The URL can be used to link to this page

Home My WebLink About03 PC REPORT CA 2024-0002 CODE STREAMLINING AGENDA REPORT ITEM #3 MEETING DATE: FEBRUARY 27, 2024 TO: PLANNING COMMISSION FROM- COMMUNITY DEVELOPMENT DEPARTMENT SUBJECT: CODE AMENDMENT 2.024-0002 (ORDINANCE NO. 1536) (CODE STREAMLINING AND IMPROVEMENT PROGRAM) SUMMARY This Project is a City-initiated request to amend various sections of the Tustin City Code (TCC) Article 9 (Land Use). The City's Strategic Plan identifies development streamlining as one of its goals. The proposed Code Amendment (CA) 2024-0002 is part of the Community Development Department's Code Streamlining and Improvement Program (Streamline Tustin). The goal of the Program is to evaluate the City's land use code and propose amendments to sections that lack clarity, are outdated, or do not respond to current market trends. The proposed CA 2024-0002 also streamlines the entitlement process in order to shorten processing time, increase effectiveness, and efficiency. The Community Development Department will continue to evaluate land use related codes and practices on a regular basis and will introduce amendments, as appropriate. RECOMMENDATION That the Planning Commission adopt Resolution No. 4471, recommending that the City Council adopt Ordinance No. 1536, amending various sections of Article 9 (Land Use) of the TCC relating to the Streamline Tustin to provide clarity, consistency of terms and definitions, and compliance with State law. APPROVAL AUTHORITY TCC Section 9295f authorizes the Planning Commission to make a recommendation to the City Council on a proposed Code Amendment. Such an amendment may be initiated by the City in accordance with TCC Section 9295. If approved, the Ordinance would go into effect thirty (30) days following adoption by the Tustin City Council. Planning Commission Staff Report Code Amendment 2024-0002 February 27, 2024 Page 2 DISCUSSION Proposed Code Amendment 2024-0002 The goal of Streamline Tustin is to implement changes to the TCC in order to streamline development review processes. The proposed CA 2024-0002 also corrects typographical errors, inconsistencies, outdated references to State laws, and updates the TCC to be consistent with current market trends. A summary is included in Attachment A. Consistency with the Tustin General Plan The proposed CA 2024-0002 is consistent with the Tustin General Plan in that they comply with the following goal and policy: 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. PUBLIC NOTICE A 1/8-page public notice was published in the Tustin News on February 15, 2024, informing the public of the Planning Commission public hearing for proposed CA 2024- 0002. In addition, the public notice was posted at Tustin City Hall, the Tustin Library, and the Tustin Area Senior Center. ENVIRONMENTAL ANALYSIS The proposed CA 2024-0002 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. CONCLUSION The proposed CA 2024-0002 would be consistent with the City's General Plan and implements the City's Strategic Plan goal to streamline development processes. Staff recommends that the Planning Commission adopt Resolution No. 4471, recommending that the Tustin City Council adopt Ordinance No. 1536, amending various sections of Article 9 (Land Use) of the TCC relating to Streamline Tustin to provide clarity, consistency of terms and definitions, and compliance with State law. Planning Commission Staff Report Code Amendment 2024-0002 February 27, 2024 Page 3 Attachments: A. Summary of Proposed Code Amendment B. Resolution No. 4471 Exhibit A — Draft Ordinance No. 1536 Prepared by: Jose Jara, Assistant Planner Approved by: Raymond Barragan, Principal Planner Approved by: Jay Eas man, Assistant Director- Planning Approved by. Jus V a L. Willkom, Community Development Director Planning Commission CA 2024-0002 ATTACHMENT A February 27,2024 Summary-Code Streamlining and Improvement Program Sec. Amendment Description IReason Downtown Commercial Core Specific Plan Parking Exception 2 Correcting internal inconsistency- Includes Downtown Commercial Core Specific Plan (DCCSP)Parking Exception Consistency, subject to Zoning Administrator review within TCC Section 9264 (Reduction of Off-Street Parking Requirements). Streamline 3 Correcting internal inconsistency-Includes Downtown Commercial Core Specific Plan (DCCSP)Parking Exception Consistency, findings subject to Zoning Administrator review in TCC Section 9299 (Zoning