attached sign constructed upon or over a roof, or placed so as to extend above the visible roofline.

"Secondary wall" means a building wall which contains no primary store entrance, but may have emergency exits, exits/entrances subordinate to the primary entrance which may face onto a street or designated parking area or access drive.

"Seasonal or holiday sign(s)" means signs, such as Christmas decorations, which are used for a historical holiday or special time of the year and installed for a limited period of time, as defined in this Chapter.

"Sign" or "signs" means any structure, device or contrivance and all parts thereof which are installed or used for identification purposes upon or within which any poster, bill, copy, lettering, painting, device or other advertising of any kind whatsoever is used, placed upon, or affixed to the building support structure, window area, canopy, awning or marquee. Product, trade and service information is considered supplemental information and may be included on the sign provided it is subordinate to business identification. Supplemental signs shall be considered subordinate if no more than twenty-five (25) percent of the total allowable sign area is used for this purpose. This definition includes signs directly applied to a building surface such as plastics, and menus. This definition shall not include official notices issued by a court or public body or officer, or directional warning or information sign or structures required by or authorized by law or Federal, State, County or City authority; see section 9412.

"Sign area" means the entire area of the face or faces of the Sign, which is designed to carry copy, whether or not there is copy on all surfaces. Architectural design embellishments and structural elements such as a sign pedestal or pole are not construed to be part of sign area. The perimeter is defined by the smallest square, circle, rectangle, triangle or combination thereof or irregular shape that will encompass the extreme limits of the copy together with any frame or structural trim forming an integral part of the display such as a sign cabinet. In the case of a double-faced sign, the area shall be computed as only one (1) of the sign surfaces; see section 9412.

"Sign copy" means any words, letters, numbers, figures, designs, or other symbolic representation incorporated into a sign.

"Sign program" means a comprehensive program intended to provide incentive, latitude and variety in order to achieve aesthetically appealing and compatible signage for shopping and professional office centers and industrial parks with two (2) or more occupants. A sign program may also be applicable for a single business proposing two (2) or more signs.

"Sign structure" means the supports, uprights, braces, cables, framework, and display surface of a sign.

"Site" means one (1) or more parcels of land identified by the assessor's records. The site shall include all parcels of land contained within, or a part of an integrated building development. An integrated building development shall include all parcels served by common accessways, driveways, parking and landscaping.

"Special event" is a commercial, civic, patriotic, religious, cultural, community, or political event that recurs irregularly, if at all, and that takes place on a specific date or dates. "Special event" does not include routine commercial promotions. (Ord. No. 1483, Sec. 2, 4-3-18)

"Standard sign plans" means a comprehensive set of plans and materials required to be submitted before erecting, placing, rebuilding, reconstructing or moving any sign.

"Storefront area" means the front area of a building in which the primary entrance to a store or business is located. The area is calculated by multiplying the width of the storefront (or tenant space in the case of a multi-tenant building) by the wall height (which includes all vertical surfaces between the finished grade and the roof); see section 9412 for a display of the storefront area calculation.

"Street frontage" means lineal extent of a street which fronts on or is adjacent to either a building or parking area and used as the basis for determining the maximum sign area and number of signs allowed; see section 9412.

"Supplemental signs" means signs identifying special features, trade, services or products of the business. Such signs may not include a listing of pricing information or specific brand names unless incorporated into the name of the business. Supplemental signs may be of a permanent nature, provided they are subordinate to business identification information. They shall be considered subordinate if no more than twenty-five (25) percent of the total allowable sign area is used for this purpose.

"Temporary sign" means any sign constructed of paper, cloth, canvass or other similar lightweight material, with or without frames, including painted windows, flags, streamers, pennants, banner signs and other signs not designed to be permanently attached to a building or anchored to the ground. (Ord. No. 1483, Sec. 2, 4-3-18)

"Tivoli lights" is a brand of tube lights; see tube lights.

"Tract identification sign" means a permanent sign designed to identify a single-family or multifamily residential subdivision or development. Such signs shall be limited to subdivisions containing a minimum of ten (10) units or ten (10) lots and a minimum total project size of one (1) acre.

"Tube lights" are small decorative lights of a permanent nature. Light bulbs are usually one-half (½) watt in size and usually less than one (1) inch long and placed within a clear tube, approximately eight (8) inches apart.

"Under-canopy" means a sign which is perpendicular to and suspended below the ceiling or roof of a canopy.

"Use" means the purpose for which land or a building is occupied, arranged, designed or intended, or for which either land or building is or may be occupied or maintained.

"Vehicle-mounted sign" means any sign placed or maintained on a stationary automobile, truck, trailer or any other motor-driven device.

"Vertical clearance" is the vertical distance between grade and the lowest part of any sign, including framework or embellishments.

"Visual clearance area" is a triangular shaped portion of land established at a street intersection or driveway in which nothing is constructed, placed, planted or allowed to grow in such a manner as to limit or obstruct the visibility of a motorist entering or leaving the intersection or driveway; see section 9404a3(b) and exhibit in section 9412.

"Wall sign" means a sign attached parallel to or erected on the fascia, parapet or exterior wall of a building, structure, wall or fence with the exposed face of the sign in a line approximately parallel to the plane of the exterior wall; see section 9412.

"Width of a sign" means the maximum horizontal dimension of a sign.

"Window" is an opening in a wall surrounded by framework or casing and enclosed with transparent material. For the purpose of calculating window area on one (1) building elevation, a series of adjoining window panes separated by mullions or panels can be combined to establish total window area.

"Window sign" means any sign attached, painted, or pasted, either permanent or temporary, on the interior or exterior of a window and intended to be viewed from the outside; see section 9412.

"Wind sign" means any sign or portion thereof or series of signs, banner signs, balloons, flags, pennants, spinners, streamers, or other objects designed and fastened in such a manner as to move upon being subjected to pressure by wind or breeze.

(Ord. No. 1321, Sec. 2, 4-3-07)

9403 - SIGN PERMIT REQUIREMENTS

a

Permits required.

1.

Except as otherwise provided specifically in this title, no sign shall hereafter be erected, re-erected, constructed or altered until a sign permit for such has been issued by the person or body having final authority to do so, or until a conditional use permit or planned sign program with respect to such a Sign has been granted by the Planning Commission in instances in which a conditional use permit is required.

2.

A separate permit shall be required for each sign or group of signs in one (1) location. In addition to the requirements set forth in this section, all applicable building and electrical permits shall be obtained in accordance with the Uniform Building Code and the Uniform Electrical Code. (Ord. No. 1524, Sec. 70, 8-16-22)

b

Permit application. Applications for sign permits shall be made by the owner of the property on which the sign is to be located, by a licensed contractor or an authorized agent of the property owner, as may be required by state contractors' law, on forms furnished by the Community Development Department and shall be accompanied by all information and fees, as required for standard sign plans or master sign plans. The application shall be signed by the owner of the premises on which the sign is located.

c

Review procedures. Each sign permit or temporary sign permit application, plans, and fees shall be submitted to the Community Development Department, pursuant to this Chapter, and shall be processed and approved, conditionally approved, or denied within the time limits established by state law for action on development projects by the Community Development Director, unless such approval authority is granted to the Planning Commission pursuant to this Chapter or the requirements contained in specific plans, planned developments, or planned community districts. All decisions by the Community Development Department or Planning Commission are final unless appealed in accordance with this Chapter.

All signs proposed to be located within the public safety area shall also be reviewed and approved by the Public Works Department prior to the issuance of any permits.

d

Temporary sign permits. Temporary sign permits are required for signs intended for temporary display. This section shall not authorize signs identified as prohibited by section 9404 of this Chapter. Additional regulations for temporary signs are found in section 9406. As applicable, a separate building permit and/or electrical permit may also be required. In addition to a refundable cash bond, which guarantees the removal of the temporary display, the following requirements shall apply.

1.

Banner signs.

(a)

All banner signs must be fixed to a building and hung below a roof eave or mounted on poles.

(b)

All banner signs shall be professionally made and constructed of cloth, canvas, plastic, PVC or similar material, and have slits for proper wind resistance, where necessary.

