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1
RESOLUTION NO. 4481
AN RESOLUTION OF THE PLANNING COMMISSION OF
THE CITY OF TUSTIN, CALIFORNIA, RECOMMENDING
THAT THE CITY COUNCIL ADOPT ORDINANCE NO. 1540,
AMENDING TUSTIN CITY CODE SECTIONS 3141, 3152,
9270, AND 9297 TO UPDATE THE CITY'S BUSINESS AND
LAND USE REGULATIONS PERTAINING TO CANNABIS
BUSINESSES (CODE AMENDMENT 2024-0001)
The Planning Commission of the City of Tustin does resolve as follows:
1. The Planning Commission finds and determines as follows:
A. That in 1996, California voters approved Proposition 215, entitled The
Compassionate Use Act ("CUA"), codified in Health and Safety Code
Section 11362.5 et seq. The CUA, which was intended to enable seriously
ill persons to obtain and use marijuana for medical purposes, exempted
qualified patients and their primary caregivers from criminal prosecution
under State law for the cultivation, distribution, possession, and use of
marijuana under specified circumstances.
B. That in 2003, the California Legislature enacted Senate Bill (SB)420, known
as the Medical Marijuana Program Act ("MMPA"), codified in Health and
Safety Code Section 11362.7 et seq. The MMPA clarified the scope and
application of the CUA, better defined the regulatory framework for the
cultivation, distribution, possession and use of medical marijuana, and
recognized the right of cities to regulate the operation, location, and
establishment of medical marijuana dispensaries.
C. That on February 6, 2006, the City Council adopted Ordinance No. 1309,
an interim urgency ordinance, and found that medical marijuana
dispensaries are not permitted uses in any zoning district in the City of
Tustin ("City") and expressly prohibited the establishment of any medical
marijuana dispensary in the City for 45 days pending the commencement
of appropriate studies and consideration of alternative land use approaches
for addressing the health, safety, and welfare issues associated with the
regulation of medical marijuana dispensaries in the City. On March 20,
2006, the City Council adopted Ordinance No. 1310, extending Ordinance
No. 1309 for an additional 10 months and 15 days.
D. That on December 4, 2006, the City Council adopted Ordinance No. 1322.
The purpose and intent of Ordinance No. 1322 was to prohibit all illegal
uses, including medical marijuana dispensaries, to promote the health,
safety, morals and general welfare of the residents and businesses within
the City.
Resolution No. 4481
Page 2
E. That on May 6, 2013, the California Supreme Court in the case of City of
Riverside v. Inland Empire Patient's Health and Wellness Center, Inc., 2013
WL 1859214 (Cal.), affirmed the right of municipalities to ban medical
marijuana dispensaries, holding that neither the CUA nor the MMPA
preempted a zoning ordinance declaring medical marijuana dispensaries a
prohibited use of land.
F That on October 9, 2015, Governor Brown signed the "Medical Marijuana
Regulation and Safety Act" ("MMRSA"), which was comprised of the State
legislative bills known as Assembly Bill (AB) 243, AB 266, and Senate Bill
(SB) 643, into law.
G. That the MMRSA, effective as of January 1, 2016, contains provisions that
govern the cultivating, processing, transporting, testing, and distributing of
medical cannabis to qualified patients. The MMRSA also contains new
statutory provisions that:
1. Expressly provide that the MMRSA does not supersede or limit local
authority for local law enforcement activity, enforcement of local
ordinances, or enforcement of local permit or licensing requirements
regarding marijuana (Business & Professions Code §19315(a));
2. Expressly provide that the MMRSA does not limit the authority or
remedies of a local government under any provision of law regarding
marijuana, including but not limited to a local government's right to make
and enforce within its limits all police regulations not in conflict with
general laws (Business & Professions Code § 19316(c)); and
3. Require a local government that wishes to prevent marijuana delivery
activity, as defined in Business & Professions Code section 19300.5(m)
of the MMRSA, from operating within the local government's boundaries
to enact an ordinance affirmatively banning such delivery activity
(Business & Professions Code § 19340(a)).
H. That on January 19, 2016, the City Council adopted Ordinance No. 1466.
The purpose of Ordinance 1466 was to prohibit marijuana cultivation,
processing, delivery, and distribution in all zoning districts within the City.
