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HomeMy WebLinkAbout06 SECOND READING AND ADOPTION OF ORDINANCE NO. 1524DocuSign Envelope ID: E82E5848-CC4F-48C5-8636-73A2C882ED6C AGENDA REPORT S MEETING DATE: TO: FROM: SUBJECT: SUMMARY: AUGUST 16, 2022 MATTHEW S. WEST, CITY MANAGER CARRIE WOODWARD, ACTING CITY CLERK Agenda Item 6 Reviewed: DS City Manager Finance Director N/A SECOND READING AND ADOPTION OF ORDINANCE NO. 1524 Adoption of Ordinance No. 1524 approves amending Part 3 of Chapter 6 of Article 3 (Business Regulation), Section 5502 of Chapter 5 of Article 5 (Public Safety) and various sections of Article 9 (Land Use) of the TCC relating to the Code Streamlining and Improvement Program to provide clarity, consistency of terms and definitions, and compliance with State law. RECOMMENDATION: That the City Council have second reading by title only and adoption of Ordinance No. 1524. BACKGROUND: On July 19, 2022, the City Council had first reading by title only of the following Ordinance: ORDINANCE NO. 1524 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TUSTIN, CALIFORNIA, AMENDING PART 3 OF CHAPTER 6 OF ARTICLE 3 (BUSINESS REGULATIONS), SECTION 5502 OF CHAPTER 5 OF ARTICLE 5 (PUBLIC SAFETY) AND VARIOUS SECTIONS OF ARTICLE 9 (LAND USE) OF THE TUSTIN CITY CODE (CODE AMENDMENT 2022-0002) RELATING TO THE CODE STREAMLINING AND IMPROVEMENT PROGRAM TO PROVIDE CLARITY, CONSISTENCY OF TERMS AND DEFINITIONS, AND COMPLIANCE WITH STATE LAW. Attachment: 1. Ordinance No. 1524 DocuSign Envelope ID: E82E5848-CC4F-48C5-8636-73A2C882ED6C ORDINANCE NO. 1524 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TUSTIN, CALIFORNIA, AMENDING PART 3 OF CHAPTER 6 OF ARTICLE 3 (BUSINESS REGULATIONS), SECTION 5502 OF CHAPTER 5 OF ARTICLE 5 (PUBLIC SAFETY) AND VARIOUS SECTIONS OF ARTICLE 9 (LAND USE) OF THE TUSTIN CITY CODE (CODE AMENDMENT 2022-0002) RELATING TO THE CODE STREAMLINING AND IMPROVEMENT PROGRAM TO PROVIDE CLARITY, CONSISTENCY OF TERMS AND DEFINITIONS, AND COMPLIANCE WITH STATE LAW. The City Council of the City of Tustin does hereby ordain as follows: SECTION 1. The City Council finds and determines as follows: A. That Chapter 2 of Article 9 of the Tustin City Code (TCC) establishes allowable uses, definitions, and development standards of properties within all zoning districts in the City, Chapter 6 of Article 3 establishes regulations for businesses within the City which are recognized as having characteristics which may pose particular threats to the public health, safety, or welfare, and Chapter 5 of Article 5 (Public Safety) provides property maintenance and nuisance abatement regulations and standards. B. That routine revisions to the TCC are required to provide clarity, create consistency of terms and definitions, comply with new State laws, streamline approval processes and amend Code requirements to reflect current market trends. C. That on May 24, 2022, a public hearing was duly noticed, called, and held by the Planning Commission on Code Amendment (CA) 2022-0002 relating to Code Streamlining and Improvement Program. D. That on July 19, 2022, a public hearing was duly noticed, called, and held on CA 2022-0002 by the City Council. E. That the code amendments are reasonable and serve the purpose of streamlining project and development plan reviews by providing clarity and consistency within the TCC. F. That the proposed amendments comply with the Tustin General Plan in that they comply with the following goal and policy: 1378023.4 DocuSign Envelope ID: E82E5848-CC4F-48C5-8B36-73A2C882ED6C Ordinance No.1524 Page 2 Land Use Element Goal 2: Ensure that future land use decisions are the result of sound and comprehensive planning. Policy 2.2: Maintain consistency between the Land Use Element, Zoning Ordinances, and other City ordinances, regulations and standards. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF TUSTIN, CALIFORNIA, DOES HEREBY ORDAIN AS FOLLOWS: Section 2. Part 3 of Chapter 6 of Article 3 of the TCC is hereby amended to read as follows: PART 3 RESERVED (Ord. No. 1252, Sec. II, 6-3-02) (Ord. No. 1252, Sec. II, 6-3-02) (Ord. No. 1252, Sec. II, 6-3-02) (Ord. No. 1252, Sec. II, 6-3-02) SECTION 3. Section 5502 of Chapter 5 of Article 5 of the TCC is hereby amended to read as follows: 5502 — PROPERTY MAINTENANCE NUISANCES It is hereby declared to be a public nuisance for any property owner or other person in control of said property to keep or maintain said property, including adjacent sidewalks, streets and/or parkways, in such manner that any of the following conditions are found to exist: SECTION 4. Section 9111 of Part 1 of Chapter 1 of Article 9 of the TCC is hereby amended to read as follows: 9111 — PURPOSE AND INTENT The purpose of this Chapter is to provide incentives for the production of housing for very low-, low-, moderate -income, senior citizens, transitional foster Ordinance No. 1524 ]378023.4 DocuSign Envelope ID: E82E5848-CC4F-48C5-8B36-73A2C882ED6C Ordinance No.1524 Page 3 youth, disabled