Administrator). Streamline Correcting internal inconsistency-Revises the Downtown Commercial Core Specific Plan (DCCSP)Parking Exception, Consistency, 4 within TCC Section 92520)(3)Cultural Resource District,subject from Planning Commission to Zoning Administrator Streamline review. Wireless Communication Facilities Authority 8 Streamline project reviews-Changes CUP requirement for modifications to legal non-conforming wireless Streamline communication facilities from Planning Commission to Zoning Administrator Review. Streamline project reviews-Changes CUP requirement for establishing Major and Minor wireless communication 9 facilities, and any modified WCF that exceeds the maximum height permitted in the zoning district it is located within, Streamline with a conditional use permit(CUP)and/or variance to be deferred from Planning Commission to Zoning Administrator review. Streamline project reviews-Changes Design Review requirement for Major, Minor wireless communication facilities 10 with a conditional use permit(CUP)and/or variance to be deferred from Planning Commission to Zoning Administrator Streamline review. Streamline project reviews-Changes CUP requirement for modification or establishment of a minor wireless 11 communication facilities in a residential zoning district in which the property contains a legally established Streamline nonresidential use and no legally established residential use from Planning Commission to Zoning Administrator Review. 12 Streamline project reviews-Changes monitoring program requirement for design reviews and/or CUP approval to allow Streamline the Community Development Director to defer from Planning Commission to Zoning Administrator Review. 13 Clarifying language to streamline project reviews-Changes CUP requirement for the abandonment of a wireless Streamline communication facility from Planning Commission to Zoning Administrator Review. 22 Clarifying language to streamline project reviews-Replaces"Dish Antennas"with "Wireless Communication Facilities". Consistency Wireless Communication Facilities subject to Zoning Administrator Review. Reasonable Accommodation Consistency with General Plan 14 Ensures consistency with ADA law and 2021-2029 Tustin Housing Element Program 2.4.(d)(7)-Removes the requirement that an applicant provide confirmation that the property is a primary residence of the disabled person. Consistency 15 Ensures consistency with 2021-2029 Tustin Housing Element Program 2.4.(c)-Removes application fee requirement Consistency for a Reasonable Accommodation request. 16 Ensures consistency with 2021-2029 Tustin Housing Element Program 2.4.(d)(1)-Removes requirement that a Consistency reasonable accommodation shall comply with existing codes at the time of request. 17 Ensures consistency with 2021-2029 Tustin Housing Element Program 2.4.(d)(7) -Removes the requirement that an applicant provide confirmation that the property is a primary residence of the disabled person. Consistency Ensures consistency with 2021-2029 Tustin Housing Element Program 2.4.(d).(3)through (7)- Removes restoration of 18 property requirement for a reasonable accommodation. requirement after a constraints relating to housing for persons Consistency with disabilities. Removes deed restriction requirement for a reasonable accommodation. Signage 23 Streamline project reviews-Signs subject to Zoning Administrator review and approval Streamline 24 Streamline project reviews-Tivoli lights or tube lights subject to Zoning Administrator review and approval Streamline 25 Streamline project reviews-Festoons subject to Zoning Administrator review and approval Streamline 26 Streamline project reviews-Temporary decorative flags and nonmetallic balloons subject to Zoning Administrator Streamline review and approval 27 Streamline project reviews-Permanent decorative flags/banner signs subject to Zoning Administrator review Streamline 28 Clarifying language-Maximum sign area for commercial 'Individual Business identification (not located within a Typographical center)". 