ORD-04-86 PROVIDING A LIMITED BUSINESS DISTRICT INTENDED TO BE APPLIED TO THE TUSTIN STREET REDEVELOPMENT PROJECT AREAORDINANCE NO. 4-
86 AN ORDINANCE OF THE CITY COUNCIL OF
THE CITY OF ORANGE ADDING CHAPTER 17.43
TO THE ORANGE MUNICIPAL CODE CREATING
THE C-TR DISTRICT PROVIDING A
LIMITED BUSI-NESS DISTRICT INTENDED TO BE
APPLIED TO THE TUSTIN STREET
REDEVELOPMENT
PROJECT AREA.WHEREAS, after considerable staff review
and recommenda-tion, the City Council has concluded that the
most efficient manner of establishing land use standards and
guidelines for the area known as the Tustin Street
Redevelopment Project Area would be to create a new zoning district to be
added as Chapter 17.43 of the Orange Municipal
Code; and WHEREAS, the City Council intends that
public hearings will hereafter be conducted in order to make
the provisions of this new zoning district known as C-
TR District appli-cable to the Tustin Street Redevelopment
Project Area; and WHEREAS, this ordinance would become
effective as to said Redevelopment Area only after
properly conducted public hearings in the Planning Commission and
City
Council forums;and WHEREAS, the new district described
herein would leave intact and uneffected all other zoning
and code requirements regulating land use in all other areas in the
City
of Orange;and WHEREAS, this procedure would
most effectively and efficiently govern the establishment of land
use and design guideline standards for that area known as
the Tustin Street
Redevelopment Project Area.NOW, THEREFORE, THE CITY COUNCIL OF THE
CITY OF ORANGE DOES HEREBY
ORDAIN AS
FOLLOWS:Section I:That Chapter 17.43 attached hereto, made
a part hereof and marked Exhibit "A" is hereby added to
the Orange Municipal Code to describe the C-TR
Limited Business District
ll-___._Section
II:A
summary of this Ordinance shall be published and a certified
copy of the full text of this Ordinance shall be posted
in the Office of the City Clerk at least five (5)days
prior to the City Council meeting at which this Ordinance is
to be adopted. A summary of this Ordinance shall also be published
once within fifteen (15) days after this Ordinance's passage
in the Orange City News, a newspaper of general circulation,
published and circulated in the City of Orange.The
City Clerk shall post in the Office of the City Clerk a certified
copy of the full text of such adopted Ordinance along
with the names of those City Council members voting for
and against the Ordinance in accordance with Government Code
Section 36933. This Ordinance shall take effect thirty 30)
days from and after the date of its final passage.ADOPTED
this 25th day of Februar 1986.ATTEST:
C~~
l~~f Z ~~::~nge STATE
OF CALIFORNIA )COUNTY
OF ORANGE ) ss CITY
OF ORANGE )I,
MARILYN J. JENSEN, City Clerk of the City of Orange,California,
do hereby certify that the foregoing ordinance was introduced
at the regular meeting of the City Council held on the
18th day of Februarv , 1986, and thereafter at
a regular meeting of said City Council duly held on the 25th
day of February , 1986 was duly passed and adopted
by the following vote, to wit:AYES:
COUNCILMEN: BARRERA, PEREZ, BEYER NOES:
COUNCILMEN: NONE ABSENT:
COUNCILMEN: SMITH, MAYOR BEAM ABSTAIN:
COUNCILMEN: NONE j~~
a~ci
ty Clerk of t)fe C' Y of Orange Qrd.
No. 4-86 2 -L-
ORA N G E M U N I C I PAL COD E
CHAPTER 17.43
C-TR LIMITED BUSINESS
DISTRICT TUSTIN REDEVELOPMENT PROJECT
AREA JANUARY
17.43.010-17.43.
450 ORANGE MUNICIPAL
CODBCha>>tee 17.
43 C-TR LIMITED
BUSINESS DISTRICT TUSTIN REDEVELOPMENT
PROJECT
AREA Sections:17.
43.010 17.
43.020 17.
43.030 17.
43.040 17.
43.050 17.
43.060 17.
43.070 17.
43.080 17.
43.090 17.
43.100 17.
43.110 17.
43.120 17.
43.130 17.
43.140 17.
43.150 17.
43.160 17.
43.170 17.
43.180 17.
43.190 17.
43.200 17.
43.210 17.
43.220 17.
43.230 17.
43.240 17.
43.250 17.
43.260 17.
43.270 17.
43.280 17.
43.290 17.
43.300 17.
43.310 17.
43.320 17.
43.330 17.
43.340 17.
43.350 17.
43.360 17.
43.370 17.
43.380 17.
43.390 17.
43.400 17.
43.410 17.
43.420 17.
43.430 17.
43.440 17.
43.450 Purpose
and Intent
Uses Permitted Uses Requiring a Conditional
Use Permit
Building Height Front
Yard Requirement Side
Yard Requirement Reae
Yard Requirement ences
and \Valls
Landscaping Requirements Outdoor
Use Regulations
General Standards
Supplemental Standards Alcoholic
Beverage Control Design
Review Board Automobile
Service Stations Required
Off-street
Parking Parking Spaces
Required Parking Spaces Dimension
of Parking Area Maintenance and Operation
of Parking Areas Parking Requirements
for Mixed Occupancies Parking Requirements
for Joint Use Parking Requirements
for Common Facilities
Purpose of Signs
Definitions of Signs Permits
Required for
Signs Sign Exemptions
Sign General provisions Limitations on
Placement of Signs General
or Billboard Signs Temporary Sign
Attachments to Vehicles Obscene or Immoral
Signs Prohibi ted Items of Merchandise Not to be
Used As Signs Wattage of
Bulbs on Signs Street
Addresses on Signs
Special Sign provisions Freestanding (
Ground/Monument)
3igns
1111 Signs
Encroachment Roof Signs Automobile
Service Station Signs
Mobile Home Signs
Compliance with Chapter
Revocation
SECTION
17.43.010
17.43.020
17.43.030
17.43.040
17.43.050
17.43.060
17.43.070
17.43.080
17.43.090
17 .43.100
17.43.110
17.43.120
17.43.130
17.43.140
17.43.150
17.43.160
17.43.170
17.43.180
17.43.190
17.43.200
17.43.210
17.43.220
17.43.230
17.43.240
17.43.250
17.43.260
17.43.270
17.43.280
17.43.290
17.43.300
17.43.310
17.43.320
17.43.330
17.43.340
17.43.350
17.43.360
17.43.370
17.43.380
17.43.390
17.43.400
17.43.410
17.43.420
17.43.430
17.43.440
17.43.450
CHAPTER 17.43 INDEX
Purpose and Intent . . . . .