veterans and homeless persons in accordance with California Law pertaining to density bonuses. In addition, it contains provisions for a density bonus or development incentive/concession when a child care facility is to be included in an affordable housing development, or when land is donated for affordable housing under specified conditions. The intent of this Chapter is to facilitate the development of affordable housing and to implement the goals, objectives, and policies of the City's Housing Element. The regulations and procedures set forth in this Chapter shall apply throughout the City_ Sections of the Government Code referenced in this Chapter and application forms for complying with this Chapter, shall be made available to the public. SECTION 5. All TCC references to the "Planned Development District (P -D)", "P -D District", or "P -D" shall be amended and restated by eliminating the hyphen between P and D to read "Planned Development District (PD)", "PD District", or "PD". The TCC sections impacted by this revision include: A. Section 9213 — Divisional Districts, subsection (a), Residential Districts. B. Section 9220 — Residential Site Development Standards, Table 1: Primary Residential Uses. C. Section 9224 — Planned Development District (PD), subsections (a), (b), (d)(1), (e)(3), (g)(2)(b), (g)(3)(a)-(c), (g)(5), and (g)($). D. Section 9271 — Specific Provisions, subsection (v). E. Section 9274 — Multiple Dwelling Conversions Standards, subsection (a)(3). SECTION 6. All TCC references to the "Duplex Residential District (R-2)", "R-2 District", or "R-2" shall be amended and restated by eliminating the hyphen between R and 2 to read "Duplex Residential District (R2)", "R2 District", or "R2". The TCC sections impacted by this revision include: A. Section 9213 — Divisional Districts, subsection (a), Residential Districts. B. Section 9225 — Duplex Residential District (R2), subsections (a) and (c). C. Section 9226 — Multiple Family Residential District (R3), subsection (b)(1). D. Section 9271 — Specific Provisions, subsections (p) and (u). SECTION 7. All TCC references to the "Retail Commercial District (C-1)", "C-1 District", or "C-1" shall be amended and restated by eliminating the hyphen between C and 1 to read "Retail Commercial District (C1)", "C1 District", or "Cl ". The TCC sections impacted by this revision include: Ordinance No. 1524 ]378023.4 DocuSign Envelope ID: E82E5848-CC4F-48C5-8B36-73A2C882ED6C Ordinance No.1524 Page 4 A. Section 9213 — Divisional Districts, subsection (a), Commercial Districts. B. Section 9232 — Retail Commercial District (C1). C. Section 9271 — Specific Provisions, subsections (u), (x), (bb)(c)(3)(c), (bb)(c)(3)(h), and (ee)(1). SECTION 8. All TCC references to the "Central Commercial District (C-2)", "C-2 District", or "C-2" shall be amended and restated by eliminating the hyphen between C and 2 to read "Central Commercial District (C2)", "C2 District", or "C2". The TCC sections impacted by this revision include: A. Section 9213 — Divisional Districts, subsection (a), Commercial Districts. B. Section 9252 — Cultural Resource District, subsection 0)(3)(d)(3)(d). C. Section 9271 — Specific Provisions, subsection (u), (x), and (ee)(1). SECTION 9. All TCC references to the "Planned Community District (P -C)", "P -C District", or "P -C" shall be amended and restated by eliminating the hyphen between P and C to read "Planned Community District (PC)", "PC District", or "PC". The TCC sections impacted by this revision include: A. Section 9213 — Divisional Districts, subsection (a), Industrial and Other Districts. B. Section 9244 — Planned Community District (PC), subsections (a), (b), (c), and (e)(1). SECTION 10. All TCC references to the "R -A" District shall be amended and restated by eliminating the hyphen between R and A to read "RA". The TCC sections impacted by this revision include: A. Section 9213 — Divisional Districts, subsection (a), Residential Districts. B. Section 9224 — Planned Development District (PC), subsections (g)(1)(b)-(c), (g)(2)(a) and (c), and (g)(3)(a) and (c). C. Section 9225 — Duplex Residential District, subsection (c). D. Section 9271 — Specific Provisions, subsection (u). SECTION 11. All TCC references to the "E-4" District shall be amended and restated by eliminating the hyphen between E and 4 to read "E4". The TCC sections impacted by this revision include: A. Section 9213 — Divisional Districts, subsection (a), Residential Districts. B. Section 9224 — Planned Development District (PD), subsections (g)(1)(b)-(c), (g)(2)(a) and (c), and (g)(3)(a) and (c). Ordinance No. 1524 ]378023.4 DocuSign Envelope ID: E82E5848-CC4F-48C5-8B36-73A2C882ED6C Ordinance No.1524 Page 5 C. Section 9225 — Duplex Residential District (R2), subsection (c). D. Section 9271 — Specific Provisions, subsection (u). SECTION 12. All TCC references to the "R-1" District shall be amended and restated by eliminating the hyphen between R and 1 to read "R1 ". The TCC sections impacted by