29 Clarifying language-Maximum sign area for commercial 'Individual Business identification (within a center)". Typographical 30 Clarifying language-Maximum sign area for commercial 'Business Identification"for "Gasoline Service". Typographical 1of2 Planning Commission CA 2024-0002 February 27,2024 Summary-Code Streamlining and Improvement Program Sec. Amendment Description IReason Miscellaneous 5 Clarifying language-Temporary Uses Clarifying 6 Clarifying language to streamline project reviews-New subsection for Public Convenience or Necessity determinations Clarifying, relating to the sale of alcoholic beverages. Streamline 7 Correcting typographical error. Typographical 19 Clarifying language to streamline project reviews-New subsection for the substantial conformity with existing Clarifying, Conditional Use Permit for a similar land use subject to Community Development Director determination. Streamline 20 Clarifying language -Definitions for"Instructional Studios"and "Professional, instructional, motivational and/or seminar Clarifying schools". 21 Clarifying language Clarifying 2of2 ATTACHMENT B RESOLUTION NO. 4471 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF TUSTIN, CALIFORNIA, RECOMMENDING THAT THE CITY COUNCIL ADOPT ORDINANCE NO. 1536, AMENDING VARIOUS SECTIONS OF ARTICLE 9 (LAND USE) OF THE TUSTIN CITY CODE (CODE AMENDMENT 2024-0002) RELATING TO THE CODE STREAMLINING AND IMPROVEMENT PROGRAM TO PROVIDE CLARITY, CONSISTENCY OF TERMS AND DEFINITIONS, AND COMPLIANCE WITH STATE LAW. The Planning Commission does hereby resolve as follows: I. The Planning Commission 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 4 of Article 9 establishes regulation of signs to promote and protect the public health, safety and welfare through consideration of traffic and pedestrian safety and community aesthetics. 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 February 27, 2024, a public hearing was duly noticed, called, and held by the Planning Commission on Code Amendment (CA) 2024-0002 relating to Code Streamlining and Improvement Program. D. 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. E. That the proposed amendments comply with the Tustin General Plan in that they comply with the following goal and policy: 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. Resolution No. 4471 Page 2 F. The Planning Commission finds that the proposed code amendment 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. II. The Planning Commission hereby recommends that the City Council adopt Ordinance No. 1536, amending various Sections of Article 9 (Land Use) of the TCC (Code Amendment 2024-0002) relating to the Code Streamlining and Improvement Program to provide clarity, consistency of terms and definitions, and compliance with state law, attached hereto as Exhibit A. PASSED AND ADOPTED at a regular meeting of the Planning Commission of the City of Tustin held on the 27t" day of February 2024. STEVE KOZAK Chairperson JUSTINA L. WILLKOM Planning Commission Secretary APPROVE AS TO FORM: MICHAEL DAUDT Assistant City Attorney Exhibit A: Draft Ordinance No. 1536 Resolution No. 4471 Page 3 STATE OF CALIFORNIA ) COUNTY OF ORANGE ) CITY OF TUSTIN ) I, Justina L. Willkom, the undersigned, hereby certify that I am the Planning Commission Secretary of the City of Tustin, California; that Resolution No. 4471 was passed and adopted at a regular meeting of the Tustin Planning Commission, held on the 27th day of February 2024. PLANNING COMMISSIONER AYES: PLANNING COMMISSIONER NOES: PLANNING COMMISSIONER ABSTAINED: PLANNING COMMISSIONER ABSENT: JUSTINA L. WILLKOM Planning Commission Secretary DRAFT ORDINANCE NO. 1536 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TUSTIN, CALIFORNIA, AMENDING VARIOUS SECTIONS OF ARTICLE 9 (LAND USE) OF THE TUSTIN CITY CODE, CODE AMENDMENT (CA) 2024-0002 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 4 of Article 9 establishes sign regulations that promote and protect the public health, safety and welfare through consideration of traffic and pedestrian safety and community aesthetics. 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 and policies. C. That on February 27, 2024, a public hearing was duly noticed, called, and held by the Planning Commission on Code Amendment (CA) 2024-0002 relating to Code Streamlining and Improvement Program. D. That on , 2024 a public hearing was duly noticed, called, and held on CA 2024-0002 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: Land Use Element Goal 2: Ensure that future land use decisions are the result of sound and comprehensive planning. 