(c)

No banner sign may exceed thirty-two (32) square feet in area, except that a single banner sign of up to one hundred (100) square feet may be allowed on a building elevation of at least one thousand (1,000) square feet that faces a freeway or major arterial.

(d)

One (1) display per building or street frontage, or in the case of a multi-tenant building, one (1) display per storefront area shall be allowed. As a substitute for a wall-mounted banner sign, one (1) pole-mounted banner sign per property street frontage is permitted.

(e)

A valid temporary sign permit shall be made available upon request for City review and inspection during times when a banner is displayed. Banner signs displayed without a City permit or on non-approved dates may be removed by the City. (Ord. No. 1524, Sec. 71, 8-16-22)

(f)

Grand opening banner signs shall be permitted for a period not to exceed thirty (30) consecutive days.

(g)

Special event information banner signs for purposes other than grand openings shall be permitted for no more than thirty (30) consecutive days from or around the date of the event, not more than four (4) times in any calendar year, and no more than twice in any calendar quarter. As an alternative, if specific nonconsecutive dates can be identified in writing, a banner sign shall be permitted for no more than sixty (60) days per calendar quarter and no more than one hundred twenty (120) days per calendar year.

(h)

Banner signs for the sponsorship of nonprofit events, including civic, public, religious, educational, or philanthropic events, shall be permitted for a period not to exceed thirty (30) days per event. Temporary banner signs shall be appropriate for the event. Copy of signage may contain names, logos, or corporate sponsors but such names, logos, or corporate sponsors may not exceed one-fourth (¼) of the aggregate area of signage.

(i)

Banner signs are exempt from the requirement to provide a refundable cash bond.

2.

Public event signs. Public event signs may be located within the public right-of-way subject to the following restrictions and criteria:

(a)

All public event signs posted on the structures approved by the City shall be removed no later than seventy-two (72) hours after the event has occurred.

(b)

All public event signs shall be professionally made and constructed of cloth, canvas, plastic, PVC or similar material, and have slits for proper wind resistance, where necessary

(c)

No sign shall exceed thirty-five (35) feet in horizontal length, with a maximum sign height or vertical dimension of four (4) feet.

(Ord. No. 1483, Sec. 3, 4-3-18)

3.

Decorative flags. Decorative flags shall meet the following criteria and any deviation from these criteria shall be approved by the Planning Commission, as provided for in section 9404c4.

(a)

Decorative flags shall be installed on a flagpole device or frame, approved by the Building Official or installed directly upon a building or wall surface but in no case above the roof eave.

(b)

No decorative flag may exceed six (6) square feet in area with a maximum pole height of twelve (12) feet.

(c)

Original grand opening decorative flags shall be permitted for a period not to exceed thirty (30) days. In addition, a change of ownership or change of business type qualifies for grand opening flags.

(d)

Not more than five (5) decorative flags per site for purposes other than grand openings shall be permitted for thirty (30) days and not more than four (4) times in any calendar year nor more than twice in any calendar quarter.

(e)

Decorative flags are permitted for non-residential projects and only for residential projects in conjunction with temporary project identification signs.

Beacons. Beacons used as part of the grand opening are permitted for a period not to exceed thirty (30) days. Temporary sign permits for grand opening beacons are subject to the approval of the Community Development Department.

5.

Festoons. Festoons may be permitted in conjunction with a special event, subject to Planning Commission approval pursuant to section 9404c3.

6.

Balloons. Nonmetallic balloons (individual, groupings or arch of balloons) may be permitted only one (1) time per year and in conjunction with a special event. Balloons shall meet the following criteria and any deviation from these criteria shall be approved by the Planning Commission, as provided for in section 9404c4.

Individual or grouping of balloons: Individual balloons include balloons attached separately to the ground or building or attached to the end of a nonmetallic string. A grouping of balloons is two (2) or more balloons attached separately to nonmetallic string which are clustered together.

(a)

Maximum size of balloons—Twelve (12) inches in diameter.

(b)

Maximum number—Thirty (30) Balloons.

(c)

Maximum height—Fifteen (15) feet above grade.

(d)

Location—Must be securely affixed to ground or building and must maintain a minimum twenty-foot setback from all property lines.

(e)

Duration of display—Maximum of two (2) consecutive days, no more than one (1) time per year for arch, individual or string of balloons.

Arch of balloons: An arch of balloons is a collection of helium-filled balloons that are attached close together to create a solid band of color forming an arch.

(a)

Maximum size of balloons—Twelve (12) inches in diameter.

(b)

Maximum number—Three (3) Balloons per lineal foot.

(c)

Location—Must be securely affixed at each end to ground or building and must maintain a minimum twenty-foot setback from all property lines.

(d)

Duration of display—Maximum of two (2) consecutive days, no more than one (1) time per year for arch, individual, or string of balloons.

7.

Portable signs within the Cultural Resource District and/or Old Town Commercial General Plan land use designation. Portable signs for sidewalk-adjacent businesses within the Cultural Resource District and/or Old Town Commercial General Plan land use designation may be placed within the sidewalk adjacent to the identified business, subject to review and approval by the City of Tustin in accordance with established design guidelines. (Ord. No. 1483, Sec. 4, 4- 3-18)

e

Exempt signs. The following signs are exempt from the permit requirements of this Chapter, provided that they conform to the standards outlined below and contained in sections 9406 through 9411. Although the following signs do not require a sign permit, they may require a building and/or electrical permit.

1.

Public signs placed by a governmental body or public utility, including signs required by law, community service signs, public transit signs, safety signs, trespassing signs, danger signs and all signs erected by a public officer in the performance of a public duty.

2.

One (1) official flag per property. However, building permits shall be obtained for the flag poles where required by the Uniform Building Code. The flagpole shall meet the setback requirements and shall not exceed the allowable height of the zoning district or fifty (50) feet, whichever is less.

3.

Flags identifying the name and/or Logo of the business upon the premises. Such flags shall not exceed one (1) in number per site nor more than ten (10) percent of the permitted aggregate sign area for the business identified on the flag. Business flags shall be no higher than any state flag and must be lower than the federal flag if located on the site. The flagpole shall meet the setback requirements and shall not exceed the allowable height of the zoning district or fifty (50) feet, whichever is less.

4.

Nameplates less than two (2) square feet in area, displaying only the following:

(a)

Name of the premises upon which it is displayed;

(b)

Name of the owner or lessee of the premises;

(c)

Occupation of the owner or lessee.

Seasonal or holiday signs, holiday lights and decorations with no commercial message for one (1) continuous period not to exceed fifty (50) days during any given year.

6.

Address numbers installed on a building which must be at least six (6) inches in height and in Arabic numerals.

7.

Permanent plaques, cornerstones, or building names containing the name of the building and date of erection, or historical designation, provided that these are cut into a masonry surface, or constructed of bronze or other appropriate material of a permanent nature.

8.

Incidental signs mounted, painted, attached to, or placed upon windows and intended to be viewed from the exterior, unless prohibited in an approved Master Sign Plan, provided that the aggregate area of such signs do not constitute more than twenty-five (25) percent of the window area upon which they are placed.

9.

Non-illuminated on-premises real estate signs or open house signs subject to the following criteria:

(a)

In residential zones, not more than one (1) sign per street frontage, with a maximum height of four (4) feet and maximum size of six (6) square feet. Ornamental signs may be a maximum of seven (7) feet high to top of structure, with a maximum of six (6) square feet for sign face.

(b)

In professional districts, not more than one (1) sign per street frontage, with a maximum of sixteen (16) square feet in size and six (6) feet in height.

(c)

In commercial districts when a property has a street frontage of less than two hundred (200) lineal feet, not more than one (1) sign per street frontage, with a maximum size of sixteen (16) square feet and maximum six (6) feet in height. For properties with two hundred (200) lineal feet or more of street frontage, not more than one (1) sign per street frontage, with a maximum of twenty-four (24) square feet in size and eight (8) feet in height.

(d)

In industrial districts, not more than one (1) sign per street frontage, with a maximum of thirty-two (32) square feet in size and ten (10) feet in height.

(e)

For vacant properties in any district with a minimum of five (5) acres in size, not more than one (1) sign per street frontage with a maximum of twenty (20) square feet in size and eight (8) feet in height.