I. That on November 8, 2016, California voters approved Proposition 64—the
Control, Regulate, and Tax Adult Use of Marijuana Act (the "Adult Use of
Marijuana Act") legalizing certain activities by adults aged 21 or older
pertaining to recreational marijuana including:
Resolution No. 4481
Page 3
1. Possessing, processing, transporting, purchasing, obtaining, or giving
away, to adults aged 21 or older without compensation whatsoever, of
recreational marijuana in certain specified amounts (Health & Safety
Code §§ 11362.1(a)(1) and (a)(2));
2. Possessing, planting, cultivating, harvesting, drying, or processing of
not more than six living marijuana plants and possessing the marijuana
produced by those plants, provided that such activity is conducted
within a person's private residence (i.e. house, apartment unit, mobile
home or other similar dwelling), or upon the grounds of that private
residence (e.g. in an outdoor garden area), are in a locked space, and
are not visible by normal unaided vision from a public place (Health &
Safety Code §§ 11362.1(a)(3) and 11362.2(a)(2), (a)(3), and (b)(5));
and
3. Smoking or ingesting of marijuana and marijuana products (Health &
Safety Code § 11362.1(a)(4)).
J. That, pursuant to the Adult Use of Marijuana Act (AUMA), local entities may
not completely prohibit any of the foregoing activities, except that local
entities may prohibit possessing, planting, cultivating, harvesting, drying,
and processing of marijuana outdoors upon the grounds of a private
residence ((Health & Safety Code § 11362.2(b)(3)).
K. That on April 18, 2017, the City Council adopted Ordinance No. 1478. The
purpose of Ordinance No. 1478 was to amend the Tustin City Code ("TCC")
to ensure that it did not prohibit activity and/or uses expressly permitted
pursuant to the AUMA.
L. That on September 8, 2022, the Governor of the State of California signed
SB 1186 (the "Medicinal Cannabis Patients' Right of Access Act") which,
effective January 1, 2024, prohibits local jurisdictions from enforcing any
regulations which prohibit or have the effect of prohibiting delivery of
medicinal cannabis to medicinal cannabis patients or their primary
caregivers.
M. That pursuant to the provisions of the TCC, delivery of cannabis, whether
medicinal or recreational, is not listed as a "permitted use" in any zoning
district in the City; and that such uses and activities are expressly prohibited
in all zoning districts within the City.
N. That the City Council desires to modify TCC sections 3141, 3152, 9270, and
9297 to comply with State law.
Resolution No. 4481
Page 4
O. That Code Amendment (CA) 2024-0001 is consistent with the goals,
objectives, and policies of the General Plan as a whole and is not
inconsistent with any element thereof. Further, CA 2024-0001 is necessary
in order to ensure that the TCC is not inconsistent with State law.
Specifically, this Ordinance is necessary in order to amend the TCC so that
it does not prohibit activity and/or uses that are expressly permitted
pursuant to the Medicinal Cannabis Patients' Right of Access Act.
P. That CA 2024-0001 is not subject to the California Environmental Quality
Act (CEQA) pursuant to California Code of Regulations, Title 14, Chapter
3, Sections 15060 (c) (2) (the activity will not result in a direct or reasonably
foreseeable indirect physical change in the environment) and 15060(c)(3)
(the activity is not a project as defined in Section 15378) because it has no
potential for resulting in physical change to the environment, directly or
indirectly.
Q. That on January 23, 2024, a public hearing was duly noticed, called, and
held by the Planning Commission on CA 2024-0001
II. The Planning Commission hereby recommends that the City Council adopt
Ordinance No. 1540, amending TCC Sections 3142, 3152, 9270, and 9297 to update the
City's Business and Land Use regulations pertaining to Cannabis Businesses.
Resolution No. 4481
Page 5
PASSED AND ADOPTED, at a regular meeting of the Planning Commission of the City
of Tustin on the 231d day of January, 2024.
"'STEVE KOZAK_.,T_
Chairperson
J 0 INA L. WILLKOM
Pigning Commission Secretary
APPROVED AS TO FORM:
' MICHACL DAUDt--,—
Assistant City Attorney
Resolution No. 4481
Page 6
STATE OF CALIFORNIA
COUNTY OF ORANGE ss,
CITY OF TUSTIN
1, Justina L. Willkom, the undersigned, hereby certify that I am the Planning Commission
Secretary of the City of Tustin, California; that Resolution No. 4481 was duly passed
and adopted at a regular meeting of the Tustin Planning Commission, held on the 23rd,
day of January, 2024.
