Site Development Standards for Commercial uses by Zoning District. Site development standards for Commercial uses shall comply with the standards listed in Table 1, unless otherwise noted. For site development standards for additional permitted or conditionally permitted uses refer to districts in Part 3 of this Chapter.

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

⁽²⁾ Less parking and landscaping requirements, subject to General Provisions for permitted uses only.

⁽³⁾ If development is located within the Central Resources District (CR), refer to Section 9252j for additional standards.

⁽⁴⁾ For Conditional Permitted Uses as specified in Use Permit.

(Ord. No. 1429, Sec. II.11, 5-21-13; Ord. No. 1524, Secs. 30, 31, 8-16-22)

a
Permitted Uses

In the Professional District (Pr), only the following uses (or uses which, in the opinion of the Community Development Director and/or the Planning Commission, are similar) will be allowed subject to the development standards identified in Table 1 of Section 9230 and/or as specified in this Chapter.

1.

Accessory buildings and uses (except that no building site may be used simultaneously for residential and professional purposes).

2.

Advertising agencies.

3.

Automobile broker (office-use only).

4.

Banks, financial institutions, and savings and loans (no drive-thru).

5.

Collection agencies.

6.

Home occupations in accordance with this Chapter.

7.

Insurance agencies.

8.

Interior decorator or artist studios.

9.

Land and property management.

10.

Management, technical or professional consultants.

11.

Office uses, including professional and general (as defined in Section 9297).

12.

Personnel agencies.

13.

Pharmacies, dispensing and selling only drugs, medicines and health.

14.

Photographers.

15.

Single-family dwellings and those accessory structures, buildings and uses normally incidental to the uses of a building or premises for single-family occupancy subject to the requirements of the R1 District.

16.

Social work.

17.

Stock brokers.

18.

Title insurance companies.

19.

Travel agencies.

20.

Tutoring facilities.

b
General Conditions and Regulations for Permitted Uses

1.

General conditions and regulations of building and site use for all permitted uses except single-family dwellings and those accessory structures, buildings and uses normally incident to the uses of a building or premises for single-family occupancy, subject to the requirements of the R1 District:

(a)

Except for parking areas, which may be unenclosed, all uses shall be conducted wholly within an enclosed building.

(b)

All storage shall be within an enclosed building, and shall be limited to the accessory storage of supplies utilized in the business conducted upon the premises.

(c)

All portions of the building site, exclusive of structures, parking areas, driveways and walkways, shall be landscaped and maintained.

(d)

No certificate of use and occupancy shall be granted until these requirements are met.

c
Conditionally Permitted Uses

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

1.

Adult entertainment booking agencies (as defined in Section 3141 and subject to the provisions set forth in Chapter 9).

2.

Chiropractic offices, where massage services are provided as an accessory use by anyone other than a state-licensed chiropractor or other exempted professional as defined in Section 3665 of the Tustin City Code (subject to Article 3, Chapter 6, Part 4 of the Tustin City Code). (Ord. No. 1462, Sec. V, 11-3-15)

3.

Drive-thru facilities. (Ord. No. 1462, Sec. V, 11-3-15)

4.

Professional, instructional, motivational and/or seminar schools. (Ord. No. 1462, Sec. V, 11-3-15)

(Ord. No. 1429, Sec. II.12, 5-21-13)

Prior History—Ord. No. 324; Ord. No. 957, Sec. 2, 1-6-86; Ord. No. 1170, Sec. 2, 6-3-96; Ord. No. 1354, Sec. II, 11-4-08; Ord. No. 1367, Sec. II, 4-6-10.

a
Permitted Uses

In the Retail Commercial District (C1), only the following uses (or uses which, in the opinion of the Community Development Director and/or the Planning Commission, are similar) will be allowed subject to the development standards identified in Table 1 of Section 9230 and/or as specified in this Chapter.

1.

General retail businesses, exemplified by the following list, when conducted within a building:

(a)

Alcoholic beverage sales (off-site) located within a building and permitted business with at least 10,000 square feet of gross floor area and where the alcoholic beverage sales area within the building occupies no more than 10 percent of the gross floor area. (Ord. No. 1493, Sec. 2, 9-4-18)

(b)

Antiques and curios.

(c)

Appliance stores (including repairs).

(d)

Art galleries.

(e)

Bakeries.