(f)

All such signs shall be installed on private property and only on the premises which the sign advertises.

(g)

All such signs may contain a maximum of three (3) riders in excess of the above sign area limitation. The combined size of all riders including any spaces between riders shall not exceed twenty-four (24) inches in total sign height or vertical dimension and must be attached under the permanent sign face.

10.

A permanent directional/information sign not exceeding six (6) square feet per face nor four (4) feet in height, limited to one (1) sign per vehicle entrance to the site. In addition, each tenant may have directional signs located on or next to the building, maximum size of four (4) square feet and not to exceed one (1) per store entrance.

11.

Temporary off-premises commercial signs, subject to the following criteria:

(a)

Temporary off-premises commercial signs must be associated with a legitimate commercial enterprise in the City of Tustin for which permanent business identification signs are not authorized. A maximum of twenty (20) temporary offpremises commercial signs per commercial enterprise shall be allowed within the city limits at any one (1) time.

(b)

The signs shall not exceed four (4) square feet in size and four (4) feet in height.

(c)

Signs may only be located in the public parkway area, subject to the visual clearance area requirements, except as otherwise allowed by local, state, or federal law.

(d)

Signs are not permitted to be attached to any traffic control device, tree, street light or utility pole or placed so as to impede public sidewalks.

(e)

Signs shall not be posted on Mondays, Tuesdays, Wednesdays, or Thursdays; or between the hours of 7:00 p.m. and 7:00 a.m. on Fridays, Saturdays, or Sundays.

(f)

Signs shall only be posted between twenty-five (25) feet and three hundred (300) feet of a street intersection. A maximum of two (2) signs per commercial enterprise shall be posted per street intersection, and no more than one (1) sign per commercial enterprise shall be permitted in the public parking way area abutting any one (1) parcel of property.

(g)

The name, address, and phone number of the responsible party shall be provided on the back of the sign. This information shall occupy a space no larger than ten (10) square inches.

(h)

The responsible party for signs erected in the public parkway area shall be liable to the City of Tustin, private property owners and the general public for any injury to persons or property resulting from the placement and maintenance of the sign.

(Ord. No. 1483, Sec. 5, 4-3-18)

12.

Light bulb strings are permitted on a temporary or permanent basis, provided all of the following limitations are met:

(a)

Maximum number—One hundred (100) light bulbs.

(b)

Minimum separation between lights—Six (6) inches.

(c)

Maximum size bulb—Three (3) inches in length, seven (7) watt.

(d)

Color—Clear or white.

(e)

Location—Not permitted on the exterior of a building or structure. May be located within twelve (12) inches of the interior of a window. Light bulb strings located more than twelve (12) inches from the interior of a window are not regulated by this Code.

(f)

All such lights shall not flash, blink, chase or be otherwise animated.

(g)

Standards above do not apply to decorative holiday lighting as permitted by section 9403e5.

13.

Temporary non-commercial signs (except public event signs), subject to the following criteria:

(a)

No person shall affix a temporary non-commercial sign on any traffic signal, utility pole, traffic control device, or tree.

(b)

Written permission of the property owner is required for temporary non-commercial signs placed on private property.

(c)

Temporary non-commercial signs on private property shall be limited to a maximum of thirty-two (32) square feet in size, and ten (10) feet in height.

(d)

The name, address and telephone number of the responsible party for posting the temporary non-commercial sign shall be included on the sign.

(e)

Temporary non-commercial signs in the public parkway area are subject to the following additional criteria:

(1)

Signs shall only be posted between twenty-five (25) feet and three hundred (300) feet of a street intersection. No more than one (1) sign per sponsoring individual or organization shall be permitted in the public parkway area abutting any one (1) parcel of property.

(2)

Signs shall be limited to a maximum of four (4) square feet in size and four (4) feet in height above grade.

(3)

Signs shall not be installed or maintained in any manner so as to impede vehicles or permitted parking adjacent to curb, pedestrian walkways, hinder disabled access, or constitute a hazard to or endanger persons using the sidewalks.

(4)

Signs shall not be located in any visual clearance area.

(5)

Any person, party or group posting such signs shall be liable to the City of Tustin, private property owners and the general public for any injury to persons or property resulting from the placement and maintenance of the sign.

(6)

A temporary non-commercial sign shall be posted for no more than forty-five (45) days per calendar quarter. Signs related to a specific event shall be removed no later than five (5) days after the event to which the sign relates. The date that the sign was posted and the name, address and phone number of the responsible party shall be provided on the back of the sign within a space no larger than ten (10) square inches.

(7)

[Reserved.]

(8)

If the Community Development Director finds that any temporary non-commercial sign has been posted or is being maintained in violation of the provisions of this section, the responsible party shall be given notice to remove said sign(s) within twenty-four (24) hours from the time of said notice. The notice shall include a brief statement of the reasons for requiring removal. If the person so notified fails to correct the violation or remove the sign(s), the Community Development Director may cause said sign(s) to be removed without further notice. If the responsible party for the sign cannot in good faith be located within a reasonable time, the sign shall be deemed abandoned.

(9)

Any temporary non-commercial sign that remains posted for more than forty-five (45) calendar days or for more than five (5) calendar days after the event to which the sign relates shall also be deemed abandoned. The Community Development Director may cause such abandoned signs and any signs, which constitute an immediate peril to persons or property to be removed summarily and without prior notice. The City shall assess a charge against any

person, candidate, entity, party or group posting or placing signs in violation of this section for the cost incurred in the removal.

(10)

Signs in the public parkway area in violation of this section shall be subject to removal by City in accordance with section 9405e1(b) of this Code.

(11)

Any person who intentionally defaces, obliterates, tears down, or destroys a sign installed in accordance with the provisions of this Code shall be subject to being charged with an infraction pursuant to section 1121 of this Code.

(Ord. No. 1483, Sec. 6, 4-3-18)

14.

[Reserved.] (Ord. No. 1483, Sec. 7, 4-3-18)

15.

Human signs shall be permitted on private property and in public parkway areas and sidewalks, subject to the following provisions:

(a)

Human signs shall be prohibited within two hundred (200) feet of any street intersection.

(b)

Human signs shall be limited to a maximum of three (3) square feet in size.

(c)

Human signs shall not block the visibility of any traffic control device or traffic signal for motorists.

(d)

Human signs on public sidewalks shall yield to the passage of pedestrians.

(e)

Human signs shall not spin, twirl, swing or gyrate.

f.

Exceptions. When an application for a sign code exception has been submitted to the Community Development Department, the Community Development Director shall have authority to grant or conditionally grant an exception to allow no more than a ten (10) percent increase in height or sign area of an allowable sign subject to findings contained herein. The Planning Commission shall have authority to grant or conditionally grant all other exceptions to the various sign regulations contained in this Chapter subject to the following:

1.

Sign size and placement restrictions of this chapter shall be as closely followed as practicable;

The intent and purpose of the sign regulations of the land use zone in which the sign is to be located shall be followed as closely as practicable;

3.

There are special circumstances unique to the property to justify the exception;

4.

Granting of the exception will not have a negative impact on surrounding properties;

5.

The Sign application promotes the public health, safety, welfare and aesthetics of the community and that the granting of the exception meets the findings and intent of this Chapter.

g.

Standard sign plans. All applications for sign permits shall be accompanied by three (3) sets of dimensioned plans and shall include the following information:

1.

The name, address, and telephone number both of the owner or persons entitled to possession of the sign and of the sign contractor or erector.

2.

The location by street address of the proposed sign.

3.

An elevation of the sign showing the dimensions of the sign, the dimensions of the sign's supporting members, the maximum and minimum height of the sign, sign copy, proposed lettering and background color and lettering style.

4.

A dimensioned elevation of that portion of the building exterior where the proposed location of the sign will be placed in relation to the face of the building.

5.

A dimensioned site plan showing the proposed location of the sign in relation to the boundaries of the lot upon which it is to be situated and any pole or monument signs within fifty (50) feet of the site boundaries can be prepared on an eight and one-half (8½) inch × eleven (11) inch size paper.