this revision include: A. Section 9213 — Divisional Districts, subsection (a), Residential Districts. B. Section 9224 — Planned Development District (PD), subsections (g)(1)(b)-(c), (g)(2)(a) and (c), and (g)(3)(a) and (c). C. Section 9225 — Duplex Residential District (R2), subsections (a)(1) and (c). D. Section 9271 — Specific Provisions, subsections (i)(2)(b), (p) and (u). SECTION 13. All TCC references to the "R-3" District shall be amended and restated by eliminating the hyphen between R and 3 to read "R3". The TCC sections impacted by this revision include: A. Section 9213 — Divisional Districts, subsection (a), Residential Districts. B. Section 9271 — Specific Provisions, subsections (i)(2)(b), (n)(2), (p), and (u). SECTION 14. All TCC references to the "R-4" District shall be amended and restated by eliminating the hyphen between R and 4 to read "R4". The TCC sections impacted by this revision include: A. Section 9213 — Divisional Districts, subsection (a), Residential Districts. B. Section 9271 — Specific Provisions, subsections (i)(2)(b) and (n)(2). SECTION 15. All TCC references to the "C-3" District shall be amended and restated by eliminating the hyphen between C and 3 to read "C3". The TCC sections impacted by this revision include: A. Section 9213 — Divisional Districts, subsection (a), Commercial Districts. B. Section 9271 — Specific Provisions, subsections (u) and (x). SECTION 16. All TCC references to the "C -G" District shall be amended and restated by eliminating the hyphen between C and G to read "CG". The Tustin City Code section impacted by this revision includes: A. Section 9213 — Divisional Districts, subsection (a), Commercial Districts. Ordinance No. 1524 ]378023.4 DocuSign Envelope ID: E82E5848-CC4F-48C5-8B36-73A2C882ED6C Ordinance No.1524 Page 6 SECTION 17. All TCC references to "PC -IND" shall be amended and restated by eliminating the hyphen between PC and IND to read "PC IND". The TCC sections impacted by this revision includes: A. Section 9244 — Planned Community District (PC), subsection (d)(7). B. Section 9276 — Wireless Communication Facility Regulations and Guidelines, subsection (h)(4). C. Section A9904 — Permit Requirements and Application Procedures, subsection (a)(1). SECTION 18. All TCC references to "PC -Com" shall be amended and restated by eliminating the hyphen between PC and COM to read "PC Com". The TCC section impacted by this revision includes: A. Section 9244 — Planned Community District (PC Com), subsection (d)(7). SECTION 19. All TCC references to the "P & I" District shall be amended and restated by eliminating the ampersand between P and I to read "PI". The TCC sections impacted by this revision include: A. Section 9213 — Divisional Districts, subsection (a), Industrial and Other Districts. B. Section 9240 — Table 1: Industrial and Other Development Standards. C. Section 9245 — Public and Institutional District (PI), subsections (b) and (d). SECTION 20. All TCC references to the "MCAS Tustin Specific Plan" shall be revised to read Tustin Legacy Specific Plan" or "SP -1" shall be amended and restated by eliminating the hyphen between SP and 1 to read "SP 1 ". The TCC sections impacted by these revisions include: A. Section 9246 —Tustin Legacy Specific Plan (SP 1 Specific Plan), subsections (a) - (e). B. Section 9240 — Industrial and Other Zoning District Site Development Standards. C. Section 9112 — Definitions. SECTION 21. Section 9221(a)(6) of Part 2 of Chapter 2 of Article 9 of the TCC is hereby amended to read as follows: 6. Repealed. SECTION 22. Section 9222(a)(4) of Part 2 of Chapter 2 of Article 9 of the TCC is hereby amended to read as follows: Ordinance No. 1524 ]378023.4 DocuSign Envelope ID: E82E5848-CC4F-48C5-8636-73A2C882ED6C Ordinance No.1524 Page 7 4. Repealed. SECTION 23. Section 9223(a)(6) of Part 2 of Chapter 2 of Article 9 of the TCC is hereby amended to read as follows: 6. Repealed. SECTION 24. Section 9224(b)(7) of Part 2 of Chapter 2 of Article 9 of the TCC is hereby amended to read as follows: 7. Repealed. SECTION 25. Section 9224(e)(3) of Part 2 of Chapter 2 of Article 9 of the TCC is hereby amended to read as follows: If any parcel zoned PD is to be developed in accordance with the provisions set forth for this District and said parcel abuts a street not improved to City standard, the owner shall dedicate the necessary street easement to the City and improve said street so as to be in accordance with the design standards and specifications of the City prior to the issuance of a utility release by the Building Department. SECTION 26. Section 9224(g)(1)(b) of Part 2 of Chapter 2 of Article 9 of the TCC is hereby amended to read as follows: When a lot in the PD district abuts at any point along its property lines or is directly across a street or alley from property zoned RA, E4 or R1 (developed or undeveloped), no main building shall be erected on said PD lot to a height to exceed two (2) stories, and/or thirty (30) feet, whichever is more