(f)

Bicycle sales (including repairs).

(g)

Books and stationeries.

(h)

Ceramics (not including molding, casting or manufacturing by any process).

(i)

Clothing.

(j)

Confectioneries.

(k)

Department stores.

(l)

Drug stores (including sundries and notions).

(m)

Dry goods.

(n)

Florist shops.

(o)

Food markets.

(p)

Furniture sales (new or used/consignment).

(q)

Hardware stores.

(r)

Household goods and furnishings.

(s)

Jewelry stores (including repair and watch making).

(t)

Leather goods.

(u)

Musical supplies and instruments.

(v)

News stands.

(w)

Office supplies and equipment.

(x)

Paint and wallpaper supplies.

(y)

Religious supplies.

(z)

Secondhand sales without pawn.

(aa)

Shoe stores.

(bb)

Sporting goods (not including boat and motor sales).

(cc)

Variety stores/gift shops.

2.

Service businesses, exemplified by the following list, including any retail sales incidental thereto, when conducted within a building:

(a)

Banks, financial institutions and savings and loans (including those providing drive-thru service).

(b)

Barber shops.

(c)

Beauty parlors.

(d)

Body art facilities (as defined in Section 3141, and subject to the requirements of Part 4 of Chapter 1 of Article 4).

(e)

Dry-cleaning or laundry agencies (pick-up and delivery only).

(f)

Equipment rental business conducted within a building (light materials, i.e. party supplies, household appliances, small household tools, medical equipment, etc.).

(g)

Fortunetelling.

(h)

Instructional Studios.

(i)

Laundromats or other self-service laundering facilities.

(j)

Locksmiths.

(k)

Massage establishments.

(l)

Pet Grooming.

(m)

Reprographics.

(n)

Restaurants (not including drive-ins/drive-thru).

(o)

Reverse vending machines (as defined by and subject to the provisions set forth in Section 9271(bb)).

(p)

Seamstress or millinery shops.

(q)

Shoe or luggage repair shops.

(r)

Smog check stations with service bays in conjunction with approved service station.

(s)

Tailor shops.

(t)

Travel agencies.

(u)

Tutoring facilities.

(Ord. No. 1524, Sec. 32, 8-16-22)

3.

Office uses, including professional and general (as defined in Section 9297 and subject to the provisions set forth in Section 9271(ee)).

b
Conditionally Permitted Uses

The following uses (or any other uses which, in the opinion of the Community Development Director and/or the Planning Commission, are similar) may be conditionally permitted in the Retail Commercial District (C1) subject to the issuance of a Conditional Use Permit and subject to the development standards identified in Table 1 of Section 9230 and/or as specified in this Chapter.

1.

Adult entertainment booking agencies (as defined in Section 3141 and subject to the provisions set forth in Chapter 9).

2.

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

3.

Animal hospitals or clinics (small animals).

4.

Automotive supplies (installation of minor replacement parts and accessories within an enclosed building).

5.

Bakeries (wholesale).

6.

Bowling alleys.

7.

Bulk reverse vending machines subject to the provisions of Section 9271(bb).

8.

Car Wash.

9.

Clubs and social halls.

10.

Convenience stores.

11.

Day care centers (subject to Section 9271(aa)2).

12.

Donation centers ancillary to permitted and conditionally permitted commercial retail businesses.

13.

Drive-thru Facilities (Drive-in and Drive-thru).

14.

Fortune-telling businesses (as defined in Section 3141).

15.

Fraternal organizations and lodges.

16.

Gymnasiums and health clubs.

17.

Hotel and Motels.

18.

Large Recycling Locations occupying a permanent building or store front as defined by and subject to the provisions set forth in Section 9271(bb).

19.

Mortuaries.

20.

Office uses (new), development or construction of new building structures where more than fifty (50) percent of the total floor area or any portion of the ground floor area is designated for use by professional or general offices (as defined in Section 9297) subject to office use criteria as set forth in Section 9271(ee).

21.

Parking lots (commercial).

22.

Places of worship.

23.

Rest homes, extended care facilities, convalescent hospitals, and sanitariums.

24.

Public schools and uses, private schools.

25.

Service stations.

(a)

Maximum height: 35 feet.

(b)

Minimum building site: 10,000 square feet.

(c)

Minimum lot width at property line: 100 feet.