6.

Where the sign is to be attached to an existing building, a current color photograph of the face of the building to which the sign is to be attached and color photograph of all existing Signs on the building and sign structures labeled to show which signs will be removed and which will remain.

7.

A sign plan shall indicate the scope and structural detail of the work to be done, including details of all electrical and mechanical connections, guy lines, supports and footing and materials to be used.

8.

Means of lighting/illumination along with an electrical permit for all electrical signs. All electrical components for the sign shall be listed and approved by certified testing laboratory.

9.

Any other information that the applicant believes to be needed to fully define the sign proposal.

10.

Such other architectural, design, or engineering information as may be required by the Uniform Sign Code and Uniform Building Code for the specific sign proposal.

11.

Any required permit and review fees as established by resolution of the City Council.

h.

Master sign plans. A master sign plan is required for developments in specific plan, planned development and planned community districts, multi-use sites, multi-tenant centers and mixed-use districts in the City. The purpose of a master sign plan is to encourage coordinated and quality sign design (integrated with architectural style of project) on sites where a large number of signs will occur. In addition, the master sign plan should include permanent directional/information signs to facilitate smooth internal circulation by the motorist.

1.

Requirements for a Master Sign Plan. After approval of a master sign plan, no sign shall be erected, placed, painted or maintained except in conformance with such plan, and such plan may be enforced in the same way as any provision of this ordinance unless a modification to the master sign plan is approved. In case of any conflict between the provisions of such a plan and this ordinance, the ordinance takes precedence. In addition to all of the requirements for standard sign plans contained in Section 9403g of this Chapter, the following additional information shall be required for a master sign plan:

(a)

Plan specifications including the type and texture of materials and colors proposed for the signs and the building facade.

(b)

A colored elevation of the proposed signs as they would appear on the building facade.

(c)

Drawings illustrating the lettering styles and sizes proposed and the use of logos, if any.

(d)

Color photographs of buildings and signs on adjacent sites.

(e)

Any regulations that are more restrictive than those included in the sign code pertaining to use, location and size of signs.

2.

Master sign plan criteria. In addition to general criteria listed in Section 9403i of this Chapter, master sign plans shall be reviewed for conformance with the following criteria:

(a)

Signs shall reflect a common theme, incorporating design elements in terms of materials, letter styles, colors, illumination, sign type and sign shape.

(b)

Signs shall utilize materials, colors, and a design motif which are compatible and which reflect the special qualities of the architecture of the buildings on the site in both daytime and nighttime situations.

(c)

For developments with existing signs, the master sign plan shall designate appropriate replacements, if any, which are consistent with the new signage. Where such signs cannot be replaced immediately, a schedule or phasing plan for bringing such signs into conformance with the master sign plan shall be submitted and become part of the approval. A cash bond, based upon the estimated cost to remove the sign, may be required to guarantee their removal. Bond is returnable upon successful completion of removal. If not removed, the bond will be forfeited, and the sign will be removed by the City pursuant to the enforcement procedures of section 9405e. The master sign plan should acknowledge that tenants desiring signs may not be identified during the building design process or may change over time. Therefore, care should be taken in size and placement to accommodate future changes.

(d)

The master sign plan shall designate a person or firm as the primary liaison with the City for the purpose of requesting approval of the master sign plan and for submitting sign permit requests in conformance with the approved master sign plan.

(e)

The master sign plan submitted by the applicant may establish more restrictive sign standards than those contained in this Chapter.

(f)

The master sign plan for a center may deviate from the specific standard for permanent business identification upon submittal and approval of a conditional use permit, provided that the center is a single development project of at least thirty thousand (30,000) building square feet or one (1) acre in project size.

i.

Review criteria.

1.

General criteria (applicable to all signs). Proposed signs and the materials, size, color, lettering, location and arrangement thereof shall conform to the following criteria:

(a)

Signs shall be consistent throughout the site by incorporating common design elements such as quality of materials, letter style, colors (not more than three (3) excluding black and white per individual sign), illumination, sign type or sign shape.

(b)

Signs shall be compatible with and bear a harmonious relationship to the visual image and architectural design of the buildings they identify in terms of materials, colors, and design motif.

(c)

Signs shall relate to a human scale and shall be directed toward pedestrians as well as motorists. The base and supporting structure of all signs shall be consistent with the size and scale of the advertising surface.

(d)

Signs shall contain only that information necessary to identify the businesses or uses of the property on which the sign is located and be in compliance with district regulations. Identification of product, trade and service information is permitted and considered supplemental provided it is subordinate to business identification. Supplemental signs shall be considered subordinate if no more than twenty-five (25) percent of the total allowable sign area is used for this purpose.

(e)

Signs shall be appropriately visible, legible, as far as spacing and proportion of letters and details and shall not dominate the visual quality of the site or obscure from view existing or adjacent signs.

(f)

Signs shall be compatible with the visual characteristics of the development and signs in the surrounding area and shall not detract from adjacent developed properties.

(g)

New signs in existing developments shall be designed in accordance with the established master sign plan for the building or center where the signs are to be located. If a master sign plan does not exist, any new signs shall be designed to be harmonious with other existing signs on the property and/or architectural theme or design features of the building(s) or required by any special criteria pursuant to section 9403h.

(h)

Freestanding signs may be located in a required yard setback area provided the following criteria are met:(1) Said location is not within a required visual clearance area as shown on section 9412 exhibits.(2) All signs proposed to be located within the public safety area shall be reviewed and approved by the Public Works Department.(3) All such signs shall be located a minimum of twenty-five (25) feet from an interior side property line or fifty (50) feet from another existing pole or monument sign located on an adjacent site, whichever is less restrictive.(4) In the event of a lighted sign the location will not cause negative light and glare impacts on adjacent sensitive land uses.

(i)

All signs shall conform to provisions contained in section 9404 of this Chapter and any previously approved master sign plan, on file with the Community Development Department.

2.

Special criteria. The Planning Commission may recommend, and the City Council may establish more specific design criteria by resolution within certain portions of the City to encourage signs which are in harmony with established architectural guidelines in those areas. The specific criteria may be more or less restrictive than the regulations included in this Chapter.

(Ord. No. 1321, Sec. 2, 4-3-07; Ord. No. 1574, Sec. 22, 3-17-26)

a.

Prohibited sign types, prohibited materials and prohibited locations. Any sign, sign structure or advertising device which are not specifically permitted by the zoning district regulations in which the sign is located or which may have been erected in violation of the laws in effect at time of erection is prohibited. Such prohibited signs include, but are not limited to, the following types, materials and locations.

1.

Types of signs prohibited:

(a)

Advertising bench signs. No person shall place within a public right-of-way, public parkway area, or in any public safety area within the City any advertising bench, or seat except:

(1)

Upon obtaining a written permit from the City Council, and

(2)

Upon obtaining the approval of the City Engineer for the design and construction details.

(b)

Advertising display bus shelter signs. No person shall place within a public right-of-way, public parkway area, or in any public safety area within the city any advertising display bus shelter, except in compliance with the following conditions:

(1)

A franchise agreement or other contractual agreement acceptable to the City Attorney shall be required for all advertising bus shelters proposed within the public right-of-way or public parkway area. City Council approval shall also be required for all shelters located within a public safety area.

(2)

The Planning Commission and City Engineer shall review and recommend to the City Council appropriate locations, design and construction details for all advertising bus shelters prior to award of franchise agreement or approval of alternative contractual agreement. However, in no case shall an advertising bus shelter be located within a residential neighborhood. The Planning Commission may also recommend certain guidelines to the City Council on appropriate standards for advertising and/or design.

(3)

All advertising display bus shelters shall be located based upon ridership demand, as determined by the Orange County Transit Authority and City Engineer.

(4)

Displays shall not contain advertising for tobacco or alcohol products.

(c)

Aerial signs, unless approved pursuant to section 9404c of this chapter.

(d)

Animated signs.

(e)

Audible signs.

(f)

Beacons. Unless approved pursuant to sections 9403d or 9404b of this Chapter.

(g)

Festoons. Unless approved pursuant to section 9404c of this Chapter.