Uses Permitted . . . . . . .
Uses Requiring a Conditional Use Periliit
Building Height .. .
Front Yard Requirement
Side Yard Requirement
Rear Yard Requirement
Fences and Walls . . .
Landscaping Requirements
Outdoor Use Regulations
General Standards . . .
Supplemental Standards .
Alcoholic Beverage Control
Design Review Board . . .
Automobile Service Stations
Required Off-street
Parking Parking
Spaces . . . . . . .Requiced Parking
Spaces Dimension of Parking
Area Maintenance & Operations of
Parking
Areas . .. .. . .. .. ...Parking Requirements for
Mixed
Occupancies . . .. ...Parking Requirements for Joint
Use Parking Requirements for
Common
Facilities . . . .Purpose of
Signs . .Definitions of
Signs Permits Required for
Signs Sign
Exemptions Sign General
provisions Limitations on Placement of
Signs General or Billboard
Signs . . . .Temporary Sign Attachments to
Vehicles Obscene or Immoral Signs
Prohibited Items of Merchandise Not to be
Used As
Signs . . . . . .Wattage of Bulbs on
Signs Street Addresses on
Signs Special Sign
provisions Freestanding (Ground/Monument)
Signs Wall
Signs .
Encroachment . . . . . . .Roof
Signs . .. . . . . .. .Automobile Service Station
Signs Mobile Home
Signs . . .Compliance with
Chapter Revocation of
Permit .
Violation--
Infraction
i-
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17.43.010 Purpose and Intent. The purpose of the C-
TR District is to provide an area for limited commercial uses
which will serve the demand for a wide variety of goods and
services in the Tustin Redevelopment
Project.17.43.020 Uses Permitted. The following uses shall
be permitted in the C-
TR District:A. Professional offices, community centers,
social halls,lodges
and clubs.B. Retail stores and personal service
establishments within a building, including animal hospitals, antique
shops, appliance stores, bakeries (not wholesale), banks, barber
shops, department stores, drug stores, food stores, hardware stores,
hotels, and motels (with up to 10% kitchen units), mortuaries,
shoe shops,studios, and
tailor shops.C. Liquor stores, in accordance with Section 17.
43.130.D. Automobile service stations in accordance
with Section 17.
43.150.E. Restaurants not covered by Section 17.42.040
of the Orange
Municipal Code.F. Signs in accordance with Section 17.
43.240.G. Establishments with three or less amusement
devices upon the premises with no external advertising of
amusement devices,and all amusement devices located within a
completely enclosed building with no devices permitted in any accessory
structure. In addition, all amusement devices must be located so as to
be visable at all times by one or more employees of
the business.17.43.030 Uses Requiring a Conditional Use
Permit. The following uses shall be permitted, subject to approval
of a conditional
use permit:A. Restaurants, when one of the following
is present:1. Alcoholic beverages served in accordance
with Chapter 17.80 of the Orange
Municipal Code;2. Drive-
thru window; or 3.
Take out window.B. Sale of services related to
retail merchandising of auto tires,
batteries and accessories.C. Car washes, including
automatic and self-service.D. Drive-in dairies,
provided no processing, bottling, or home distribution activities
are conducted on the premises.E. Small
buildings. Any detached commercial building with a gross floor area of less than
200 square feet unless such building is either an accessory building to
a permitted use or is within a commercial mall not accessible
to any
traffic other than pedestrian traffic.F. Automobile dealers'
sales and service facilities
subject to the following standards:1. Indoor sales
facilities building (show room) shall contain a minimum of 2,000
square feet of floor area.2. Repair and
service facilities building shall contain a minimum of 1,600
square
3. There shall be a IS-foot landscaped setback
adjoining any arterial street or street used for residential
purposes which landscaping shall be perpetually maintained, and
which landscaped area shall be provided with a permanent
underground sprinkling system or other acceptable means of
irrigation.4. All auto repair and service work shall be
conducted within an enclosed
building.5. Public address systems shall not be audible from
any exterior boundaries of the developed
site.6. All exterior lighting shall be designed to
prevent direct glare on adjoining properties; and all lighting
details shall be submitted for
approval.G. Ambulance
service.H. Public service office or
use.I. Dance area. When a dance area is an accessory use
and anyone of the following circumstances
apply:1. Over 300 square feet of space is used as a dance
area,2. Over 15 percent of the public area of the building
or lot is used as a dance
area,3. The dance area is within 500 feet of a
residential
use.J. Motels or hotels with 11-25 percent
kitchen units.K. Any other commercial use which in the opinion
of the Planning Commission is similar in character, and
not more detrimental than any use enumerated in
this section.L. Amusement Devices. Establishments where
customer use or operation of coin-operated pinball
machines or similar amusement devices are proposed under anyone
of
the following circumstances:1. The use and operation of
such machines represents only an accessory business at the premises at
which the machines are located. In order to represent an
accessory business, gross revenue from such machines shall not exceed 25
percent of such revenues from the business at the premises. and a
minimum of 75 percent of gross revenues must be generated by
the primary use.2. Regardless of the type of
business or businesses conducted at the premises, fifteen (15) or more
such machines or
devices are located.3. In any business premises where four (4Y
or more such machines or devices exist adjacent to or in
close proximity to each other and the building floor area occupied
by these machines or devices exceeds 5 percent of the total
floor area accessible to
the general public.4. All amusement devices remain
within a completely enclosed building, except that no devices are
permitted in any accessory structures. In addition, all
amusement devices be located so as to be visible at all times by one
or more employees
of the business.Because of the police problems relating to
said use, a conditional use permit shall not be issued
unless a determination can be reasonably made that use is compatible \/ith
land use in the surrounding area. A conditional use permit
granted for such use lliay be subject to any or all of
the
a. regulation of hours of operation
b. adequate area lighting
c. provisions for private security guard
d. review by City of conditional use permit periodically
to assure that no increase in police services is required
e. assurance of adequate visibility of all amusement devices
f. such other conditions as the Planning Commission shall
deem necessary to protect the public health, safety and welfare.