restrictive, within fifty (50) feet of said RA, E4, or R1 zoned property, unless the Planning Agency shall grant a conditional use permit thereof. SECTION 27. Section 9225(c) of Part 2 of Chapter 2 of Article 9 of the TCC is hereby amended to read as follows: Maximum Height, Exception Notwithstanding any provision to the contrary contained in this Section 9225, when a lot in the R2 District abuts at any point along its property lines or is directly across a street or alley from property zoned RA, E4 or R1 (developed or undeveloped), no main building shall be erected on said R2 lot to a height to exceed two (2) stories, and/or thirty (30) feet, whichever is more restrictive, within fifty (50) feet of said RA, E4 or R1 zoned property, unless the Planning Agency shall grant a conditional use permit therefor. Ordinance No. 1524 1378023.4 DocuSign Envelope ID: E82E5848-CC4F-48C5-8B36-73A2C882ED6C Ordinance No.1524 Page 8 SECTION 28. Section 9226(c) of Part 2 of Chapter 2 of Article 9 of the TCC is hereby amended to read as follows: Maximum Height, Exception Notwithstanding any provision to the contrary contained in this Section 9226, when a lot in the R3 District abuts at any point along its property lines or is directly across a street or alley from property zoned RA, E4 or R1 (developed or undeveloped), no main building shall be erected on said R3 lot to a height to exceed one (2) stories, and/or thirty (30) feet, whichever is more restrictive, within fifty (50) feet of said RA, E4 and R1 zoned property, unless the Planning Agency shall grant a conditional use permit thereof. SECTION 29. Section 9228(a)(6) of Part 2 of Chapter 2 of Article 9 of the TCC is hereby amended to read as follows: 6. Repealed. SECTION 30. Section 9230, Table 1: Commercial Site Development Standards, of Part 3 of Chapter 2 of Article 9 of the TCC is hereby amended to read as follows: Table 1: Commercial Site Develo ment Standards Zoning Minimum Minimum Lot Building Front Interior Corner Site Rear Lot Area Lot Width Coverage Height Yard') Side Yard') Yard') CG 3,000 sq. ft. 70 feet 100 35 feet 10 feet Yard' None, 10 None, 15 C2 Central 2,000 sq. N/A 100 50 feet None, 10 None, 10 None, 10 None, 5 Commercial ft. Percent(2) feet when feet when feet when feet when District(3)(Sec. property property property property 9233) abuts "R" abuts "R" abuts "R" abuts "R" District District District District SECTION 31. Section 9230, Table 1: Commercial Site Development Standards, of Part 3 of Chapter 2 of Article 9 of the TCC is hereby amended to read as follows: Table 1: Commercial Site Development Standards Zoning Minimum Minimum Lot Building Front Interior Corner Site Rear Lot Area Lot Width Covera e Hei ht Yard') Side Yard0) Yard') Yard') CG 3,000 sq. ft. 70 feet 100 35 feet 10 feet None, 10 None, 10 None, 15 Commercial Percent(2) feet from feet from feet when General ultimate ultimate abutting a District street right- street right- Single- (Sec.9235) of -way or of -way or Family adjoining adjoining Dwelling, 5 residential residential feet when lot lot abutting an alley or private easement SECTION 32. Section 9232(a)(2) of Part 3 of Chapter 2 of Article 9 of the TCC is hereby amended by adding new Subsection (g) and subsequent sub -lettered sections are re - lettered accordingly: Ordinance No. 1524 ]378023.4 DocuSign Envelope ID: E82E5848-CC4F-48C5-8636-73A2C882ED6C Ordinance No.1524 Page 9 (g) Fortunetelling. SECTION 33. Section 9233 of Part 3 of Chapter 2 of Article 9 of the TCC is hereby amended to read as follows: 9233 — CENTRAL COMMERCIAL DISTRICT (C2) SECTION 34. Section 9233(a)(1) of Part 3 of Chapter 2 of Article 9 of the TCC is hereby amended to read as follows: All uses listed as permitted in the C1 District, subject to the use and development criteria specified in Section 9232. SECTION 35. Section 9233(b)(1) of Part 3 of Chapter 2 of Article 9 of the TCC is hereby amended to read as follows: All conditionally permitted uses in the C1 District, subject to the development and use criteria specified thereto (except uses listed as permitted in Section 9233a). SECTION 36. Section 9234(a)(1) of Part 3 of Chapter 2 of Article 9 of the TCC is hereby amended to read as follows: All uses listed as permitted in the C3 Districts, subject to the use and development criteria specified thereto. SECTION 37. Section 9235(b)(1) of Part 3 of Chapter 2 of Article 9 of the TCC is hereby amended to read as follows: All uses listed as permitted in the C2 Districts subject to the use and development criteria specified thereto. SECTION 38. Section 9235(c)(1) of Part 3 of Chapter 2 of Article 9 of the TCC is hereby amended to read as follows: All uses listed as conditionally permitted in the C1 and C2 Districts subject to the use and development criteria specified thereto. SECTION 39. Section 9244(d)(5) of Part 4 of Chapter 2 of Article 9 of the TCC is hereby amended to read as follows: 5. Repealed. SECTION 40. Section 9244(f) of Part 4 of Chapter 2 of Article 9 of the TCC is hereby