PLANNING COMMISSIONER AYES- Douthit, Kozak, Mason, Mello (4)
PLANNING COMMISSIONER NOES- Higuchi (17
PLANNING COMMISSIONER ABSTAINED:
PLANNING COMMISSIONER ABSENT:
JUST
. IILLKOM
Planng Commission Secretary
Exhibit A: Draft Ordinance No. 1540
DRAFT ORDINANCE NO. 1540
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
TUSTIN, CALIFORNIA, AMENDING TUSTIN CITY CODE
SECTIONS 3141, 3152, 9270, AND 9297 TO UPDATE THE
CITY'S BUSINESS AND LAND USE REGULATIONS
PERTAINING TO CANNABIS BUSINESSES (CODE
AMENDMENT 2024-0001)
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 in 1996, California voters approved Proposition 215, entitled The
Compassionate Use Act ("CUA"), codified in Health and Safety Code
Section 11362.5 of seq. The CUA, which was intended to enable seriously
ill persons to obtain and use marijuana for medical purposes, exempted
qualified patients and their primary caregivers from criminal prosecution
under State law for the cultivation, distribution, possession, and use of
marijuana under specified circumstances.
B. That in 2003, the California Legislature enacted Senate Bill (SB)420, known
as the Medical Marijuana Program Act ("MMPA"), codified in Health and
Safety Code Section 11362.7 et seq. The MMPA clarified the scope and
application of the CUA, better defined the regulatory framework for the
cultivation, distribution, possession and use of medical marijuana, and
recognized the right of cities to regulate the operation, location, and
establishment of medical marijuana dispensaries.
C. That on February 6, 2006, the City Council adopted Ordinance No. 1309,
an interim urgency ordinance, and found that medical marijuana
dispensaries are not permitted uses in any zoning district in the City of
Tustin ("City") and expressly prohibited the establishment of any medical
marijuana dispensary in the City for forty-five (45) days pending the
commencement of appropriate studies and consideration of alternative land
use approaches for addressing the health, safety, and welfare issues
associated with the regulation of medical marijuana dispensaries in the City.
On March 20, 2006, the City Council adopted Ordinance No. 1310,
extending Ordinance No. 1309 for an additional ten (10) months and fifteen
(15) days.
D. That on December 4, 2006, the City Council adopted Ordinance No. 1322.
The purpose and intent of Ordinance No. 1322 was to prohibit all illegal
uses, including medical marijuana dispensaries, to promote the health,
safety, morals and general welfare of the residents and businesses within
the City.
1806052.1
Ordinance No. 1540
Page 2
E. That on May 6, 2013, the California Supreme Court in the case of City of
Riverside v. Inland Empire Patient's Health and Wellness Center, Inc., 2013
WL 1859214 (Cal.), affirmed the right of municipalities to ban medical
marijuana dispensaries, holding that neither the CUA nor the MMPA
preempted a zoning ordinance declaring medical marijuana dispensaries a
prohibited use of land.
F. That on October 9, 2015, Governor Brown signed the "Medical Marijuana
Regulation and Safety Act" ("MMRSA"), which was comprised of the State
legislative bills known as Assembly Bill (AB) 243, AB 266, and Senate Bill
(SB) 643, into law.
G. That the MMRSA, effective as of January 1, 2016, contains provisions that
govern the cultivating, processing, transporting, testing, and distribution of
medical cannabis to qualified patients. The MMRSA also contains new
statutory provisions that:
1 . Expressly provide that the MMRSA does not supersede or limit local
authority for local law enforcement activity, enforcement of local
ordinances, or enforcement of local permit or licensing requirements
regarding marijuana (Business & Professions Code §19315(a));
2. Expressly provide that the MMRSA does not limit the authority or
remedies of a local government under any provision of law regarding
marijuana, including but not limited to a local government's right to make
and enforce within its limits all police regulations not in conflict with
general laws (Business & Professions Code § 19316(c)); and
3. Require a local government that wishes to prevent marijuana delivery
activity, as defined in Business & Professions Code section 19300.5(m)
of the MMRSA, from operating within the local government's boundaries
to enact an ordinance affirmatively banning such delivery activity
(Business & Professions Code § 19340(a)).
H. That on January 19, 2016, the City Council adopted Ordinance No. 1466.
The purpose of Ordinance 1466 was to prohibit marijuana cultivation,
processing, delivery, and distribution in all zoning districts within the City.