17.43.040 Building Height. The height of any building or
structure shall not exceed 30 feet or two stories within 120
feet of any residentially zoned property. A building or st~ucture
may exceed 30 feet in height, provided no part of such building
or structure exceeds one-quarter of the distance measured
from the ground point of the building or structure to the
nearest residential district boundary line. Additional building
or structural height may be permitted subject to the issuance of
a conditional use
permit.17.43.050 Front Yard Requirements. There shall be a
front yard of not less than 10
feet.17.43.
060 required
except shall be a
side Side Yard Requirements. No side yard shall
be on corner and reverse corner lots where
there yard of not less than 10
feet.17.43.070 Rear Yard Requirements. No rear yard shall
be required unless a structure permitted by this chapter abuts
a single family residential use, and exceeds either one story
or 20 feet in height in which case there shall be a rear yard
of at least 10
feet.17.43.080 Fences and
Walls.A. Fences and walls shall be provided for as
follows:1. Division walls shall be required alongpropertylinesseparatingcommercialzonesandresidential
zones.2. Division walls shall be 6 feet in height, except in required front yard and exterior side yard areas wheretheyshallbe42inchesin
height.3. The height limit of any fence or wall shall be 6
feet as measured from the high grade side, except in required
front or side yard areas where the height limit shall be 42
inches.17.43.090 Landscaping
Requirements.A. All required yards shall be landscaped, provided
with permanent underground, automatic water facilities and
be permanently
maintained.B. No objects other than fountains, sculpture, planters,walkways, ponds, light standards, flag poles and
decorative screen type walls are permitted within a required yard.
The maximum height limit of such permitted objects in arequiredfrontyardshallbe42
inches.
C. All landscaping plans are subject to review by the
Design Review Board.
D. All premises shall be permanently maintained in
compliance with Chapter 8.04 of the Orange Municipal Code.
17.43.100 Outdoor Use Regulations. All uses sh~ll be
conducted wholly within a completely enclosed building except for
service stations, off-street parking and loading
facilities,Christmas tree and pumpkin sales, swin~ing pools, outdoor
eating facilities in connection with eating places, commercial
nurseries,utomobile sales agencies, lumber yards, and displays
permitted by Section 17.43.270. Sales and storage yards of
commercial nurseries which are not within enclosed buildings shall be
surrounded by a minimum 6 foot high view-obscuring wall, fence,
or landscaping and shall be accessible only from within the
building housing the principle use; emergency exits may be provided
through the wall. Material stored behind such screening shall not
be visible above
said wall.17.43.110 General Standards. All mechanical
or air conditioning apparatus shall be screened from view
and baffled
for sound.17.43.120
Supplemental Standards.A. Alcoholic Beverage Controls (Section 17.
43.130).B. All development, extensions or expansions
of structures or premises are subject to review by the Design
Review Board Section 17.
43.140).C. Automobile Service Stations (Section 17.
43.150).D. Parking (Section 17.
43.160).E. Signs (Section 17.
43.240).F. Trash Enclosures (Section 17.74.110 of
Orange
Municipal Code) .G. Underground Utilities (Section 12.44.010
of Orange
Municipal Code).17.43.130 Alcoholic
Beverage Control.Permitted District. Any original
off-sale alcohol as defined by the Department
of Alcoholic Beverage shall be
permitted as follows:1. As a permitted use in
the C-TR District.2. Any original on-
sale restaurant license as defined by the Department of Alcoholic
Beverage Control shall be per-mitted, subject to the issuance
of a conditional use permit
approved by the
Zoning Administrator.B. Use Controls.1. Gasoline sales. The
sale or delivery of any alcoholic beverage on the same
premise where motor fuel is offered
for sale is not permitted.2. The sale or delivery
of any alcoholic beverage on the same premises where any drive-
in dairy or any other drive-
in
operation
is
conducted
C. Upgrading Licenses. Any upgrading of existing licenses
to a more restrictive license shall be regulated as follows:
1. A change from an On-Sale Beer permit in a
restaurant to an On-Sale Beer and Wine permit in a restaurant
shall not require the issuance of a conditional
use permit.2. A change from either an On-Sale Beer
permit in a restaurant or an On-Sale Beer and Wine
permit in a restaurant to an On-Sale General permit in
a restaurant shall require the issuance of
a new conditional use permit.3. A license associated
with a non-conforming use may be transferred to a new owner
but it may not be upgraded.
17.43.140 Design
Review Board.A. Adoption of Procedures.
and site plan approval as stated 17.
96.020 and
the method, system same are adopted.B. Evaluation
of Submitted Material. Prior to issuance of a building permit for
any work in the Tustin Redevelopment Project Area, the Design
Review Board shall examine the material submitted with
the application by considering the following aspects for conformance
with the purpose of this
section:1. General site
utilization considerations;2. General
architectural considerations;3. General landscape considerations;4. Graphics, signs
and other aspects of the Tustin
Standards as
approved by the Orange
Redevelopment Agency.The purpose of architectural
in Sections 17.96.
010 and and procedures for obtaining Conformance shall
be evaluated by the Standards adopted by resolution by
the Orange Redevelopment Agency. For the guidance of applicants, a
copy of the resolution of these Standards will be on file
with the Department of Planning and Development
Services, and the Orange Redevelopment Agency.Such standards
shall contain sufficient and suitable information so as to provide to any applicant
a guideline as to what matters the Design Review
Board will consider in its review.C. Administration.
The Design Review Board's recommendations shall be final unless
appealed in accordance with the procedures of Section 17.94.
100 of the Orange Municipal Code.
17.43.150 Automobile Service Stations.A. Location in
Districts. Service stations are a permitted use in the C-TR
District, with all cases
subject to other requirements of this section.1.
Proximity to Arterial and Local Streets. Service stations may be
permitted at the intersection of an arterial street and
a
2. Proximity to Residential Districts. No part of
the site occupied by such service station shall be closer
than 200 feet, measured horizontally in a straight line in anydirection, from any property classified for and located in anyU" zone, and provided further, that an automobile service
station may locate closer than said 200 feet from such "n"
classified property if such closer location is authorized by
a conditional use permit.