(d)

Maximum lot coverage by building or structures: 50 percent.

(e)

Minimum front yard setback: 15 feet unless otherwise indicated on Zoning Map.

(f)

Minimum side yard setback: 8 feet.

26.

Specialty stores.

27.

Theaters.

c
Development Standards

1.

None of the above listed uses or any other use determined to be permitted shall maintain any outside storage or work areas.

d
Use Criteria-Office Development

1.

Office developments within the Retail Commercial District (C1) shall be constructed to conform with the parking standards for retail commercial uses on the first floor area of the building unless otherwise specifically exempted pursuant to the approved conditional use permit.

2.

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

(a)

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

3.

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

(Ord. No. 1429, Sec. II.13, 5-21-13; Ord. No. 1524, Sec. 7, 8-16-22)

Prior History—Ord. No. 157, Sec. 4.7; Ord. No. 264, Sec. 1; Ord. No. 293, Sec. 1; Ord. No. 339, Sec. 2, 8-6-01; Ord. No. 407; Ord. No. 699, Sec. 1; Ord. No. 896, Secs. 2, 3, 4, 11-21-83; Ord. No. 920, Sec. 1, 11-19-84; Ord. No. 958, Sec. 1, 1-20-86; Ord. No. 981, Sec. 1, 5-4-87; Ord. No. 993, Sec. 2, 9-8-87; Ord. No. 1101, Sec. 1E, 11-16-92; Ord. No. 1161, Sec. 1A, 1-2-96; Ord. No. 1230, Sec. 2, 6-19-00; Ord. No. 1237, Sec. 2, 6-4-01; Ord. No. 1240, Sec. 2, 8-6-01; Ord. No. 1317, Sec. II, 9-18-06; Ord. No. 1101, Sec. 1A, 11-16-92; Ord. No. 1367, Sec. II, 4-6-10; Ord. No. 1380, Sec. V, 6-15-10; Ord. No. 1407, Sec. V, 11-15-11.

a
Permitted Uses

In the Central Commercial District (C2), only the following uses (or uses which, in the opinion of the Community Development Director and/or the Planning Commission, are similar) will be allowed subject to the development standards identified in Table 1 of Section 9230 and/or as specified in this Chapter.

1.

All uses listed as permitted in the C1 District, subject to the use and development criteria specified in Section 9232.

2.

Reserved.

3.

Retail uses exemplified by the following:

(a)

Clothing apparel receiving and distributing.

(b)

Electronics stores.

(c)

Furniture consignment sales.

(d)

Nurseries.

4.

Service uses, exemplified by the following list, including any retail sales incidental thereto:

(a)

Bowling alleys.

(b)

Coin operated machinery—Repairs, sales and services.

(c)

Dental/medical Lab.

(d)

Electronics research laboratories and prototype assembly.

(e)

Mortuaries.

b
Conditionally Permitted Uses

The following uses (or any other uses which, in the opinion of the Community Development Director and/or the Planning Commission, are similar) may be conditionally permitted in the Central Commercial District (C2) subject to the issuance of a Conditional Use Permit and subject to the development standards identified in Table 1 of Section 9230 and/or as specified in this Chapter.

1.

All conditionally permitted uses in the C1 District, subject to the development and use criteria specified thereto except uses listed as permitted in Section 9233a.

2.

Amusement resorts, arcades, and private recreational facilities which include video and vending machines or other such contrivances in excess of five which are identical to the principal business.

3.

Automotive repair shops.

4.

Automotive/vehicle sales lots (used/pre-owned).

5.

Billiard parlors and pool halls.

6.

Cleaning and dyeing establishments.

7.

Equipment rentals of heavy machinery (trailers, tractors, skip loaders).

8.

Garages (public).

9.

Karaoke music studio.

10.

Reserved.

11.

Outdoor markets and outdoor sales establishments.

12.

Party facilities including birthday party businesses.

13.

Pet shops.

14.

Secondhand sales with pawn/collections.