I. That on November 8, 2016, California voters approved Proposition 64 —the
Control, Regulation, and Tax Adult Use of Marijuana Act (the Adult Use of
Marijuana Act") legalizing certain activities by adults aged 21 years or older
pertaining to recreational marijuana including:
1. Possessing, processing, transporting, purchasing, obtaining, or giving
away, to adults aged 21 years or older without compensation
1806052.1
Ordinance No. 1540
Page 3
whatsoever, of recreational marijuana in certain specified amounts
(Health & Safety Code §§ 11362.1(a)(1) and (a)(2));
2. Possessing, planting, cultivating, harvesting, drying, or processing of
not more than six (6) living marijuana plants and possessing the
marijuana produced by those plants, provided that such activity is
conducted within a person's private residence (i.e. house, apartment
unit, mobile home or other similar dwelling), or upon the grounds of that
private residence (e.g. in an outdoor garden area), are in a locked
space, and are not visible by normal unaided vision from a public place
(Health & Safety Code §§ 11362.1(a)(3) and 11362.2(a)(2), (a)(3), and
(b)(5)); and
3. Smoking or ingesting of marijuana and marijuana products (Health &
Safety Code § 11362.1(a)(4)).
J. That, pursuant to the Adult Use of Marijuana Act (AUMA), local entities may
not completely prohibit any of the foregoing activities, except that local
entities may prohibit possessing, planting, cultivating, harvesting, drying,
and processing of marijuana outdoors upon the grounds of a private
residence ((Health & Safety Code § 11362.2(b)(3)).
K. That on April 18, 2017, the City Council adopted Ordinance No. 1478. The
purpose of Ordinance No. 1478 was to amend the Tustin City Code ("TCC")
to ensure that it did not prohibit activity and/or uses expressly permitted
pursuant to the Adult Use of Marijuana Act.
L. That on September 8, 2022, the Governor of the State of California signed
SB 1186 (the "Medicinal Cannabis Patients' Right of Access Act") which,
effective January 1, 2024, prohibits local jurisdictions from enforcing any
regulations which prohibit or have the effect of prohibiting delivery of
medicinal cannabis to medicinal cannabis patients or their primary
caregivers.
M. That pursuant to the provisions of the TCC, delivery of cannabis, whether
medicinal or recreational, is not listed as a "permitted use" in any zoning
district in the City; and that such uses and activities are expressly prohibited
in all zoning districts within the City.
N. The City Council desires to modify TCC Sections 3141, 3152, 9270, and
9297 to comply with State law.
O. That Code Amendment (CA) 2024-0001 is consistent with the goals,
objectives, and policies of the General Plan as a whole and is not
inconsistent with any element thereof. Further, CA 2024-0001 is necessary
in order to ensure that the TCC is not inconsistent with State law.
1806052.1
Ordinance No. 1540
Page 4
Specifically, this Ordinance is necessary in order to amend the TCC so that r
it does not prohibit activity and/or uses that are expressly permitted
pursuant to the Medicinal Cannabis Patients' Right of Access Act.
P. That CA 2024-0001 is not subject to the California Environmental Quality
Act (CEQA) pursuant to California Code of Regulations, Title 14, Chapter
3, Sections 15060 (c) (2) (the activity will not result in a direct or reasonably
foreseeable indirect physical change in the environment) and 15060(c)(3)
(the activity is not a project as defined in Section 15378) because it has no
potential for resulting in physical change to the environment, directly or
indirectly.
Q. That on January 23, 2024, the Planning Commission adopted Resolution
No. 4481, and recommended that the City Council adopt Ordinance No.
1540, approving CA 2024-0001
R. That on , a public hearing was duly noticed, called, and held by the
City Council on CA 2024-0001
SECTION 2. The definition for "Marijuana Dispensary" found at Section 3141 of Part 4
of Chapter 1 of Article 3 of the TCC is hereby deleted in its entirety.
SECTION 3. Section 3141 (Definitions) of Part 4 of Chapter 1 of Article 3 of the TCC is
hereby amended to add a definition for "Cannabis Business" to read as follows (new text
underlined):
Cannabis Business Any person, association, business, facility, use,
establishment location delive service cooperative, collective or provider,
whether fixed or mobile that possesses, cultivatesprocesses, distributes
makes available or otherwise facilitates the distribution of cannabis in any form
or incorporated into any other product) whetherfor recreational or medicinal use,
to any person, includin but not limited to a ualified atient a person with an
identification card or a rima caregiver as those terms are defined in California
Health and Safety Code Sections 11362.5 and 11362.7 et seq._ as may be
amended from time to time.