B. Remodeling or Reopening Idle Service Stations. All
applicants to remodel or reopen idle service stations as defined
in Section 17.04.100 of the Orange Municipal Code shall be
subject to the approval of the Zoning Administrator. The ZoningAdministratorshallrequireeachapplicanttosubmitaspecific
plan of the development and same shall be approved only if all
development standards of the C-TR District, including
off-street parking and landscaping requirements, are adhered
to. All development shall be in accordance with approvedplans, including Tustin Street
Design Standards.C. Conversion to Another Use. All applications
to convert any substantial portion of an active or idle service
station to another use shall be subject to a conditional use
permit as approved by the Zoning Administrator. Before
approving such applications, the Zoning Administrator may require
the removal of pump islands, canopies, service bays, signs and
other indicia of service station identification. The
Zoning Administrator shall also require each applicant to submit a specific
plan of the development and it shall be approved only ifalldevelopmentstandardsoftheC-TR District, including off-street parking,landscaping, and other requirements
are adhered to. All development shall be in accordancewithapprovedplans, including
Tustin Street Design Standards.D. Use Controls - Major Repairs
Prohibited. Major automotive repairs, painting, body and fender work. rental
and storage of trailers containing more than a single axle
or tandem wheel,trucks and other heavy equipment are
prohibited in connection with automobile
service station uses.E. Storage of Merchandise. All
merchandise shall be stored and displayed within the service
station building with the exception of tires, batteries, accessories and lubricating items, provided such items are displayed
and maintained in moveable and closeable cabinets orracksespeciallydesignedforthed~splay of such items. A maximum of
two moveable racks for the display of new tires only shall be
permitted, provid~d the aame are .situated not more than 10 feet
from
the service building.F. Rental Vehicles and Trailers.
Rental Vehicles and trailers shall be permitted only as an
incidental and accessory use to service station operations. No more
than three (3)rental motor vehicles and eight (8) rental
trailers shall be kept on the premises at anyone time. Areasusedfordisplayofrentalunitsshallnotbelocatedbetweenanystreetright-Of-way line and the existing setback line
as established by the set-back" of the ~
ain
G. S~le of Alcoholic Beverages. The sale of alcoholic
beverages is not permitted.
H. Other Applicable Regulations
1. Definition of an Idle Service Station 17.04.100 of
Orange Municipal Code.
2. Use Controls 17.80.020 of the Orange Municipal Code.
3. Zoning Administration, Chapter 17.94 of OrangeMunicipalCode.
17.43.160 Required Off-street Parking. Everybuildinghereinaftererected, reconstructed, or structurally altered
in the CI-TR District shall be provided with parking
space as provided in this section, and such parking space shall
be made permanently available and be permanently marked
and maintained for parking purposes. The storage of materials or
any other objects on required off-street parking
areas is prohibited.17.43.170 Parking Spaces--
Restricting Use Unlawful. All parking spaces as provided for by this
section shall be made permanently available for automobileparkingfornotonlyemployeesworkingatthepremisesforwhichparkingisrequired,but customers and guests having lawful reason
to be at the premises for which such parking is
required. In the absence of prior approval from the Planning
Department, it is unlawful for any owner, lessee, tenant or any
person having control of the operation of any premises for whichparkingisrequiredbythissectiontoprevent, prohibitorrestrictauthorizedpersonsfromusingparkingprovidedforsuchpersonsunderthe
provisions of this section.17.43.
180 Required Parking Spaces.A. The number of off-
street parking spaces required in this section shall be as set forth
and shall be determined to be minimum standards. In the
adoption of site plans, more off-street parking spaces thansetforth
in this section may be required.B. Thefollowingusesshallprovide
off-street parking required in this section:
1. Automobile Repair and Service: ~hree parking spaces for every service
bay, not including the service bay itself.2. Banks: Oneparkingspaceforeach
150 square feet of gross floor area.3.
Boarding Houses, Lodging Houses or Rooming Houses:one enclosed garage, plus one space per guest or guestrooni.4. BowlingAlleys: Three spaces per alley; spaces for incidental uses shallbeprovidedinaccordancewith
Htand~rds specified for the particular use.
5. Churches, Chapels, Religious Meeting Balls: One parking space for fourfixedseatsinthesanctuary, plus one for. each three fixed
seats in other assembly areas used simul-taneously for assembly
purposes (each 22 lineal inches of bench oc pew shall be considered
one
fixed seats in a sanctuary or an assembly area, then one spaceshallbeprovidedforeach35squarefeetoffloorspace.
6. Furniture and Large Appliance Stores (over 5,000
square feet): One parking space for each 500 square feet of
gross floor area.
7. General Business and Professional Offices: For
the first three stories, four parking spaces or one space for
each 250 square feet of gross floor area, whichever is greater;
for buildings containing four stories or more, one space for
each 400 square feet of gross floor area for the fourth floor
and above.
8. General Retail, except as otherwise specified
herein: Five spaces for each 1,000 square feet of gross floor
area.
9. General Wholesale Food Supplies, Warehousing,
Furniture Stores Wholesale, Machinery Sales, and New Auto or
Truck Sales: One parking space for every 800 square feet of
gross floor area.
10. Hotels and Motels: One parking space for each
rental unit plus two spaces for the resident manager.
11. Laboratories (bio-chemical, X-ray,
dental): One parking space for each 300 square feet of gross
floor area.12. Lodges, Clubs and Dancehalls, where there
are no sleeping facilities: One parking space for each50squarefeetofgrossfloorareausedfor
assembly purposes.13. Medical-Dental Offices and
Clinics: One parking space for each 200 square feet of
gross floor area.14. Open Retail Uses, Nurseries, used
Car Lots: One parking space for every 1,000 square feet
of lot area.15. Restaurants, Drive-thruorWalk-up, Cafes, Night Clubs, Bars, and other
places dispersing food or refreshments:a. If less than 4,
000 square feet: ten spaces or one space per 100 square feet
of gross floor
area, which-ever is greater.b. If more than 4,
000 square feet: 40 spaces plus one space for each 70 square feet
of gross floor area in excess
of 4,000 square feet.Savings and Loan:
One parking space for each 200 square
feet of gross floor area.Theaters and
Auditoriums: One parking space per each five (5) fixed seats or for
every 35 square feet of assembly floor area where there are
no fixed seats (22 lineal inches of bench shall
be considered one fixed seat).Public Service Office
or Use: One parking space for each employee, or any
lesser number which represents an adequate number as
determined by the Planning Commission.ParkingRequirementsforUsesNotSpecified.Where the parking requirements for
a use are not specifically set forth herein, the parking
requirements for such use shall be determined by theDirectorofPlanningandDevelopmentServicesorhisdesignee,
and such determination shall be based upon the requirements
for the
most
17.43.190 Diaoension of Parking Area.
A. Open parking st~lls shall be not
and 20 feet long; except that parking for
not less than 8 feet in width and 16 feet
the following condition~ are l~et:
1. The com~act car parking stalls are clearly marked
for compact car parking with letters 6 inches high on the surface
of the parking facility and hairpin striped.