(Ord. No. 1429, Sec. II.14, 5-21-13; Ord. No. 1497, Sec. 4(Att. C), 7-3-18; Ord. No. 1524, Secs. 33—35, 8-16-22)

Prior History—Ord. No. 157, Sec. 4.8; Ord. No. 293, Secs. 2(b) and 3; Ord. No. 175, Sec. 5; Ord. No. 311; Ord. No. 314; Ord. No. 340; Ord. No.352, Sec. 4; Ord. No. 372, Secs. 3, 4; Ord. No. 699, Sec. 2; Ord. No. 888, Secs. 1(a), 5, 6, 8-1-83; Ord. No. 896, Sec. 8, 11-21-83; Ord. No. 920, Sec. 2, 11-19-84; Ord. No. 958, Sec. 2, 1-20-86; Ord. No. 981, Sec. 4, 5-4-87; Ord. No. 993, Secs. 6, 7, 9-8-87; Ord. No. 1101, Sec. 1F, 11-16-92; Ord. No. 1161, Sec. 1B, 1-2-96; Ord. No. 1170, Sec. 2, 6-3-96; Ord. No. 1230, Sec. 2, 6-19-00; Ord. No. 1237, Sec. 2, 6-4-01; Ord. No. 1241, Sec. 1, 7-2-01; Ord. No. 1242, Sec. 2, 8-13-01; Ord. No. 1251, Sec. 2, 5-20-02; Ord. No. 1317, Sec. II, 9-18-06; Ord. No. 1354, Sec. II, 11-4-08; Ord. No. 1367, Sec. II, 4-6-10.

a
Permitted Uses

In the Heavy Commercial District (C3) District, only the following uses (or uses which, in the opinion of the Community Development Director and/or the Planning Commission, are similar) will be allowed subject to the development standards identified in Table 1 of Section 9230 and/or as specified in this Chapter.

1.

All uses listed as permitted in the C2 Districts, subject to the use and development criteria specified thereto. (Ord. No. 1524, Sec. 36, 8-16-22)

2.

Electronic plants.

3.

Research plants.

4.

Secondhand sales.

5.

Wholesale stores and storage.

b
Conditionally Permitted Uses.

The following uses (or uses which, in the opinion of the Community Development Director and/or the Planning Commission, are similar) may be permitted in the Heavy Commercial District (C3) subject to the issuance of a Conditional Use Permit and subject to the development standards identified in Table 1 of Section 9230 and/or as specified in this Chapter.

1.

All uses listed as conditionally permitted in the C2 Districts subject to the use and development criteria specified thereto.

2.

Light manufacturing of clothing, novelties, and toys.

(Ord. No. 1429, Sec. II.15, 5-21-13)

Prior History—Ord. No. 157, Sec. 4.9; Ord. No. 311; Ord. No. 352, Sec. 5; Ord. No. 699, Sec. 3; Ord. No. 920, Sec. 3, 11-19-84; Ord. No. 981, Sec. 6, Ord. No. 1101, Sec. 1G, 11-16-92; Ord. No. 1161, Sec. 1C, 1-2-96; Ord. No. 1170, Sec. 2, 6-3-96; Ord. No. 1230, Sec. 2, 6-19-00; Ord. No. 1237, Sec. 2, 6-4-01; Ord. No. 1240, Sec. 2, 8-6-01; Ord. No. 1354, Sec. II, 11-4-08 Ord. No. 1367, Sec. II, 4-6-10.

a
Purpose

To provide for and encourage the orderly development of commercial areas throughout the City in accordance with the Land Use Element of the General Plan, which will serve the demand for a wide variety of goods and services.

b
Permitted Uses

In the Commercial General District (CG), the following uses (or uses which, in the opinion of the Community Development Director and/or the Planning Commission, are similar) will be allowed subject to the development standards identified in Table 1 of Section 9230 and/or as specified in this Chapter.

1.

All uses listed as permitted in the C2 Districts subject to the use and development criteria specified thereto. (Ord. No. 1524, Sec. 37, 8-16-22)

c
Conditionally Permitted Uses

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

1.

All uses listed as conditionally permitted in the C1 and C2 Districts subject to the use and development criteria specified thereto. (Ord. No. 1524, Sec. 38, 8-16-22)

2.

Any use permitted under Section 9235b in excess of five (5) acres in total parcel space.

3.

Building supply.

4.

Business school.

5.

Manufacturing, fabrication, distribution facilities occupying less than 50 percent of floor area and less than 50 percent of operations.

d
Restricted Uses

1.

No warehousing or storage other than accessory storage of commodities sold at retail on the premises shall be permitted except as otherwise provided by this Section.

2.