1378023.4 Ordinance No. 1536 Page 2 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. Section 9264 of Part 6 of Chapter 2 of Article 9 of the Tustin City Code is hereby amended by adding new subsection (e) to read as follows (new text underlined): (e) Reduction of Non-Residential or Commercial Parking requirements within the Downtown Commercial Core Specific Plan. All or a portion of the required number of commercial parking spaces may be satisfied by depositing with the City a Parking Exception Fee to be used for public parking accommodation within the area. The amount of the Parking Exception Fee shall be determined by Fee Resolution of the City Council. The Zoning Administrator shall make a determination that the proposed project requesting payment of the Parking Exception Fee meets the findings set forth in Section 9299 (b)(4)(e). SECTION 3. Section 9299(b)(4) of Part 6 of Chapter 2 of Article 9 of the Tustin City Code is hereby amended by adding new subsection (n)to read as follows (new text underlined): (e) Reduction of Non-Residential or Commercial Parking requirements within the Downtown Commercial Core Specific Plan. All or a portion of the required number of commercial parking spaces may be satisfied by depositing with the City a Parking Exception Fee to be used for public parking accommodation within the area. The amount of the Parking Exception Fee shall be determined by Fee Resolution of the City Council. The Zoning Administrator shall make a determination that the proposed project requesting payment of the Parking Exception Fee meets the following findings. 1 . The proposed project is an infill project located within the Downtown Commercial Core Specific Plan. 2. The proposed project is considered to be relatively small. 3. The proposed project has incorporated building or site design enhancements that make it an outstanding addition to the Downtown Commercial Core Specific Plan. 4. The proposed project is aesthetically superior to one that provides all required parking on site. 5. The project applicant shall agree to pay an annual fee for each commercial parking space not provided on site. Ordinance No. 1536 Ordinance No. 1536 Page 3 SECTION 4. Section 92520)(3)(d)(3) of Part 5 of Chapter 2 of Article 9 of the Tustin City Code hereby amends subsections (d) to read as follows (new text underlined; deleted text in strikeout): (d) Reduction of Non-Residential or Commercial Parking requirements within the Downtown Commercial Core Specific Plan. All or a portion of the required number of commercial parking spaces may be satisfied by depositing with the City a Parking Exception Fee to be used for public parking accommodation within the area. The amount of the Parking Exception Fee shall be determined by Fee Resolution of the City Council, and the project shall meet the findings set forth in Section 9299(b)(4)(e). D8V u8 nmR n�vv �eiithiR f�F t f-9 F_) �evvrr nin (`nmmco-rr ial GGF8QPcnicO Dianmay}� �, A�f�i all er a pe iR efr��pp iiFeiI ber n��ite r g th spaGGG n61gh ys E?n�T pa a `i'R `'n amei int deter�T by Ccc Dosnli ifinn of fho Gity GE) RGil i innn a determinafinn of the DlA_nniRg g8RG / fhAf fho nrnnn68d nrnionf moofs fho fiRdinns 'I The r.�Qs r.rnionf is aR infill �ni1/nr roh chili t n r n n.-f Yeii�n �--n� c ccc-ra c-rtcrrsrrr � cc r rr fho nnmmorni�l i-lisfrinf of n1d Tc)wp 2. Thur PFGPGSGd Prnicct 06 GGiR7ESide ad ttY be. Relatively SmAtY v. ThAt prepes prniar--t has�r--.E)rn�ate b iildiRg nr Site dcslnrl eph;;nnomonfs fh;;f m;;Lo if ;;n ai-difinn fn Old TewR Ti isfi.p 4 ThAt the nrnPE)Sed Ppl� eS SE)Fne Site parking� but is "1 aosfhofiGally si ipeFier fn nno that pFeyii-ed all FE?9 iiFE?d pa*iRg nn sifo 5. That HnieGt appliGaRt shall angrree-t8 pay an anni i.I fee fe.eaGh publiG slyyGG Ra rnVid nn site in .ten aFR9 IRt diatiaFMiRiedby Coo Doonli ifinn of 69. rl Th�f the nrnnnso nrnionf is nnnsiso fnf With the GeRbQFol Dl�n c SECTION 5. Section 9270(b) of Part 7 of Chapter 2 of Article 9 of the Tustin City Code hereby amends subsections (1), (2) and (3) to read as follows (new text underlined; deleted text in strikeout): 1 . Requests for a temporary use of up to a total of thirty (30) days within one (1) year period require approval of a Temporary Use Permit from the Community Development Department. 2. Requests for more than thirty (30) days tea-within one (1) year period require Community Development Director approval. 