2. The compact CilC parking stalls shall be located within
reasonable proximity to the facility in order to encourage use
of the compact car parking stalls.
3. Notice shall be posted to direct compact cars to the
compoct cae parking stalls in the parking area.
4. Commercial, office and industrial parking lots Iday
provide up to 40 percent of its parking use by compact cars.
More than 40 percent may be provided in compact spaces subject
to the issuance of a Conditional Use Permit. A Parking Management
Plan may be required in conjunction with the proposal of compact
parking spaces when deemed necessary by the City Traffic Engineer.
5. Utilization of compact car parking stalls to satisfy
off-street parking requirements shall be subject to the
review and approv;d of the Director of Planning and Development Secv!.
ces.B. Garage parking stalls shall be not less than 10
feet wide and 20 feet
long.C. Aisles to and from parking stalls shall be ~ot l~
sB
than:1. 13 feet wide for thirty-degree parking
with one-
way circulation only.
2. 15
feet one-way
circulation 3.
19 feet circulation only.4. 25 feet wide
for ninety-degree parking; however,21 feet shall be permitted
if
compact spaces are served exclusively.5. Two-way aisles shall
be a loirliroucl of 24 feat.6~ The
Planning Commission may
permit variations In parking design criteria.D. Circulation within
a parking area must be that:1. A car entering
the parking area need not
enter ~street to reach another aisle.2. A car may
not ellter a street backwards excepting within
residential
developments not exceeding three dwelling units..3. All parking
spaces and
garages shall be accessible and usable.4. For all public
and private parking areas, the desigll of all entraaces and exits
shall be subject to the approval of the Directoc of Plailning
and
Develop!aent Services or hlS designee.E. For all
uses, required off-stceet parking shall be provided on the same lot or paccel
of land as the use the parking spaces ace interlded to serve,
or on d contiguous site or within 300 feet of the subject
site. Where parking is
provided oa other
less than 9 feet
compact
caCD
fllay
in length
if
all wide
be of Ilide
for only.lide for
forty-
than the sites of the use served, a document recorded in the
Office of the County Recorder, approved by the City Attorney
as to form and content, signed by the owners of the alternate
site, and stipulating to the reservation of use of the site
for the parking, shall be filed with the Department of Planning
and Development Services prior to the issuance of building permits.
G. The plan of the proposed parking area shall be submitted
to the Building Division at the time of the application for the
building permit for the building to which the parking area is
accessory. The plan shall clearly indicate the proposed develop-
ment including location, size, shape, design, curb cuts, curbs,
lighting, landscaping signs and other features of the proposed
parking lot.
17.43.200 Maintenance and Operation of Parking Areas.
Every lot used as a public or private parking area shall be
developed and maintained in the following manner:
A. Surfacing. Off-street parking areas and driveways
shall be paved with asphaltic or Portland Cement concrete surfacing
or such other materials as approved by the City Engineer in
accordance with standards on file in the office of City Engineer, and
shall be so graded and drained as to dispose of all surface
water.Surfacing and drainage shall be subject to approval by
the City
Engineer.B. Border barricades and
fencing.1. All permanent parking spaces shall be provided
with adequate wheel stops not less than 6 inches in height,
located two and one-half feet from standard spaces and one
and one-half feet for compact car spaces from the front of the
space or such other stops as approved by the Director of
Planning
and Development Services.2. Every parking area or vehicle sales
area which abuts property located in one of the R zones shall
be separated from such property by a view-obscuring masonry wall
6 feet in height measured from the grade of the finished
surface of such parking area closest to the contiguous R zones property
or from the high grade side of the parking lot; pcovided,
that along the required front yard the fence or wall shall not exceed
42 inches in height.No such wall need be provided where theelevationofthatpoctionoftheparkingareaorvehicle
sales acea immediately adjacent to an R zone is 6 feet or moce below the
elevation of such R zoned pcoperty along
the common property line.C. Lights used to illuminate the
parking area shall be reflected away from any adjoining premises
located
in any R zone.D. All required parking spaces
shall be cleacly outlined on the surface of the lot with paint
or other easily
distinguish-able mater~al.E. All parking areas shall be
accessible to vehicles via drives and aisles of
the size specified herein.A minimum of 10 percent of
the parking lot area,excluding wheel stop overhang, shall be
landscaped;
thereof include special design features which effectively
screen the parking lot areas from view. The design features
may include the use of landscaped berms, decorative walls,
planting screens, raised planters, or other screening devices
which meet with the intent and purpose of this requirement.Landscape areas provided shall also provide for the
perpetual maintenance thereof. Tree requirements must include a
minimum of one tree per 5 cars, with 25 percent being a minimum box
size of 24". The remainder shall have a minimum size of 15 gallons.
17.43.210 Parking Requirements for Mixed Occupancies. In
case of mixed uses in a building or on a lot, the total require-ment for off-street parking facilities shall be the sum of
the requirements for the various uses computed separately.
Off-street parking facilities for one use shall not be consideredasprovid-ing required parking facilities for any other use
except as hereinafter specified for
joinc use.17.43.220 Parking Requirements for Joint Use. The Planning Commission may, upon application by the owner or lesseeofanyproperty, authorize the joint use of parking facilities
by the following uses or activities under theconditions
specified herein:A. Up to 50 percent of the required parking
facilities for a use considered to be primarily a daytime use maybeprovidedbytheparkingfacilitiesofauseconsideredtobeprimarilyanighttimeuse; up to 50 percent of the requiredparkingfacil-ities for a use considered to be primarily a nighttimeusemaybeprovidedbytheparkingfacilitiesofause
considered to be primarily a daytime use, provided such
reciprocal parking arrangement shall be subject to conditions set forth
in Subsection C of
this section.B. The following uses are typical daytime
uses: banks,business offices, retail stores, personal serviceshops, clothing or shoe repair or service shops, and similar uses.