amended to read as follows: Ordinance No. 1524 1378023.4 DocuSign Envelope ID: E82E5848-CC4F-48C5-8B36-73A2C882ED6C Ordinance No.1524 Page 10 The following uses (or uses which, in the opinion of the Community Development Director and/or the Planning Commission, are similar) may be permitted in the Planned Community District (PC) subject to the issuance of a Conditional Use Permit and subject to the development standards identified in Table 1 of Section 9240 and/or as specified in this Chapter. SECTION 41. Section 92520)(3)(d)(3)(b) of Part 5 of Chapter 2 of Article 9 of the TCC is hereby amended to read as follows: On-site parking requirements may be satisfied_upon the presentation to the City of a long-term lease, running with and as a condition of the business license, for private off-site parking accommodations within 500 feet of the business or activity to be served in accordance with Section 9266(b)(2). SECTION 42. Section 92520)(3)(d)(3)(d) of Part 5 of Chapter 2 of Article 9 of the TCC is hereby amended to read as follows: Development proposed within the Downtown Commercial Core Specific Plan may satisfy all or a portion of the required number of on-site parking spaces through the payment of a fee, in an amount determined by Fee Resolution of the City Council, upon a determination of the Planning Agency_that the proposed project meets the following findings: 1. The proposed project is an infill and/or rehabilitation project located within the commercial district of Old Town. 2. That the proposed project is considered to be relatively small. 3. That the proposed project has incorporated building or site design enhancements that make it an outstanding addition to Old Town Tustin. 4. That the proposed project provides some on-site parking, but is aesthetically superior to one that provided all required parking on site. 5. That the project applicant shall agree to pay an annual fee for each public space not provided on site in an amount determined by Fee Resolution of the City Council. 6. That the proposed project is consistent with the General Plan. SECTION 43. Section 9262(b)(1) of Part 6 of Chapter 2 of Article 9 of the TCC is hereby amended to read as follows: Required off-street parking areas and access ways shall be made permanently accessible, available, marked and maintained for the purposes of temporary vehicle parking and access only. Required parking shall not be: Ordinance No. 1524 ]378023.4 DocuSign Envelope ID: E82E5848-CC4F-48C5-8636-73A2C882ED6C Ordinance No.1524 Page 11 SECTION 44. Section 9263, Table 1: Parking Requirements by Land Use, of Part 6 of Chapter 2 of Article 9 of the TCC is hereby amended to remove reference to Large family day care homes and parking spaces required from Table 1. SECTION 45. Section 5502 of Part 6 of Chapter 2 of Article 9 of the TCC is hereby amended to read as follows: A parking study prepared by a California licensed traffic engineer or civil engineer experienced in the preparation of such study shall be submitted by the applicant demonstrating that no substantial conflict will exist in the peak hours of parking demand for the uses for which joint use is proposed. The methodology to be used in preparing the study shall be that promulgated by the Institute of Transportation Engineers (ITE), the Urban Land Institute (ULI) or other industry -accepted methodology, as determined by the Community Development Director; SECTION 46. Section 9266(d)(1) Table 2: Minimum Parking Stall and Lot Dimensions of Part 6 of Chapter 2 of Article 9 of the TCC is hereby amended to read as follows: One -Way Traffic and Double Loaded Aisles in Parking Lot Parking angle Stall depth, including bumper overhang Aisle width (travel lane) Total bay depth (degrees) 60 21 feet 18 feet 60 feet SECTION 47. Section 9266(d)(2)(f) of Part 6 of Chapter 2 of Article 9 of the TCC is hereby amended to read as follows: Overhang. Parking stalls and wheel stops may be designed to allow a vehicle to overhang into landscaped or hardscaped areas a maximum of two (2) feet. A vehicle overhang shall not encroach into any required walkway, drive aisle or other required path of travel, including ADA path of travel. SECTION 48. Section 9267(a)(6) of Part 6 of Chapter 2 of Article 9 of the TCC is hereby amended to read as follows: Garages shall have a minimum unobstructed back-up area of twenty-five feet, portions of which may include the public right-of-way, private driveway, private street, or alley and shall comply with the Planning Standard (Minimum Driveway Width for Garages with Shared Driveway) as approved by the Community Development Director SECTION 49. Section 9269 Part 6 of Chapter 2 of Article 9 of the TCC is hereby amended to read as follows: "Retail Center (Small)." A commercial property that includes a range of tenants with less than 30,000 square feet of gross floor area. Ordinance No. 1524 1378023.4 DocuSign Envelope ID: E82E5848-CC4F-48C5-8636-73A2C882ED6C Ordinance No.1524 Page 12 "Retail Center (Large)." A commercial property that includes a range of tenants with 30,000 square feet or more of gross floor area. SECTION 50. Section 9270(b)(3) of Part 7 of Chapter 2 of Article 9 of the TCC is hereby amended to read as follows: 3. Requests for more than one (1) year require approval of a Conditional Use Permit (CUP) by the Zoning Administrator. SECTION 51. Section 9271(d) of Part 7 of Chapter 2 of Article 9 of the TCC is hereby amended to read as follows: 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 Design Review approval in each case. SECTION 52. Section 9271 (aa) of Part 7 of Chapter 2 of Article 9 of the TCC is hereby amended to read as follows: aa. Repealed. SECTION 53. Section 9271(i)(1)(b) — (c) of Part 7 of Chapter 2 of Article 9 of the TCC is hereby amended to read as follows: (b) No fence, solid hedge or wall three (3) feet and over in height shall be erected in the required front yard setback. (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 the Planning and/or Public Works Standard(s) by the Community Development Director and/or Public Work Director. SECTION 54. Section 9271(n)(5) of Part 7 of Chapter 2 of Article 9 of the TCC is hereby amended to read as follows: Detached accessory structures shall not be located within the front yard setback except as permissible for a Statewide Exemption ADU as defined in Section 9297 in accordance with Section 9279. SECTION 55. Section 9271(ff) of Part 7 of Chapter 2 of Article 9 of the TCC is hereby amended to read as follows: All uses (including storage) shall be conducted within a completely enclosed building except those that are specifically permitted and effectively screened from Ordinance No. 1524 1378023.4 DocuSign Envelope ID: E82E5848-CC4F-48C5-8B36-73A2C882ED6C Ordinance No.1524 Page 13 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. SECTION 56. Section 9271(gg)(viii) of Part 7 of Chapter 2 of Article 9 of the TCC is hereby amended to read as follows: No activity which generates excessive pedestrian traffic, vehicular traffic, or vehicular parking in excess of that otherwise normally found in the zone. SECTION 57. Section 9271(ii)(a) of Part 7 of Chapter 2 of Article 9 of the TCC is hereby amended to read as follows: 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. SECTION 58. Section 9278(f)(1) of Part 7 of Chapter 2 of Article 9 of the TCC is hereby amended to read as follows: (c) The requested accommodation would not impose an undue financial or administrative burden on the City; (d) The requested accommodation would not require a fundamental alteration in the nature of the City's land use and zoning codes and policies; SECTION 59. Section 9278(f)(1) of Part 7 of Chapter 2 of Article 9 of the TCC is hereby amended by adding new subsection (e) to read as follows: (e) 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. SECTION 60. Section 9292(c) of Part 9 of Chapter 2 of Article 9 of the TCC is hereby amended to read as follows: C Application Application for variance shall be made in writing by a property owner, lessee, purchaser in escrow, or optionee with the consent of the owners, or plaintiff in an action for eminent domain for acquisition of said property, on a form prescribed by the Planning Commission. They shall be accompanied by a fee in an amount Ordinance No. 1524 ]378023.4 DocuSign Envelope ID: E82E5848-CC4F-48C5-8B36-73A2C882ED6C Ordinance No.1524 Page 14 determined by Fee Resolution of the City Council, a plan of the details of the variance requested, and evidence showing (1) that the granting of the variance will not be contrary to the intent of this Chapter or to the public safety, health and welfare, and (2) that due to special conditions or exceptional characteristics of the property, or its location, the strict application of this Chapter would result in practical difficulties and unnecessary hardship. SECTION 61. Section 9292(d) of Part 9 of Chapter 2 of Article 9 of the TCC is hereby amended to read as follows: Upon receipt of an application for variance and deeming the application complete, the Planning Commission shall set a date for a public hearing on said application; said hearing shall be held within forty-five (45) days after the application is deemed complete. Notice of such hearing shall be given as set forth in Section 9296b. SECTION 62. Section 9295(c) of Part 9 of Chapter 2 of Article 9 of the TCC is hereby amended to read as follows: Any amendment of the nature specified in Section 9295b hereof may be initiated by (1) the filing with the Planning Commission of a resolution of intention of the City Council; (2) passage of a resolution of intention by the Planning Commission, or (3) filing with the Planning Commission of a petition of one or more record owners of property which is the subject of the proposed amendment or their authorized agents. A petition for amendment shall be on a form designated therefor by the Planning Commission and shall be accompanied by a fee in an amount determined by Fee