(h)

Flashing signs, but not including freeway adjacent digital display billboards approved pursuant to section 9404b(7). (Ord. No. 1505, § III, 2-4-20)

(i)

Light bulb strings, except holiday lights per section 9403e5, and not in conformance with section 9403e12.

(j)

Obscene or unlawful signs.

(k)

Off-premises signs, except those erected or caused to be erected by the City, freeway adjacent digital display billboards approved pursuant to section 9404b(7), temporary off-premises commercial signs, human signs, and temporary noncommercial signs. (Ord. No. 1483, Sec. 9, 4-3-18; Ord. No. 1505, § III, 2-4-20)

(l)

On-premises advertising display.

(m)

Painted signs.

(n)

Portable signs, except those approved by the City within the Cultural Resource District and/or Old Town Commercial General Plan land use designation. (Ord. No. 1483, Sec. 9, 4-3-18)

(o)

Projecting signs.

(p)

Roof signs, except rooftop signs displaying only company name or logo on a flat roof so not to be seen from a horizontal plane of view below the roof line and approved as part of a Master Sign Plan pursuant to 9403h or 9404b6; and roof signs on buildings listed within the City's Historic Resources Survey pursuant to Section 9299(b)(3)(l). (Ord. No. 1429, Sec. III.2, 5-21-13; Ord. No. 1524, Sec. 72, 8-16-22)

(q)

Service, product and pricing signs. Any sign advertising specific brand names or pricing unless incorporated into the business name for the purpose of City business licenses and filing of fictitious business name as required by the State Board of Equalization. Specific pricing signs as required by state law and permitted in the Code are not subject to these limitations. Identification of product, trade or service information in excess of twenty-five (25) percent of the total allowable sign area is also prohibited.

(r)

Signs constituting a traffic hazard. No person shall install or maintain or cause to be installed or maintained any sign which simulates or imitates in size, color, lettering or design any traffic sign or signal, or which makes use of the words "stop, look, danger," or any other words, phrases, symbols or characters in such a manner to interfere with, mislead or confuse vehicular or pedestrian traffic.

(s)

[Reserved.] (Ord. No. 1483, Sec. 10, 4-3-18)

(t)

Vehicle-mounted signs. Business signs on or affixed to trucks, automobiles, trailers or other vehicles, while parked on public or private property, excepting those vehicles used for the purpose of lawfully making deliveries or sales of merchandise or rendering services.

2.

Materials prohibited: Nondurable signs. Paper, cloth or any matter or material not securely fastened to the surface of a sign or sign structure with the exception of approved temporary signs.

3.

Locations prohibited:

(a)

Signs in proximity to utility lines. No permit shall be issued for any sign, and no sign shall be constructed or maintained, which has less horizontal or vertical clearance from authorized communication or energized electrical power lines than that prescribed by the laws of the state or rules and regulations duly promulgated by agencies thereof. Signs are prohibited on any utility pole, traffic sign post, traffic signal or any other official traffic control device, in accordance with Section 21465 of the California Vehicle Code.

(b)

Visual clearance area. No permit shall be issued for any sign and no sign shall be constructed or maintained which is located within the visual clearance area. This area shall be measured from each side of the driveway or access point to the adjoining street per current City standards. See the diagram in section 9412 showing visual clearance area.

(c)

Signs on any public property, public right-of-way, and public parkway area. Signs on any public property, within public right-of-way, including the public parkway area, traffic control sign posts, utility poles, and trees are prohibited. No person, except a public officer in performance of public duty, shall affix by any means any form of Sign on any public property or within the public right-of-way. Temporary off-premises commercial signs, temporary noncommercial signs, and human signs shall be permitted within the public parkway area, but only in strict accordance with section 9403e. (Ord. No. 1483, Sec. 11, 4-3-18)

(d)

Projecting signs. Projecting signs shall not extend over or into a public right-of-way or public parkway area, except for public event banners, subject to approval by the Community Development Director.

(e)

Side yard setback area. A monument sign shall be set back a minimum of twenty-five (25) feet from side property lines or fifty (50) feet separation from another pole or monument sign located on an adjacent site, whichever is less restrictive. Additional regulations for monument signs are located in sections 9407 through 9411.

b.

Signs subject to conditional use permit approval. The following types of signs are permitted only when reviewed by the Planning Commission and where a conditional use permit has been issued in accordance with the Tustin Zoning Code. An application for a conditional use permit for these types of signs shall be processed in accordance with conditional use permit procedures contained in the Tustin Zoning Code. Appeal procedures for conditional use permits shall also be governed by applicable sections of the Tustin Zoning Code.

1.

Changeable copy signs (electronic or manual), except time and temperature signs which are permitted.

2.

Pole sign. All pole signs not considered either (1) freestanding freeway signs pursuant to subsection 9404b(3), or (2) freeway adjacent digital display billboards pursuant to subsection 9404b(7), shall require approval of a conditional use permit. In addition to findings required to be made on granting of a CUP contained in the Tustin City Code, the following restrictions and criteria shall apply:

(a)

Type of business. Only center identification signs are permitted to be pole signs.

(b)

Size and scale of project. The center identified by the sign is a single development project of at least one hundred thousand (100,000) building square feet or five (5) acres in project size which has a minimum of three (3) or more tenants.

(c)

Design. The pole sign is designed to reflect theme of the center it identifies and incorporates similar design elements, materials, colors and special qualities of the architecture of the building(s) in the center and is compatible with existing or proposed signage in the center.

(d)

Location. The pole sign shall (1) be located within a landscaped area and is limited to one (1) per street frontage, (2) maintain a minimum of one hundred (100) lineal feet from any other monument sign or freestanding sign in the center, and (3) be set back a minimum of twenty-five (25) feet from interior side property line or maintain a minimum of fifty (50) feet from another pole or freestanding sign located on an adjacent site.

(e)

Height and size. The sign shall be compatible with the size and scale of the project and shall not exceed twenty (20) feet in height and fifty (50) square feet in size.

(Ord. No. 1505, § IV, 2-4-20)

3.

Freestanding freeway signs. The purpose of a freeway sign is to provide identification for businesses that provide services to the freeway motorist. In addition to findings required by the Tustin City Code, the following restrictions and criteria shall apply:

(a)

Type of business. Only businesses offering eating facilities, lodging accommodations or automobile services are permitted to have a freeway sign.

(b)

Location of business. Only those permitted businesses that are located directly adjacent to the freeway right-of-way, or separated from the right-of-way by a frontage road may request a freeway sign.

(c)

Location of sign. The sign may be located in such a manner as to be oriented towards and visible from the closest freeway lanes. In any event, the freeway sign shall maintain a minimum twenty-five-foot setback from a non-freeway property line or maintain a minimum of fifty (50) feet from another freestanding sign located on an adjacent site.

(d)

Height and size. The sign shall be no higher or larger than necessary to provide identification to freeway motorist. In any event, the freeway sign shall not exceed twenty-four (24) feet in height and fifty (50) square feet in size.

4.

Reserved. (Ord. No. 1524, Sec. 73, 8-16-22)

5.

Beacons. Any beacon used (other than approved for grand openings) as a searchlight directing light beams into the atmosphere or at one (1) or more points on-site shall require a conditional use permit.

Reserved. (Ord. No. 1524, Sec. 73, 8-16-22)

7.

Freeway adjacent digital display billboards. All freeway adjacent digital display billboards shall require a conditional use permit granted in accordance with section 9291 and a development agreement issued in accordance with chapter 6 of the Tustin City Code. In addition to the findings required by the Tustin City Code for granting a CUP and approving a development agreement, the following restrictions and criteria shall apply:

(a)

Freeway adjacent digital display billboards may only be approved in instances where the freeway adjacent digital display billboard will replace on the same parcel, alter, or modify the structure, display and/or content of a legally nonconforming off-premises sign or a freeway-oriented electronic changeable copy sign erected on or before November 14, 2019 and subject to the following limitations:

1.

Location. Freeway adjacent digital display billboards may only be erected on commercially zoned parcels located within four hundred (400) feet of either the Interstate 5 freeway or the SR 55 freeway right-of-way.

2.