Theaters are typical of nighttime and/or
Sunday uses.C. Parties concerned in the joint use ofoff-street parking facilities shall evidence agreement for such joint
use by a proper legal instrument approved by the City
Attorney as to form and content. Such instrument, whenapprovedasconformingtotheprovisionsofthistitle, shall be recorded
in the office of the County Recorder and copies thereof
filed with the Building Division
and Planning Division.17.43.230 Parking Requirements
for Common Facilities.Common parking facilities may be provided in lieu
of the individual requirements contained in
this section, provided:A. The total of such off-street
parking spaces, when used together, shall not be less than the sum
of the various uses computed separately unless any such commonfacilityistooccupyasiteof5,000 square feet or more; then the parking require-ments, as specified herein for each of
two
buildings or use~may be reduced by the Commission not more
than 15 percent.
B. The plan of proposed parking area clearly indicatingtheproposeddevelopment, including location, size, shape,
design, relationship to business sites to be served, curb cuts,
lighting, landscaping, and other features and appurtenances of
the proposed parking lot is approved by the Planning Commission.
17.43.240 Purpose of Signs. This section is adopted in recog-nition of the important function of signs and of the need to
safeguard and enhance the economic and aesthetic values in the Tustin
Redevelopment Project Area through the regulation of such factors
as size, location and illumination of signs, and thereby promotethepublichealth, safety and general welfare in the ProjectArea.
17.43.250 Definitions of Signs.
A. Area of a Sign
1. Ground Sign. The area of a ground sign shall include
the entire surface area of the largest face of the sign, excludingtherefromnecessarynon-illuminated supports, superficial
column areas or uprights beneath the highest portion of
sign.2. Wall Signs and Projecting Signs. The area of a
wall sign shall include entire area within a single continuous
perim-eter enclosing the extreme limits of writing,
representation,emblem, or any figure or similar character, together withanyframeorothermaterialorcolorforminganintegralpart
of the display or used to differentiate such sign from thebackgroundagainstwhichitis
placed.B. ATTACHED TO A BUILDING means a sign attached to
and wholly supported by the wall of a
building.C. GROUND SIGN means any sign which is wholly orpartlysupportedbyastructuralelementwhichisnotanintegralpartofabuilding. This definition includes pole signs, freestanding signs, pylon signs, and monument
signs.D. INTEGRATED DEVELOPMENT means any group of two or
more contiguous parcels approved by building plan approvaluponwhichadevelopmentiscoptemplated, irrespective of theownershipofthe
parcel.E. PROJECTION means the distance which an attachedsignextendsbeyondabuildingface, or a ground sign extends
beyond a street property line. A wall sign shall not be deemed
to project. Projection signs are prohibited in the C-
TR District.F. ROOF SIGN means a sign erected or painted wholly
on or above the roof covering any portion of a building or
located on any roof structure. Roof signs are prohibited in
the
C-TR District.G. A SIGN means any writing (including
letter, word, or numeral), pictorial presentation (
including illustration or decoration), emblem (including device,
symbol or trademark),or any other device, figure or
similar character which:1. is a structure or any part thereof,
or is attached to, painted Oll, or in any other manner represented
on a building or other structure
or
2. is used to dnnourlce, direct clttention to or
adve.ctise; a.nd
3. is visible fCCin outside the bu~lding DC stcucture.
WALL SIGN Deans a sig~ attached parallel to the exterior
a building, not projecting more than 10 inches therefrom.
IL
wal.l of
7 43 260 P t R ',~ ,. ~.
erfti:;:.....-~~.
equJ.
L'8{..l_3~~~"-_(i~"_A. A perltlit
aha].l be iS3U8d by the Buildlng Division before any 519n may
be erec~:ed, relocated, or reconstructed,B. Approval of
plans by the Design Review Roard sh~:l be obtajned prior to
the iSGtlance o~ &!lY permit by the Bu_ldlflg DivisiorL.C. In
cases
wherein signti u~e to be painted or rep&inted upon any building
or structure, oc when copy is to be changed 11pon any sign,
no buildi.ng pe=niitc shall be required but the sign must be
approved by the Design Review Bo~rd before the erection or painting
of such sign.l.7.~1-:_?
70 Sisn__~?~emption~...:.. The followin9 signs (-lnd (.>~VtC~3 shall not be
subject to conflicting provisions of this section:A. Signa placed
by a government body or public utility,required to be
mairltainad by law.B. Flags of
the natiollal or state governrnerlt.c. NOllelectric signs
wIthin recreatiollal facilities Sllctl as theaters, which
are not visible from any public street.D.. Tempoco.ry
n{)rH~:I.ectr ic real estate or construct ion :.::.igns I not exceeding 32
sq~are feet&E. Temporary advertisiIlg
displayo, approved by ~he P1.anning Department, for gcand
opcIllngs, special events, and Sil!lilar purposes, may be
authorized by the Director of Planning and Development Secv~ces
for orlO 30-day period, ducins the c~ler}dar year.F..
Small
nOflelectric
portable and/oc temporary slgrls l;lithin
a bu.i.ldi.B<j,GmSUlall
nor~electcic convenierlce signs Which facilit~te t=affic
flow and safety, such as entranc~, ex:t, catltio~, p~rkifiS,eight or
J.eft turIl only, stop, ete.., provided such sigrls do not exceed 6
square feetB H. Copy
wh~ch is placed upon a sign designed a~ a ctlarlge-able or
replaceable copy 3uch as theater marquees, or gas price signs.17.
43.
280 Sign General Provisioncg A. In
order to achieve the objective of uniformity in sj.gnage,
Cr.i.Ch prOpE~rty O\jn2C wil.1. pc\?pa.ced s,';~sn fildr~ upp~.i.cC:..ble toall
signs within that propectYm BD The
Sigli plan I~U8t be co~pleted vi~hin 6 I~onths ~~tec adoptioil of
these Design Gtatldards and sub~itted to the Design Review Boaed
for cip~=oval, utiless subsequent ordioarlc2c QC Ageocj incentivE p~
oyramB 6?ccify a different time frame.
C. No changes to tenant signs within the Tustin Project
Area will be permitted until approval of the owner's sign plan
has been obtained.
D. At a minimum, the sign plan will specify the colors,
materials, locations, sizes dnd methods of lighting of all
signs for the property. Samples must also be provided which
indicate the proposed size of lettering, style of lettering,
lines of copy and use of logos for typical signs.
The general pcovisions in Sections 17043.290 through
17.43.350 shall govern all signs, in addition to all other
applicable provisions of these sections.