Resolution of the City Council. (Ord. No. 451, Sec. 10) SECTION 63. Section 9297 of Part 9 of Chapter 2 of Article 9 of the TCC is hereby amended to read as follows: "Historic Resources Survey" means the citywide historical resources survey update report and any subsequent updates. "Historic Context Statement" means an indepth narrative account of the city's development history as reflected by its built environment as described in the City's Historic Resources Survey. "Large Family Day Care Home" pursuant to California Health and Safety Code definition. SECTION 64. Section 9297 of Part 9 of Chapter 2 of Article 9 of the TCC is hereby amended by revising the definition of "Building Accessory" to read as follows: Ordinance No. 1524 ]378023.4 DocuSign Envelope ID: E82E5848-CC4F-48C5-8B36-73A2C882ED6C Ordinance No.1524 Page 15 "Building, Accessory" means a subordinate structure or building including shelters, sr pools, or garages, the use of which is incidental to that of the main building on the same lot and/or building site. SECTION 65. Section 9297 of Part 9 of Chapter 2 of Article 9 of the TCC is hereby amended by revising the definition of "Structure" to read as follows: "Structure" means anything constructed or erected, the use of which requires location on or in the ground, or attachment to something having location on the ground, excluding in -ground and above -ground swimming pools, driveways, flatwork for paved, uncovered patios or surface parking spaces. SECTION 66. Section 9299(b)(3)of Part 9 of Chapter 2 of Article 9 of the TCC is hereby amends (k) and (1) to read as follows: (k) Painted wall signs to include murals or graphics which do not promote a product or business but which depict a scene or image. (1) Roof signs on buildings listed within the City's Historic Resources Survey. (Ord. No. 1317, Sec. 11, 9-18-06; Ord. No. 1497, Sec. 4(Att. C), 7-3-18) SECTION 67. Section 9299(b)(3) of Part 9 of Chapter 2 of Article 9 of the TCC is hereby amended by adding new subsection (m) to read as follows: (m) A master sign plan requesting deviations from standards contained in this chapter provided that the project is a center and a single development project of at least thirty thousand (30,000) building square feet or one (1) acre in project size. SECTION 68. Section 9299(c)(3) of Part 9 of Chapter 2 of Article 9 of the TCC is hereby amended by adding new subsection (e) to read as follows: (e) All other specified development applications that are subject to action by the Zoning Administrator shall be granted only when such applications are found to be in conformance with the General Plan. SECTION 69. Section 9331(d)(3) of Part 3 of Chapter 3 of Article 9 of the TCC is hereby amended to read as follows: Fees in lieu of dedication. When there is no public park or recreational facility required within the proposed subdivision, the subdivision is less than fifty (50) parcels, or the project is a conversion of an existing apartment complex to multiple -owner occupancy not exempted herein, the subdivider shall pay a park fee, on a per unit basis, reflecting the value of land required for park purposes. The value of the amount Ordinance No. 1524 ]378023.4 DocuSign Envelope ID: E82E5848-CC4F-48C5-8B36-73A2C882ED6C Ordinance No.1524 Page 16 of such fee shall be based upon the fair market value of the amount of land which would otherwise be required for dedication. The fair market value shall be determined by a Master Appraisal Institute (MAI) Designated member of the Appraisal Institute acceptable to the City and at the expense of the subdivider; and the determination shall consider the value of a buildable acre of land at the time the final map is to be recorded, as if otherwise the land would be fully developed to the residential density shown on the tentative map for which the fees are required. If more than one (1) year elapses between the appraisal and recording of the final map, the City will require that a new appraisal be prepared at the expense of the subdivider. For purposes of this section, the determination of fair market value of a buildable acre shall consider, but not necessarily be limited to, the approval of and conditions of the tentative subdivision map, the General Plan, zoning, property location, off-street improvements facilitating use of the property, and site characteristics of the property. If a subdivider objects to the fair market value as determined by the Designated member of the Appraisal Institute, an appeal may be made to the Planning Commission. The subdivider shall have the burden of proof in contesting the appraised value. Nothing in this section shall prohibit the dedication and acceptance of land for park and recreation purposes in subdivisions of fifty (50) parcels or less, where the subdivider proposes such dedication voluntarily and the dedication and land is acceptable to the responsible decision maker. For subdivisions in excess of fifty (50) parcels, the responsible decision maker may