3. Requests for a temporary use exceeding a period of mere th-rap one (1) year require approval of a CUP by the Zoning Administrator. Ordinance No. 1536 Ordinance No. 1536 Page 4 SECTION 6. Section 9271(dd) of Part 7 of Chapter 2 of Article 9 of the Tustin City Code is hereby amended by adding new subsection (11) to read as follows (new text underlined): (11) Determination of Public Convenience or Necessity relating to the sales of alcoholic beverages. The Community Development Director or Zoning Administrator shall have the authority to make determinations of public convenience or necessity on behalf of the City pursuant to Section 23958.4 of the California Business and Professions Code relating to the sale of alcoholic beverages, including beer and wine, or the section that may be subsequently adopted to replace said Section 23958.4. The Community Development Director shall have the authority to make determinations of public convenience or necessity on behalf of the City for uses classified as follows: a. When the sales of alcoholic beverages, pursuant to Tustin City Code Section 9271dd(5), are accessory to a permitted primary use that does not require a conditional use permit. SECTION 7. Section 9271(gg)(viii) of Part 7 of Chapter 2 of Article 9 of the Tustin City Code is hereby amended to read as follows (new text underlined): viii. No activity which generates excessive pedestrian traffic, vehicular traffic, or vehicular parking in excess of that otherwise normally found in the zone. (Ord. No. 1524, Sec. 56, 8-16-22) SECTION 8. Section 9276(c)(5) of Part 7 of Chapter 2 of Article 9 of the Tustin City Code is hereby amended to read as follows (deleted text in strike out; new text underlined): (5) All modifications to lawfully established wireless communication facilities for which applications for the modifications were submitted on or after the adoption date of Ordinance No. 1192, shall be required to comply with the regulations and guidelines contained herein. Modifications to legal nonconforming wireless communication facilities that are legal nonconforming with respect to any provision of Ordinance No. 1192, must first receive PlaRRORg G9mmissi9i Zoning Administrator approval of a conditional use permit, as established by Tustin City Code Section 9291 . Modifications to legal nonconforming wireless communication facilities shall not increase the nonconformities. (Ord. No. 1397, Sec. 7, 11-15-11) SECTION 9. Section 9276(d) of Part 7 of Chapter 2 of Article 9 of the Tustin City Code is hereby amended to read as follows (deleted text in strike out; new text underlined): d Requirement for Conditional Use Permit Ordinance No. 1536 Ordinance No. 1536 Page 5 The following must first receive Dlanninrr Gnmmissiei Zoning Administrator approval of a conditional use permit as established by Tustin City Code Section 9291 : SECTION 10. Section 9276€ of Part 7 of Chapter 2 of Article 9 of the Tustin City Code is hereby amended to read as follows (deleted text in strike out; new text underlined): e Requirement for Design Review Design review approval shall be required prior to the establishment or modification of any wireless communication facility in accordance with Tustin City Code Section 9272. if a GGRditiGRal , peFrni+ and/er a vaFiaRGG 0 6 FGgUiro,� +ho dE?GigR r iew ;;, .III be i-1 PIaRRiRg GGMMiGsiG1 m�„�e�4�--tea ri+,, shall t#�� ,� If a conditional use permit is required, the design review authority shall be the Zoning Administrator. When a variance is required, the design review authority shall be deferred to the Planning Commission. SECTION 11 . Section 9276 (g)(3) of Part 7 of Chapter 2 of Article 9 of the Tustin City Code is hereby amended to read as follows (deleted text in strike out; new text underlined): (3) A minor wireless communication facility may be established or modified within any City of Tustin residential zoning district on property that contains any legally established nonresidential use and no legally established residential use, with the approval of a conditional use permit by the Dlanninrr GAFAMOcciep Zoning Administrator. Should the property subsequently be developed with a residential use, the conditional use permit shall become null and void, and the facility shall be removed. SECTION 12. Section 92760) of Part 7 of Chapter 2 of Article 9 of the Tustin City Code is hereby amended to read as follows (deleted text in strike out, new text underlined): J Monitoring Program Each wireless communication facility approved subsequent to the adoption of Ordinance No. 1192 shall be reviewed by the Community Development Director at the end of five (5) years and/or at annual intervals thereafter from the date of design review and/or conditional use permit approval. The