Distance from residential uses. No freeway adjacent digital display billboard may be placed at a distance of less than three hundred (300) feet from the property line of any residentially zoned parcel, as measured from the border of the digital display billboard face, or the base of the digital display billboard structure, whichever is closest to the residentially zoned parcel.

3.

Height. The maximum height of any freeway adjacent digital display billboard shall not exceed fifty-five (55) feet above the pavement level of the Interstate 5 freeway or SR 55 freeway to the bottom of the digital display.

4.

Size. The maximum size of each freeway adjacent digital display billboard face display area shall be twenty-five (25) feet in height and sixty (60) feet in width, with the area of each face not to exceed an overall maximum amount of fifteen-hundred 1,500 square feet, including border and trim.

5.

Design. All freeway adjacent digital display billboards shall either be double faced or include covered backs or facings. Notwithstanding anything in this Chapter to the contrary, the distance of separation between the faces on a doublefaced freeway adjacent digital display billboard may exceed eighteen (18) inches if deemed necessary by City to maximize visibility from the Interstate 5 freeway or the SR 55 freeway.

6.

Orientation. Each freeway adjacent digital display billboard must be oriented primarily for viewing from the Interstate 5 freeway or the SR 55 freeway.

Brightness. All freeway adjacent digital display billboards must comply with all applicable laws and regulations concerning brightness, including, without limitation, California Vehicle Code Section 21466.5.

8.

Display cycle. A freeway adjacent digital display billboard may show a series of still images, each displayed for at least eight (8) seconds. The still images may not move or present the appearance of motion and may not use flashing, scintillating, blinking, or traveling lights or any other means not providing constant illumination. Transition or blank screen time between one (1) still image and the next may not exceed one (1) second.

9.

Compliance with law. The owner of the freeway adjacent digital display billboard must comply with all applicable federal, state, or local laws, including the Highway Beautification Act of 1965 (23 United States Code Section 131), the Outdoor Advertising Act (California Business and Professions Code Section 5200 et seq.), and this Chapter, when constructing, operating, improving, maintaining, repairing, and removing the freeway adjacent digital display billboard.

10.

Public benefit. In approving a development agreement for any freeway adjacent digital display billboard, the City Council must find that the agreement will confer a substantial public benefit to the City and to the general public. Such public benefits may include, without limitation, the removal of additional legal non-conforming billboards, advertising of City events and public service announcements, and/or financial contributions to the City.

11.

Required Findings. In approving a freeway adjacent digital display billboard, the City Council must find that each freeway adjacent digital display billboard:

a.

Complies with the requirements of this subsection 9404b(7) and this Chapter;

b.

Will not create a traffic or safety hazard;

c.

Will not create a nuisance to adjacent property; and

d.

Will not result in any undue or significant increase in visual clutter in the area surrounding the parcel upon which the freeway adjacent digital display billboard will be located.

(Ord. No. 1505, § V, 2-4-20)

c.

Signs subject to Zoning Administrator Review. The following types of signs are permitted only after the Zoning Administrator has reviewed and approved the sign permit application for conformance with the review criteria outlined in section 9403d:

Tivoli lights or tube lights. External displays of small decorative lights of a permanent nature require approval by the Zoning Administrator. Tivoli lights are a brand of tube lights.

2.

Neon/exposed light when intended as a permanent feature integrated with a building's architectural design.

3.

Festoons. Festoons may be permitted on a temporary basis only in conjunction with a special event, provided the Zoning Administrator determines that it is consistent with the size and scale of the project and approves a temporary sign permit.

4.

Temporary decorative flags and nonmetallic balloons. Any request to deviate from the location, size height, number or time limits for decorative flags or balloons as provided for in section 9403d shall be reviewed by the Zoning Administrator. Prior to approval, the Zoning Administrator shall determine that the proposal is compatible with the size and scale of the buildings on the site and project size.

5.

Permanent decorative flags/banner signs. Any request to install permanent decorative flags or banner signs on a building or project site is subject to the design review procedures outlined in section 9272 of the Tustin Municipal Code and shall be reviewed by the Zoning Administrator. In approving such flags or banner signs, the Commission shall determine that the permanent decorative flags or banner signs meet the following criteria:

(a)

Consistent with project theme.

(b)

Compatible with architectural design of project.

(c)

Integrated into project design.

(d)

Shall be maintained and replaced or removed when torn, frayed, faded or otherwise damaged.

(Ord. No. 1536, Secs. 23—27, 4-16-24)

d.

Required signs.

1.

Construction signs shall include such information as project name, emergency phone number and contact. All such Signs shall be removed prior to approval for occupancy.

Address numbers. As provided for in sections 4111 and 4112 of the Uniform Building Security Code, street address numbers shall be displayed in a prominent position so as to be easily visible to approaching vehicles. For residential uses, the numbers shall be no less than three (3) inches in height and for nonresidential uses the numerals shall be no less than six (6) inches in height. In all cases, the numbers shall be of a color contrasting with the background and located so they can be clearly seen and read.

e.

Gasoline service station sign standards.

1.

Pricing signs shall be visible from the street or highway adjacent to the sign, and when situated at an intersection, the sign shall be visible from each street.

2.

The number of signs, sign area, location, height and type of signage shall conform to the individual business identification sign criteria.

3.

Pricing signs shall be incorporated with the service station business identification sign.

4.

Gasoline pump information signs shall be attached to pump islands and limited to two (2) per island column elevation. No products, Logos or business identification shall be included.

f.

Permitted signs by zoning district and use. All signs shall be governed by the limits set forth in the sign regulations chart, attached to this chapter as sections 9406 through 9411 and incorporated herein by reference except if addressed elsewhere in this chapter. Signs not expressly authorized elsewhere in this chapter or on the sign standard charts shall be considered unauthorized. The sign chart lists the maximums permitted for number, sign area and height of allowed signs along with other standards.

g.

Maintenance and construction of signs.

1.

Standards.

a.

All signs and sign structures shall be enclosed, structurally safe, kept in good repair, including replacement of defective parts and illuminating fixtures, repainting and cleaning, and otherwise in a presentable condition such that they do not detract from the appearance of the surrounding area and shall comply with the most current Uniform Building Codes, as locally amended.

b.

All repairs to signs shall be at least equal in quality and design to the original signs.

c.

All signs and sign material shall be constructed of permanent materials including but not limited to metal, wood or other comparable durable weatherproof material. No material more combustible than treated wood shall be used in the construction of any permanent sign. Any sign support used in the construction of any permanent sign shall be reviewed as part of the sign application. Brackets or other structural elements that contribute to the architecture or in any way contribute to the advertisement of a business shall be calculated as part of the aggregate area of signage permitted for the site. All cabinets, conductors, transformers or other equipment shall be concealed from public view.

d.

Every sign erected which is subject to a permit shall have its sign permit number, name of erector, installation year, and voltage (if electrical) in a readily visible location.

e.

Electric signs shall be indirectly illuminated. Illumination shall be either from the interior of a sign, behind letters (back lighting), channel lighting illuminated from finished grade, or another indirect lighting source. Letters and Logos may be internally lit but sign background shall be opaque. Illumination shall be considered excessive and not permitted when it prevents the normal perception of buildings or structures beyond or in the vicinity of the sign or when it shines directly onto residential zones or in any public or private right-of-way. All illuminated signs shall be designed, placed or arranged to prevent glare upon the public right-of-way, adjacent properties, and traffic circulation areas of the subject property and shall not create a menace to traffic or a nuisance to adjacent property.

f.

All areas where wall signs are removed and background discoloration or holes remain shall be appropriately patched and painted to match the building surface within thirty (30) days of removal of said sign.

2.

The Community Development Department shall have the authority to order the painting, repair, alteration or removal of a sign that does not conform to the standards set forth in subsection (1).

3.

Hazardous signs. If a sign is damaged or not properly maintained to a degree that causes it to pose a physical danger to persons or property, the following provisions shall apply:

a.

A hazardous sign is a sign that poses a danger to the public or that could create a potential hazard and are declared to be a public nuisance.

b.