elect to receive a fee in lieu of land dedication. The value of the amount of such fee shall be based upon the fair market value of the amount of land which would otherwise be required for dedication as determined above. Notwithstanding the foregoing, dedication of land may be required by the City for a condominium, stock cooperative, or community apartment project which exceeds fifty (50) dwelling units, regardless of the number of parcels. SECTION 70. Section 9403(a)(2) of Chapter 4 of Article 9 of the TCC is hereby amended to read as follows: 2. A separate permit shall be required for each sign or group of signs in one (1) location. In addition to the requirements set forth in this section, all applicable building and electrical permits shall be obtained in accordance with the Uniform Building Code and the Uniform Electrical Code. SECTION 71. Section 9403(d)(1)(e) of Chapter 4 of Article 9 of the TCC is hereby amended to read as follows: Ordinance No. 1524 ]378023.4 DocuSign Envelope ID: E82E5848-CC4F-48C5-8636-73A2C882ED6C Ordinance No.1524 Page 17 e. A valid temporary sign permit shall be made available upon request for City review and inspection during times when a banner is displayed. Banner signs displayed without a City permit or on non -approved dates may be removed by the City. SECTION 72. Section 9404(a)(1)(p) of Chapter 4 of Article 9 of the TCC is hereby amended to read as follows: (p) Roof signs, except rooftop signs displaying only company name or logo on a flat roof so not to be seen from a horizontal plane of view below the roof line and approved as part of a Master Sign Plan pursuant to 9403h or 94006; and roof signs on buildings listed within the City's Historic Resources Survey pursuant to SECTION 73. Section 9404(b)(4) and Section 9404(b)(6) of Chapter 4 of Article 9 of the TCC is hereby amended to read as follows: 4. Reserved. 6. Reserved. SECTION 74. Section 9703(b) of Chapter 7 of Article 9 of the TCC is hereby amended to read as follows: The Landscape Documentation Package shall include a certification, bearing the signature of a licensed landscape architect, licensed landscape contractor, or any other person authorized to design a landscape plan in the State of California stating that the landscape design and water use calculations have been prepared by or under the supervision of the signatory and are certified to be in compliance with the provisions of this Chapter and the Guidelines. SECTION 75. Effective Date. This Ordinance shall take effect on the 31St day after its adoption. The City Clerk or his or her duly appointed deputy shall certify to the adoption of the Ordinance and cause this Ordinance to be published as required by law. SECTION 76. CEQA Exemption. The City Council finds that the proposed Ordinance is not subject to the California Environmental Quality Act ("CEQA"; Cal. Pub. Resources Code Section 21000 et seq.) pursuant to Section 15061(b)(3) of the State CEQA Guidelines (Cal. Code of Regs., title 14, Section 15000 et seq.) because it can be seen with certainty that there is no possibility that the activity in question may have a significant effect on the environment. SECTION 77. Severability. If any section, sub -section, clause or phrase in this Ordinance is for any reason held out to be invalid or unconstitutional by the decision of any court of competent jurisdiction, such decision shall not affect the validity of the remaining portions of this Ordinance. The City Council of the City of Tustin hereby declares that it would Ordinance No. 1524 1378023.4 DocuSign Envelope ID: E82E5848-CC4F-48C5-8B36-73A2C882ED6C Ordinance No.1524 Page 18 have adopted this Ordinance and each section, subsection, clause, phrase or portion thereof irrespective of the fact that any one or more sections, subsections, sentences, clauses, phrases, or portions be declared invalid or unconstitutional. PASSED AND ADOPTED, at a regular meeting of the City Council of the City of Tustin on this 16th day of August, 2022. AUSTIN LUMBARD, Mayor ATTEST: CARRIE WOODWARD, Acting City Clerk Ordinance No. 1524 ]378023.4 DocuSign Envelope ID: E82E5848-CC4F-48C5-8636-73A2C882ED6C Ordinance No.1524 Page 19 STATE OF CALIFORNIA ) COUNTY OF ORANGE ) ss. CITY OF TUSTIN ) CERTIFICATION FOR ORDINANCE NO. 1524 I, Carrie Woodward, Acting City Clerk and ex -officio Clerk of the City Council of the City of Tustin, California, does hereby certify that the whole number of the members of the City Council of the City of Tustin is five; that the above and foregoing Ordinance No. 1524 was duly and regularly introduced and read by title only at the regular meeting of the City Council held on the 19th day of July, 2022, and was given its second reading, passed and adopted at a regular meeting of the City Council held on the 16t" day of August, 2022, by the following vote: COUNCILPERSONS AYES: COUNCILPERSONS NOES: COUNCILPERSONS ABSTAINED: COUNCILPERSONS ABSENT: Carrie Woodward, Acting City Clerk Published: Ordinance No. 1524 1378023.4