"Cannabis Business" shall not include the following:
(1) An individual aped twenty-one 21) years or older who:
(a) Possess, processes transports, purchases, obtains or des
away to adults aped twenty-one (21) years or older without
compensation whatsoever, recreational marijuana; or
(b)- Possesses, plants, cultivates, harvests, dries, or purchases six
6 or fewer living marijuana plants or who possesses the
1806052,1
Ordinance No. 1540
Page 5
mariivana produceq by those plants, provided that such activity
is conducted within the person's "private residence" as that
phrase is defined by California Health and Safety Code Section
11362.2 b 5 or upon the grounds of that private residence
provided that such activities are conducted within _a fully
enclosed-locked space, and are not visible by normal unaided
vision from a public place.
2 A business entity licensed pursuant to and acting in compliance with
California Business & Professions Code Section 26000 et seg. and
California Code of Regulations Sections 15400 et se which engages in
the retail sale by delivery of medicinal cannabis to medicinal cannabis
atients to a location within the City, provided that the following conditions
are met:
(aL The method of dellvery is in full compliance with the provisions of
California Business & Professions Code Section 26090 et seg. and
California Code of Regulations Sections,15400 et seg. (as may be
amended from time to time):
b The delivery is made to a building on a residential-property with an
existing_physical address. For purposes of this section, a "residential
property" is limited to the following: any dwelling unit includin
single-family, multi-family, and accessory dwelling units apartment,
condominium duplex, hotel, motel, mobile home, rest home, or
townhouse or townhome as those terms are defined by Section 9791
of this Code;
c The delivery is not made to any of the following, regardless of
whether the location is a "residential proper[ " as described in
subsection (b) ofi_this section:
1. Any address located on publicly owned land or any address
on land or in a_building leased by any public agency, as that
phrase is defined by California _Government Code. Section
6500: or
2. Any school providing instruction in kindergarten or anygrades
1 through 12,_day care center, or youthcenter, whether such
institution or entity is public or private.
3. Anypublic or private park. For purposes of this section " ublic
or private ark" shall mean any park operated by the City or
any park situated on privately owned property within the City
that is generally open for public use and shall include all
sidewalks or other public rights-of-way which are located
1806052.1
Ordinance No. 1540
Page 6
immediately adjacent to any public or private park. A park
shall be deemed generally open for public use if it is open to
any person(s) other than the owner of the privately owned
property upon which the park is situated, including, but not
limited to tenantsguests, or customers.
(d) The delivery must originate from an entity licensed pursuant to, and acting
in compliance with, California Business & Professions Code Section 26000
et seg. which is not located within the City of Tustin.
For purposes of this section the terms "medicinal cannabis" and "medicinal
cannabispatients" shall have the same meanings as those terms are defined in
California Business & Professions Code Section 26321(h
SECTION 4. Section 3152 of Part 5 of Chapter 1 of Article 3 of the TCC is hereby
amended and restated in its entirety to read as follows (new text
underlined, deletions in st��r,Fkethroug#):
3152 nnARWANA DISPENSAGICC CANNABIS BUSINESSES
Magi liana dispensaries Cannabis Businesses as defined in by Section 31.41
of this Code are expressly prohibited within the City.
SECTION 5. Subsection (c) of Section 9270 (Regulations) of Part 7 of Chapter 2 of
Article 9 of the TCC is hereby amended to read as follows (new text underlined, deletions
in Wiike hrouo):
c. Prohibited Uses
Any use that is not expressly permitted in a district as a permitted use or as a
conditionally permitted use, including a use in a district determined to be similar in
character to a particular use allowed in such district as provided in this Code, shall
be deemed a prohibited use and such use shall not be allowed in such district.
Marijuana .dispensaries Cannabis Businesses as defined in by Section 3141 of
this Code are expressly prohibited in all zoning districts.
SECTION 6. The definition for "Marijuana Dispensary" found at Section 9297 of Part 9
of Chapter 2 of Article 9 of the TCC is hereby deleted in its entirety.
SECTION 7. Section 9297 of Part 9 of Chapter 2 of Article 9 of the TCC is hereby
amended to add a definition for "Cannabis Business" to read as follows (new text
underlined):
� A
1806052.1
Ordinance No. 1540
Page 7
"Cannabis Business" means any person, association business facilit
use establishment, location, delivery service, cooperative collective, or provider,
whether fixed or mobile, that possesses, cultivates processes, distributes,
makes available or otherwise facilitates the distribution of cannabis (in any form
or incorporated into any other„product), whether for recreational or medicinal use,
to any person, including, but not limited to, a qualified patient, a person with an
identification card or a primary caregiver as those terms are defined in California
Health and Safety Code Sections 11362.5 and 11362.7 et seg., as may be
amended from time to time.