Removal of hazardous signs. Upon discovering a hazardous condition, the Community Development Director may cause the immediate removal of a sign that is a danger to the public due to unsafe conditions. The determination that a sign has become hazardous or unsafe shall consider only the physical condition and characteristics of the sign, and shall not consider the message thereon. No hearing shall be required for the removal of hazardous signs. The Community Development Director is not required to give notice of intent to remove the sign prior to removal, but shall inform the responsible party that the hazardous sign has been removed within seven (7) days of removal, by certified United States mail, return receipt requested and by first class United States mail.

c.

Signs removed in compliance with this section shall be stored for thirty (30) days, during which time they may be recovered by the responsible party upon payment to the City for costs of removal and storage. If not recovered within the thirty-day period, the sign and supporting structure shall be declared abandoned and title shall vest with the City. The reasonable cost of the removal and storage may be assessed against the owner of the sign(s) and/or the property owner. If not paid, the applicable costs may be imposed as a tax lien against the property. Notice of the imposition of the tax lien shall be sent to the owner of the property by certified United States mail, return receipt requested, as well as by first class United States mail. Costs of removal and storage (up to thirty (30) days) may be billed to the responsible party.

(Ord. No. 1321, Sec. 2, 4-3-07)

a.

Responsibility. The Community Development Director shall have the authority to administer and enforce all the provisions of this chapter in accordance with the provisions of this Code and the currently adopted Uniform Building Code.

b.

Interpretations. If any ambiguity arises concerning the appropriate application of the sign code, the Community Development Director shall make the final decision as to the application of this sign code. In making this determination, the Director shall consider (but not be limited to) the following items:

1.

The general intent and purpose of the sign code.

2.

Prior administrative interpretation of similar provisions of the sign code.

3.

The general intent and purpose of similar provisions in the sign code.

4.

The intent and purpose of the zone classification of the property involved.

5.

The provisions of the general plan.

6.

Any other applicable codes or requirements, legally permitted precedents or other relevant information applicable to the application.

Any decisions of the Community Development Director may be appealed to the Planning Commission pursuant to the appeals procedure in this chapter.

c.

Legal Nonconforming Signs. A legal nonconforming sign shall be made to conform to all provisions of this Chapter if the Director determines that any of the following events occur:

1.

A legal nonconforming sign shall not be changed to another nonconforming sign.

2.

A legal nonconforming sign shall not be structurally altered so as to extend its useful life. A sign shall be considered to be structurally altered if the construction materials are physically replaced with new materials. The replacement of face copy in a cabinet-type sign does not constitute structural alteration.

3.

A legal nonconforming sign shall not be expanded or altered so as to change the size, shape, position, location or method of illumination of the sign.

4.

A legal nonconforming sign shall not be reestablished after discontinuance of the use for ninety (90) days or more. If any use is wholly discontinued for any reason, except pursuant to a valid order of a court of law, for a period of ninety (90) days, it shall be presumed that such use has been abandoned in accordance with Section 9405d. All other provisions of the enforcement Section 9405e shall apply.

5.

A legal nonconforming sign shall not be reestablished after damage or destruction of more than fifty (50) percent of its replacement value, including destruction by an act of God.

(Ord. No. 1397, Sec. 10, 11-15-11)

d.

Abandoned signs and advertising displays. Lawfully erected signs or advertising displays pertaining to activities or occupants that are no longer using a property shall be removed by the responsible party from the premises within sixty (60) days after abandonment. A sign is considered abandoned if the occupants are no longer conducting business for a period of ninety (90) days. (Ord. No. 1367, Sec. II, 4-6-10)

e.

Enforcement, legal procedures, and penalties. Enforcement, legal procedures and penalties with all with recovery costs shall be in accordance with the following provisions and any provisions of state law as may be amended from time to time.

1.

Notice and removal.

(a)

Notice of violation. Where it is determined that a sign is constructed, erected or installed in violation of this Chapter; improperly maintained; abandoned; illegal; unsafe; or the sign permit has terminated, been revoked or is otherwise in violation of this Chapter; and written notice is required pursuant to this Chapter, such notice shall be mailed or delivered to the responsible party. If the notice cannot be sent or delivered to the responsible party, then the notice

shall be attached to the sign. The notice shall give the responsible party an opportunity to cure the violation or to appeal the City's determination to remove without notice and shall include instructions for how to request a hearing or appeal. An invoice for costs may be included with the notice.

(b)

Removal with notice. If the City is required to remove any signs or if no response is made to a notice of violation, the sign may be removed by the City. The sign will be stored by the City for a period of thirty (30) days and may be reclaimed by the responsible party after the payment of all removal and storage costs. Any sign not reclaimed within such time, may be destroyed or disposed of by the City. In the event the responsible party does not reclaim the sign, or pay all fees assessed by the City, the City may recover its costs through the cost recovery mechanism identified in this section.

(c)

Removal without notice—Nominal value signs. Notwithstanding any other provision herein to the contrary, nominal value signs in the public right-of-way, public parkway area, or easements, excepting political signs, if posted in clear disregard of the provisions of this Chapter, may be removed and destroyed without notice or hearing. Signs constructed of cloth, paper, cardboard or scrap wood, with hand drawn or painted lettering, unframed and unmounted or staked to the ground or nailed to a post and any other sign believed to have a value of less than two hundred dollars ($200.00) may be determined by the Director of Community Development to have nominal value.

2.

Nuisance. Notwithstanding any other provision under this Code, all illegal signs are declared to be a public nuisance and are subject to the public nuisance procedures set forth in Chapter 5, "Property Maintenance And Nuisance Abatement Regulations and Standards," of the Tustin Municipal Code.

3.

Civil and legal procedures. Notwithstanding the enforcement tools described in this chapter, the City may concurrently utilize all available criminal and legal penalties available to it including infraction and misdemeanor citation provisions contained in Section 1121 of the Tustin City Code.

4.

Cost recovery. The City shall have the right to recover from a responsible party the full costs of legal remedies, confiscation, storage and disposal of said sign. An account of all costs for confiscation, removal, storage and/or disposal shall be maintained by the Community Development Department. The total costs of abatement including all administrative costs shall constitute a special assessment against the sign owner and/or property owner. (Ord. No. 1367, Sec. II, 4-6-10)

5.

Hearings.

(a)

Unless stated otherwise in this Chapter, any person who has received a notice and/or invoice pursuant to this Chapter may request a hearing. Any hearing request must be in writing with the Community Development Director within ten (10) business days of the date of mailing of the notice/invoice. The request for hearing must set forth the basis of such person's objection.

(b)

Upon receipt of a request for a hearing, the Community Development Director shall set a hearing date before a hearing officer appointed by the City Manager within thirty (30) days of receipt of the request for a hearing. The Director shall provide the person requesting the hearing at least five (5) days advance notice of the hearing date. The hearing date may be changed by mutual consent of the Community Development Director, the person requesting the hearing, and the hearing officer. At the hearing, the person requesting the hearing will have an opportunity to present evidence supporting his/her position.

(c)

Within thirty (30) days following the conclusion of the hearing, the hearing officer shall render a written decision. A copy of this decision shall be promptly sent to the responsible party. This decision shall be final unless appealed by the responsible party (also referred to as the "appellant").

(d)

If no appeal is filed, the responsible party, within seven (7) days, following the finality of the determination of the hearing officer shall commence the repairs or improvements or removal ordered, and such work shall be completed within ninety (90) days from the commencement thereof, unless otherwise agreed to by the Community Development Department.

f.

Appeals. Any person may appeal any decision of the Director of Community Development in accordance with Section 9294 of this Code. (Ord. No. 1366, Sec. 28, 11-17-09)

g.

Compliance with State and Federal Regulations. Nothing contained in this chapter shall be construed as permitting signs which violate State or Federal law, or as eliminating the necessity of full compliance with all such laws affecting erection or maintenance of signs.

h.

Severability. All of the provisions of this Chapter shall be construed together in order to accomplish the purpose of these regulations. If any provision of this Chapter is held by a court to be unconstitutional, such unconstitutionality shall apply only to the particular facts, or if a provision is declared to be unconstitutional as applied to all facts, all of the remaining provisions of this Chapter shall continue to be fully effective.

