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, 12-4-06)

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.

2.

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 roof-mounted 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 roof-mounted 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 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)

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)

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)

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)

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 non-fixed 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-of-way 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

2.

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)

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 single-family 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, two-family 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.

2.

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.

4.

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 single-family 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.

2.

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)

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.

6.

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 single-family 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 single-family 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 turn-around 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 non-recyclable 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:

1.

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.

5.

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.

6.

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)