No manufacturing, processing or treatment of products other than that which is clearly indicated to the retail business conducted on the premises shall be permitted.

3.

Not more than five (5) persons shall be engaged on the premises in the incidental manufacturing, processing or treatment of products as permitted herein.

4.

None of the above listed uses or any other use determined to be permitted shall maintain any outside storage or work areas.

5.

No residential use shall be permitted in any structure used for commercial purposes, except for caretaker facilities incidental to the permitted use.

e
Development Standards

1.

Maximum structural height.

The maximum height of any building or structure shall not exceed three stories nor thirty-five (35) feet; provided, however, that penthouse or roof structures for the housing of elevators, stairways, tanks, ventilating fans or similar equipment required to operate and maintain the buildings, and fire or parapet walls, skylights, towers, roof signs, flagpoles, chimneys, smokestacks, wireless masts or similar structures may exceed such height limit; provided no space above such height limit shall be allowed for the purpose of providing additional floor space.

2.

Structural setbacks.

(a)

Front yard:

A minimum of ten (10) feet front structural setback shall be required from the ultimate street right-of-way line.

(b)

Side yard:

A minimum of ten (10) feet side yard structural setback shall be required from the ultimate street right-of-way line or adjoining residential lot. Otherwise, no side yard setback shall be required.

(c)

Rear yard:

Where any commercially zoned property rears upon the rear or side yard of property classified for single-family residential purposes, there shall be a rear yard of not less than fifteen (15) feet. Where the commercial property rears upon an alley or private drive easement, there shall be a rear yard setback of not less than five (5) feet. Otherwise, no rear yard need be provided.

3.

Lot coverage.

Commercial sites may have 100 percent lot coverage less that required for landscaping and parking requirements.

4.

Lot size (building site).

A building site shall occupy not less than a 3,000-square foot parcel.

5.

Refuse storage requirements.

Refuse storage areas shall conform to the standards and criteria contained in the Guidelines for Planning, Zoning and Development, as adopted by the City Council.

6.

Street dedication.

Highway dedication and improvements shall be as required by Section 9271x.

7.

Suffix (supplemental provisions).

Properties designated "CG-PUD" on the Zoning Map shall require the submission and approval of design plans for a Conditional Use Permit pursuant to the requirements for Planned Unit Developments.

f
Limitations and Exceptions

1.

Use of properties zoned other than "CG," for general commercial purposes:

Where property classified for "CG" uses has a depth of two hundred (200) feet or less, as measured at right angles from the street frontage indicated as business frontage, additional adjoining property may be used for commercial purposes when such adjoining property fronts upon the side street, and the side of such adjoining property abuts upon the property classified for "CG" purposes. The additional property so used shall be a part of and an extension of the particular use occupying the corner property. The use of subject property shall require approval of a conditional use permit.

2.

Exception to height limitations:

Height limitations of this Section may be exceeded for those structures removed more than two hundred (200) feet from any single-family residential zone, subject to approval of a conditional use permit.

3.

Exception to setback requirements:

Exceptions to the general setback requirements of this section shall be made only in conformance with the development criteria of specific plans as approved by the City Council.

g
Use Criteria—Office Development

1.

Office developments within the Commercial General District (CG) shall conform to retail commercial use parking standards for the first floor area unless otherwise specifically exempted pursuant to the approved conditional use permit.

2.

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

(a)

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

3.

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

(Ord. No. 1429, Sec. II.16, 5-21-13)

Prior History—Ord. No. 654; Ord. No. 699, Sec. 4; Ord. No. 888, Sec. 2, 8-1-83; Ord. No. 896, Secs. 12, 13, 11-21-83; Ord. No. 920, Sec. 4, 11-19-84; Ord. No. 963, Sec. 2C, 1-20-86; Ord. No. 981, Sec. 8, 5-4-87; Ord. No. 1101, Sec. II, 11-16-92; Ord. No. 1161, Sec. 1D, 1-2-96; Ord. No. 1170, Sec. 2, 6-3-96; Ord. No. 1206, Sec. 2, 9-21-98; Ord. No. 1230, Sec. 2, 6-19-00; Ord. No. 1237, Sec. 2, 6-4-01; Ord. No. 1240, Sec. 2, 8-6-01; Ord. No. 1354, Sec. II, 11-4-08; Ord. No. 1367, Sec. II, 4-6-10.