(Ord. No. 1321, Sec. 2, 4-3-07)

9406—9411 - CHARTS

The charts on the following pages provide general regulations for signs defined in Section 9402. The regulations also serve as guidelines for sign programs and zoning districts. Each class of sign has specific regulations designed for a particular use of the sign. These regulations are provided in a matrix format which identifies class of signs, type of signs, sign area, quantity, height, location, illumination and permit requirements. Additional sign regulations are contained in Sections 9403 and 9404. (See charts at end of Section 9413.)

(Ord. No. 1321, Sec. 2, 4-3-07)

Editor's note— See individual charts for legislative history pertaining to said chart.

The graphics on the following pages illustrate various types of signs, building frontage and sign area calculations. (See graphics at end of Section 9413.)

(Ord. No. 1321, Sec. 2, 4-3-07)

No provision of this Chapter shall be construed to limit the rights of owners of signs regulated by this Chapter to display noncommercial messages on any sign authorized by this Chapter.

(Ord. No. 1321, Sec. 2, 4-3-07)

9406 TEMPORARY SIGNS ALLOWED IN ALL ZONING DISTRICTS

width of 35 Maximum b. Permitted only for feet vertical events and promotions height of 4 open to the public and feet. sponsored by the City of Tustin.

(Ord. No. 1483, Secs. 12—14, 4-3-18)

• Also applies to Planned Community Districts where Development Plan does not establish standards.

• Also applies to Planned Community Districts where Development Plan does not establish standards.

(Ord. No. 1536, Secs. 28—30, 4-16-24)

requirements to be viewed from within the Wall: On 1st site by pedestrians and/or floor and in motorists. no case c. May provide more than 1 higher than per entrance in order to 15' above the facilitate smooth internal ground circulation if a deviation is granted in a Master Sign Plan. See Section 9403i.2.

• Also applies to Planned Community Districts where Development Plan does not establish standards.

9410 INDUSTRIAL DISTRICTS*

• Also applies to Planned Community Districts where Development Plan does not establish standards.

9411 PUBLIC AND INSTITUTIONAL DISTRICTS*

subject to a Conditional Use Permit. Must also submit a Master Sign Plan

• Also applies to Planned Community Districts where Development Plan does not establish standards.

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==> picture [393 x 520] intentionally omitted <==

==> picture [393 x 464] intentionally omitted <==

==> picture [393 x 475] intentionally omitted <==

==> picture [393 x 514] intentionally omitted <==

CHAPTER 5 - REDEVELOPMENT AGENCY

Recognizing the existence of the Redevelopment Agency in the City of Tustin as established by California Health and Safety Code Section 33000, the City Council declares that there is a need for the Redevelopment Agency to function in the City of Tustin. Recognizing further the existence of a Community Development Commission in the City of Tustin as established by California Health and Safety Code Section 34110, the City Council declares that there is a need for a Community Development Commission to function in the City with respect to the Redevelopment Agency as its governing body and to exercise such other powers regarding community development that the City Council may desire to delegate to the Commission subject to such conditions as the City Council may impose.

(Ord. No. 696, Sec. 1; Ord. No. 1330, Sec. 1, 2-20-07)

A.

The City Council, pursuant to California Health and Safety Code Section 33200, declares itself to be the Tustin Redevelopment Agency, the redevelopment agency of the City, and all the rights, powers, duties, privileges and immunities shall be deemed vested in the City Council as the Agency.

B.

The City Council, pursuant to California Health and Safety Code Section 34120, declares itself to be the Tustin Community Development Commission, the community development commission of the City and that this Commission shall be the governing body of the Redevelopment Agency of the City, and all the rights, powers, duties, privileges, and immunities shall be deemed vested in the City Council as the Community Development Commission.

C.

The Tustin Community Development Commission shall not exercise the powers, duties or responsibilities of a housing authority nor shall the Commission operate and govern a housing authority unless the City Council adopts an ordinance amending this Chapter declaring the need for the Commission to function as the housing authority for the community.

(Ord. No. 696, Sec. 2; Ord. No. 1330, Sec. 2, 2-20-07)

The Agency created by this Chapter shall be known as the "Tustin Community Redevelopment Agency," governed by the "Tustin Community Development Commission."

(Ord. No. 696, Sec. 3; Ord. No. 1330, Sec. 3, 2-20-07)

Members of the City Council shall receive no additional compensation for serving as members of the Community Development Commission. However, members shall receive their actual and necessary expenses, including travel, incurred in the discharge of their duties as members of the Commission.

(Ord. No. 696, Sec. 4; Ord. No. 857, Sec. 1, 8-17-81; Ord. No. 1330, Sec. 4, 2-20-07; Ord. No. 1384, Sec. 1, 7-6-10)

EDITOR'S NOTE: Sec. 2 of Ord. No. 1384, adopted July 6, 2010, provided the provisions of section 1 (amending § 9503) shall become effective September 1, 2010.

The territorial limits of the Agency shall be the territorial limits of the City of Tustin. Designated survey areas for redevelopment projects shall be established by Resolution, adopted by the City Council, or in the alternative, the City Council may by Resolution authorize the City Planning Commission to designate survey areas. The Project Area shall be selected by the Planning Commission in accordance with the provisions of California Health and Safety Code Section 33320.1 and following.

(Ord. No. 696, Sec. 5)

The Tustin Community Redevelopment Agency and the Tustin Community Development Commission shall be vested with all powers as provided by the Community Redevelopment Law and Part 1.7 of Division 24 of the California Health and Safety Code. The Tustin Community Redevelopment Agency and the Tustin Community Development Commission shall take actions by resolution unless otherwise specifically provided under such provisions of law.

(Ord. No. 696, Sec. 6; Ord. No. 1330, Sec. 5, 2-20-07)

Regular meetings of the Tustin Community Redevelopment Agency shall be held on the first and third Tuesday of each calendar month at the hour of 7:00 p.m. in the City Council Chambers, 300 Centennial Way, Tustin, California. When the regular meeting date falls on a legal holiday, the meeting shall be held on the following day.

(Ord. No. 1326, Sec. 5, 1-15-07)

CHAPTER 6 - DEVELOPMENT AGREEMENTS PART 1 - GENERAL

This chapter is adopted pursuant to Government Code Section 65864 et seq. All development agreements entered into after the effective date of this chapter shall be processed in accordance with the provisions of this chapter. (Ord. No. 923, Sec. 1, 12-3-84)

The Director of Community Development shall prescribe the form of each application, notice and document provided for or required under this chapter for the preparation, processing and implementation of development agreements. The application shall include as separate documents, and/or concurrent land use actions and supporting documents by reference, the following information:

(1)

Duration of the agreement;

(2)

The permitted uses of the property;

(3)

The density or intensity of use of the property;

(4)

The maximum height and size of proposed buildings;

(5)

Provisions for reservation of dedication of land for public purposes;

(6)

Fiscal impact statement;

(7)

Phasing and project completion date;

(8)

Consistency with the General Plan and any applicable specific plan.

The Director of Community Development may require an applicant for a development agreement to submit such information and supporting data as the Director of Community Development considers necessary to process the application. (Ord. No. 923, Sec. 1, 12-3-84)

The City Council shall establish and from time to time amend by resolution a schedule of fees imposed for the filing and processing of each application and document required by this chapter. The fee may be waived in whole or in part by the City Council. (Ord. No. 923, Sec. 1, 12-3-84)

An application for a development agreement may only be filed by a person who has a legal or equitable interest in the real property for which a development agreement is sought or the authorized representative of such a person. (Ord. No. 923, Sec. 1, 12-3-84)

Each application shall be accompanied by the development agreement proposed by the applicant. (Ord. No. 923, Sec. 1, 12-3-84)

The Community Development Department shall endorse on the application the date it is received. The Director of Community Development shall review the application and determine the additional requirements necessary to complete the agreement. He may reject the application if it is not completed in the manner required by this chapter. After receiving the required information, the Director of Community Development shall prepare a staff report. The staff report shall analyze the proposed development and shall contain a recommendation as to whether or not the development agreement proposed or in an amended form would be consistent with the General Plan or any applicable specific plan. (Ord. No. 923, Sec. 1, 12-3-84)