17.43.290 Limitations on Placement o~.Signs.
A. Near Freeways. Ground signs that are perpendicular
to and within 200 feet of the nearest freeway right-
oE-way line, and not perpendicular to a street. shall be
submitted to the Planning Commission and/or City Council for
approval subject to the provision of this chapter. For the purpose
of computing sign area, the abutting freeway right-of-
way shall be
construed as street frontage.B. Near Street Intersections. No si~
n or partioa thereof shall be erected at the intersection
of public streets, within the triangular area formed by a line
connecting points 25 feet from the intersection of projected
street property lines unless the same is less than 42 inches or more than
8 feet above curb grade, and its means of Dupport has
a horizontal cros~-section of not
more than 12 inches.
C. Within Setback Area.1. No sign or portion thereof
shall be erected within any setback area as defined in Section 17.
43.270 also being future street right-of-way as specified
in Section 12.52.030 of the Orange Municipal Code
unless an agreement is recorded against the property, as
approved by the City Attorney, stipulating that the sign will be removed at the
request of the City and at no expense to the City upon
street widening, copies of which shall be filed with the
Building and Engineering Divisions prior to
the issuance of a building permit.17.43.
300 gener~1 or Billboard Signs.A. No
general or billboard advertising sign, portable reader board, portable sign,
bench sign. wind sign or device,temporary window sign,
or captive balloon shall be permitted.B. Benches located
on public right-of-way prior to the effective date of
the ordinance codified in this scctio'
l, and containing advertising heretofore permitted pursuant to Ordinance No.
18-75, shall be allowed to retain such advertising matter
and remain in the public right-of-
way
until such time as Such benches are removed or
replaced.sign 17.43.310 Temporary Sign Attachments to Vehicles.
No
A sign shall be permitted if painted directly upon/ or
pe~manently affixed to the body of a public transportation
vehicle or a vehicle used regularly in a business to which the
sign pertains. nigfis permanently affixed to business vehicles
as described above shall not exceed 3 square feet in area and/o~
in nur.lber"
17.43~320 Obscene or Immoral SignD Prohibited. No p~r3oil
3hal1- exhibi t / post 0;: 'display upon any sign any stat...':;!ment /
symbol of an obscene or iQffioral nature/ or any picture, illus-
tration/ or deliraoation of the human figuca in such detail as
to offend the public morals oc decency~
17~43.330 ItelilS of lterchandise Not to be Used ~s SiYI1Sa
No item-of Inei:chandise shall be used as c SigH except. &.5
filay-bD pe=manently i:lcorporated irlto a sign structure
permittee uader
this sectiofl.17.43.340 Wattage of Bulbs on Signs. No
expcse{} ~nccinde8cent bulb used ~s a part of a sign display shall exceed a
ca~lny of 20
Wd.ttS.17.43~350 Street Addre~ses on Signs.
Street addresse~shalf be pcominently displayed over all main
entry doocvays ill letters 6 inches higtl. Fce~standing 51gns shall
also !ldve street addresses
promirlently displayed.17.43.360 Sp',cial S::.gn
Provision_so A. Near R (Residential) Districts. No
digrl exceediilg 1.00 square feet in area shall be located in a
Comlaeccial ilistcict wl.thin 100 feet of any Residential District so that its
pril~lary purpose is to be viewed from residentially zoned pro~
erti or feoD any street or alley wi,thin all
R Disccicc.B. No flaahirlgl blinking/ thematic oc
special situation signs shall
be permitted.c. Any 3ign placed OIl any window shall not
obscure IJOre than 20 percent of the total a~eQ of such window and
sha!l be deducted from the total pacuitted wall
sign area.D~ Can Sigils are to be designed to perluit
illut:iIlatiol1 of the logo oc lettering. Background areas shall be deD~
g:~2d ill dark colors or of opaque materials ~o prevent
or =Gduce light tran~mission. ~he a=ea of lett~cin9 on a can
31STl shall be limited to 70 percent of the
sign area.17.43.370 Fcee_~_~_~ln6i~ (Gi.:o~.9/~.9nuLlent)
Si(;
HS.A. Number. One sign sh~ll be permitted for 2&ch
200 lineal feet of frontage oc fraction thereuf/ abuttins a
street.Sigr1D aha].l be permitted uporl parcelu of lesa thaa 200 feet
of frontage as
followa:1. One 8ig11 for each deVDlopIJOnt if the dcve~
0prnent ia integrated as defifled in Section 17.43.250
D.2. One SigCl for eactl parcel seper~teli oUlled
an(~developed if said developiJent is llot integrated as defil1ed
ill 1..
Section 17.43.250 D.
B. Area. Signs shall not exceed the areas defined as
follows:
1. Freestanding signs or ground signs are limited to
15 feet in height for parcels with frontage of 150 feet of linear
street frontage or more; 10 feet in height for parcels of 80
to 150 feet in frontage; and, 5 feet in height for parcels under
80 feet in frontage. All heights are measured from the ground
to the top of the sign and include poles, pylons or supporting
members.
All freestanding signs 10 feet or taller in height
shall be mounted on twin poles or designed as a solid archi-
tectural feature.
3. All tenant signs shall be limited in size to the
width of the twin poles or architectural features and should
be uniform in size and color, in conformance with the sign
plan for the site.
4. Freestanding signs are limited to one such sign
per parcel or one sign each 200 lineal feet of frontage.
5. The total area of a freestanding sign (including
both faces) shall be limited to 1 square foot in area for each
1.0 linear feet of building frontage. Corner sites are permitted
1.5 feet of sign area per linear foot of the building's address
frontage. Total sign area shall not exceed 160 square feet per
side.
6. The sign area on freestanding signs shall be
allocated to individual tenants in proportion to store area.
7. A minimum of 10 percent of the sign area of
freestanding signs for Malls or strip developments must be
devoted to identification of the strip or Mall by address or
name and address and decorative poles, trim or architectural
features to unify the total sign. Strip developments must
display the range of store addresses for that strip.
8. When 60 percent of the tenant signs on a free-
standing sign have been replaced and conform to the approved
sign plan for that property, the entire freestanding sign must
be changed to conform to the approved sign plan. However.
the incentive programs ace designed to encourage the rapid
replacement of all freestanding signs.