"Cannabis Business" shall not include the following:
1 An individual aged twenty-one 21 ears or older who:
a Possessesprocesses, transports, purchases, obtains or gives
away to adults aged twenty-one 21 ears or older without
compensation whatsoever, recreational marijuana; or
b Possesses plants, cultivates harvests dries or purchases six
(6) or fewer living marijuana plants or who possesses the
marijuana produced by those plants, provided that such activity
is conducted within the person's "private residence" as that
phrase is defined by California Health and Safety Code Section
11 362.2 b 5 or upon the grounds of that -private residence
provided that such activities are conducted within a full
enclosed, locked space, and are not visible by normal unaided
vision from a public place.
2 A business entity licensed pursuant to and acting in compliance with
California Business & Professions Code Section 26000 et seg. and
California Code of Regulations Sections 15400 et seg., which
engages in the_retail sale by delivery of medicinal .,cannabis to
medicinal cannabis patients to a location within the City, provided
that the following conditions are met:
La - The method of delivery is in full compliance with the provisions of
California Business & Professions Code Section 26090 et seg.
and California Code of Regulations Sections 15400 et se as
may be amended from time to time
Ordinance No. 1540
Page 8
b The delivery is made to a building on a residential property with ,
an existing physical address. For purposes of this section, a
id residential is limited to the following: any dwelling
including single-family, multi-family, and accessory .dwelling
units, apartment condominium, duplex, hotel, _motel, mobile
home rest home or townhouse or townhome as those terms are
defined by Section 9791 of this Codeti
(c) The delivery is not made to any of the following, regardless of
whether the location is a "residential ro ert " as described in
subsection b of this section:
1. Any address located on publicl owned land or any address
on land or in a building leased by any public agency,agengy, as that
phrase is defined by California Government Code Section
6500, or
2 Any school providing instruction in kindergarten_ or any grades
1 through 12, day care center, or youth center, whether such
institution or entity is public or private.
3. Any public or private park. For purposes of this section "p ublic
or private ark" shall mean any park operated by the Cit or
any park situated on privately owned property within the City
that is generally open for public use and shall include all
sidewalks or other public rights-of-way which are located
immediately adjacent to any public or private park. A park
shall be deemed generally open for public use if it is open to
any person(s) other than the owner of the privately owned
property upon which the park is situated including, but not
limited to tenants, quests, or customers.
d The delivery must originate from an entity licensed pursuant to
and acting in compliance with California Business & Professions
Code Section 26000 et seg. which is not located within the City
of Tustin.
For purposes of this section the terms "medicinal cannabis" and "medicinal
cannabispatients" shall have the same meanings as those terms are defined in
California Business & Professions Code Section 26321(L '
1806052,l
Ordinance No. 1540
Page 9
SECTION 8. 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 adoption of
the Ordinance and cause this Ordinance to be published as required by law.
SECTION 9. CEQA Exemption. The City Council finds that this Ordinance is not
subject to the California Environmental Quality Act (CEQA) pursuant to California Code
of Regulations, Title 14, Chapter 3, Sections 15060 (c)(2) (the activity will not result in a
direct or reasonably foreseeable indirect physical change in the environment) and
15060(c)(3) (the activity is not a project as defined in Section 15378) because it has no
potential for resulting in physical change to the environment, directly or indirectly.
SECTION 10. Severability. If any section, subsection, sentence, clause, phrase or
portion of 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 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 for the City of Tustin
on this day of , 2024.
AUSTIN LUMBARD, MAYOR
ATTEST.
ERICA N. YASUDA, CITY CLERK
1806052.1
Ordinance No. 1540
Page 10
STATE OF CALIFORNIA )
COUNTY OF ORANGE ) ss.
CITY OF TUSTIN )
CERTIFICATION FOR ORDINANCE NO. 1540
Erica N, Yasuda, 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. 1540 was duly
passed, and adopted at a regular meeting of the Tustin City Council held on the _ day
of , 2024, by the following vote:
COUNCILPERSONS AYES:
COUNCILPERSONS NOES:
COUNCILPERSONS ABSTAINED:
COUNCILPERSONS ABSENT:
Erica N. Yasuda, City Clerk z
Published:
1806052.1