C. Placement.
1. Ground signs shall be situated on the central
50 percent of the lot frontage of an abutting stceet or 50 feet
or Qore from an abutting parcel, and a minimum 100 feet from
another sign on the same property.
2. Number and area of signs established by virtue of
a given street frontage shall be located on the same street
frontage.
17.43.380 Wall Signs.
A. C-TR
District.
1. The total sign area of wall or building signs per
parcel is limited to 1 square foot of sign area per lineal foot
of building frontage, ~easured along the facade facing the
street named in the street address. For strip developments,
total sign area shall be distributed among the individual store-
fronts in proportion to the fcontage length of each.
2. Cocner sites are permitted 1.5 squace feer. of sign
area per linear foot of the building's address frontage provided
that no more than 2/3 of the sign area occurs on either facade.
3. The sign area of an individually lettered sign wlthout
background is measured by enclosirlg the 6n~ire sign withiri tUG
sets of parallel lines. The sign area of a sign with border or
background is measured by a single continuous perimeter enclosing
the exterior limits of the bocder oc background.
4. The use of signs along awning valances is allowed
but letter height is limited to 6 inches or less. Letter color
will be compatible with the awning and building color scheme.
5. The use of neon signage is allowed but action oc
11Inovingll graphics is not permitted.
6. No building si9ns will be allowed above the bottom of
the second floor wil.dow line (where one exists) except whece
specific higher sign panels exist.
7. Direct and indirect lighting methods are allowed pro-
vided that they are not harsh or unnecessarily bright. The
use of can type box signs with white or light colored trans-
lucent backlit panels are not allowed within the Project Area.
8. Signs colors are required to be compatible w1th all
other signs on that building and all freestanding signs on that
parcel.
9. Signage type must be appropriate for the building
face upon which the sign is to be located.
10. The use of backlit individually cut letter signs
is allowed.
11. The use of permanent sale or corne-on signs is
pro-hibited. The temporary use of these signs is limited to a
30-day period and is restricted to signs affixed to the
lnterior of windows which do not occupy more than 20 percent of
the window area. Each business is permitted a total of not more
than 90 days of temporary signs per
calendar year.12. A sign plan for all buildings is required
to ensure proper design of signage and adequate identification
for tenants.Such programs shall provide for consistency in the
size, color,and placement of signa within a property, as noted
in the Tustin Street
Design Standards.13. When 60 percent of the tenant wall signs
have been changed to conform to the approved sign plan for
that property,the remaining tenant signs must also be changed
to confocm to the
approved plan.14. The identification of each building address in
6 inch high letters over the main entry door is required.
The identi-fication of the building address on the freestanding
sign
is required.15. Sign backgrounds and sign lettering colors are
to be designed with sufficiont contrast as to be legible
to the
visually
16. The use of logos, corporate insignias, and corporate
colors is permitted on any sign provided that these do not
occupy more than 25 percent of the sign area for the individual
sign upon which these are included.
17. Limitations on wall sign height are as follows:
a. Signs shall not exceed 24 inches in height; and
b. The height of individual letters within main
wall signs shall not exceed a maximum of 18 inches.
B. Projections. In the C-TR District wall signs may
not project more than 10 inches from a
building.C. Placement. The sign area allowed by virtue of a
given building frontage shall be located on the same building
frontage.17.43.390 Encroachment. No sign may be permitted
to encroach on or over the public
right-ot-way.17.43.400 Roof Signs. Roof signs are
prohibited in
the CI-TR District.17.43.410
Automobile
Service Station Sians.A. One identification ground sign not
exceeding a height of 15 feet, or an area of lOa square feet is allowed
in
the C-TR District.B. Additional wall signs shall be
permitted upon the face of the building not exceeding an area of 20
square feet per sign or an aggregate area of 80 square feet
for all such slgns.C. Four small signs comprised of
cestrooIU signs, i~entifi-cation signs, pcemium stamp signs, credit
card signs, tire signs and/or price signs may be permitted,
with the location determined by the Design Review Board, provided
such signs are established a minimum of 8 feet above grade and do not exceed
an area of 8 square feet per face or an aggregate area
of 24 square feet.D. One permanently affixed price
sign or changeable copy sign (or combination thereof), not exceeding an
area of 24 square feet, shall be required, provided such sign
shall be less than 42 inches in height or at least 8 feet
above grade; further. that only one ground sign shall be
permitted near street intersections as described under Section 17.43.
290 of this chapter.17.43.420 Mobile Home Signs. Mobile
Home Parks ~ay have one identification sign per entrance to
such park, which may consist of
one of the following:A. Ground Sign. A mobile home park
ground sign shall not exceed a height of 42 inches, measured from
the base of the sign to the highest poction
of the sign structure.B. Wall Sign. A mobile home park wall
sign may be affixed to the screening wall, and the letters of
such sign shall no&exceed 18 inches in height and shall not
project from the vall more than 3 inches. Such sign shall not exceed
an area
of 10 square feet.17.43.430 Compliance with
Chapter. Every sign lawfully in existence on the date of adoption of
this
be repaired, altered, or moved (except for normal repairs and
maintenullce) unless it is made to comply with all provisions
of this chapter. All persons maintaining signs for which a
permit has not been issued shall, within 60 days from the date
of adoption of this chapter, make application for a permit in
conformance with Section 17.43.260 of this chapter. If any person
fails to secure a permit within 60 days, or if under the provisions
of this chapter a permit may not be issued, such person shall
remove or demolish the sign from the premises within gO days
from the date of notice of the violation. Signs lawfully in
existence on the day of adoption of this ordinance, but made
non-conforming by such adoption, may continue in use for
a period not to exceed 5
years.17.43.440 Revocation of Permit. The Building
Official of the City, or his designated agent, is authorized and
empowered to revoke any permit issued by him, upon failure of the
holder thereof to comply with any provisions of this
chapter.17.43.450 Violation--Infraction. Any person
violating any of the provIsions of this chapter shall be guilty of
an infrac-tion and, upon conviction thereof, shall be
subject to:1\. A fine of Fifty Dollars ($50) for a
first violation;B. A Fine of One Hundred Dollars ($100) for
a second violation of this chapter within one
year; and c. A fine of Two Hundred Fifty Dollars ($250)
for each additional violation of this chapter within
one year.Ords.
19-82; 32-80 )D. Violation-
Misdemeanor. Conviction of fourth violation will constitute a misdemeanor punishable by
a fine of up to Five Hundred Dollars ($500) or
six (