Community Development Director may defer this review to the Planning Commission on a case-by-case basis. The Director or PIaRRinrr ^mmi� i„r, Zoning Administrator, as applicable, may recommend a condition of approval to the Planning Commission or the City Council, respectively, to modify existing conditions or Ordinance No. 1536 Ordinance No. 1536 Page 6 impose new conditions as part of this review to protect the public health, safety, community aesthetics and general welfare, which condition shall be subject to the approval of the City Council. (Ord. No. 1429, Sec. 11.63, 5-21-13) SECTION 13. Section 9276(1) of Part 7 of Chapter 2 of Article 9 of the Tustin City Code is hereby amended to read as follows (deleted text in strike out; new text underlined): I Abandonment A written notice of the determination of abandonment shall be sent or delivered to operator of the wireless communication facility. The operator shall have thirty (30) days to remove the facility or provide the Community Development Department with evidence that the use has not been discontinued. The Dlanning Ggmmic c ign Zoning Administrator shall review all evidence and shall determine whether or not the facility is abandoned. All facility not removed within the required thirty (30) day period shall be in violation of the Tustin City Code and operators of the facility and the owners of the property shall be subject to penalties for violations under the enforcement and penalties provisions of this section. SECTION 14. Section 9278(d)(1) of Part 7 of Chapter 2 of Article 9 of the Tustin City Code is hereby amends subsections (d) through (f) to read as follows (deleted text in strikeout; new text`` l underlined): f� �nnf�a�Trt�� prep s the �8n��primaFy roR applinan+ �� (iRdiVid- A-1 VVi+h disability) fer yVhir--.h thteca�n�hlo �nnnmmnrl�+inn is h^ lIng r^g I^C+^!Y a-R 1 f {e)J�L Plans and detailed information of any physical improvements to the property being proposed including photos and supporting information necessary to evaluate the requested accommodation; and 4)L@� Additional information as deemed necessary by the Community Development Department to properly evaluate the proposed request and render a decision. SECTION 15. Section 9278(d)(2) of Part 7 of Chapter 2 of Article 9 of the Tustin City Code is hereby amended to read as follows (deleted text in strikeout; new text underlined): 2. Fees. At the time of application submittal, the applinan+ shall s, bMi+ a filing foo ir, +h^ Amni ir,+ r^gi iiFE?d fnr A 540r,nr A mepdm^r,+appliGatinr, no fee shall be required pursuant to the City's current fee schedule as adopted by the City Council. SECTION 16. Section 9278(d)(4) of Part 7 of Chapter 2 of Article 9 of the Tustin City Code is hereby amended to read as follows (deleted text in strikeout): Ordinance No. 1536 Ordinance No. 1536 Page 7 4.jnnfnrm;nno ��F=XTStiRg Cedes. The prepe rty fnr yVhir_-h thecasepable. �e��iv'v-a vtQ t h m s; R t th fQ R ErRrGE)mi�-rpi i aTGe 16 HRFe l A_ted_ tG the Fec96Ie6teGl r-edlos And1 pone Iatinns SECTION 17. Section 9278(f)(1) of Part 7 of Chapter 2 of Article 9 of the Tustin City Code hereby amends subsection (a) through (e) to read as follows (deleted text in strikeout; new text underlined): k7 The h9cr ` ,�FG h 6 thC96;I_1bj2Gt Gft h E? FE?9 6F2st fA;—re-a—SA"tee annnmmnd atinn Viill be nnni pied) as the primaFy rosid eRGe by an indliiidli i�l niifh � dlis�hilifi• jL{b-) The requested accommodation is necessary to make housing available to an individual with disabilities protected under the fair housing laws; Lbj{c-) The requested accommodation would not impose an undue financial burden on the City; (Ord. No. 1524, Sec. 58, 8-16-22) Lc 144 The requested accommodation would not require a fundamental alteration in the nature of the City's land use and zoning codes and policies; (Ord. No. 1524, Sec. 58, 8-16-22) J�U{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. (Ord. No. 1524, Sec. 59, 8-16-22) SECTION 18. Section 9278(f) of Part 7 of Chapter 2 of Article 9 of the Tustin City Code is hereby amended to remove subsection (2) to read as follows (deleted text in strikeout): 2 Othor RG9 1iFGMGRts AR�yed Feas£nohlo Qa�mmndl�finn is��rsnnA-1 �nnnmmndl�finn fnr fho rei a rruur� rrn-n-vuerervi-rra crave-rerraeecrrrrrrvaerervi-r-rvrern. h Irn�ri--a��cat$re t9�c$��e�V�ivcr$ GG-Rditi.G.R. —rWAY.4E?VE?rcF�(`Gmvt�mFR'a'n'n�� i info�sihlo fn rote ern the preperty to its nreyie is nnndlifinn Ir.nn aRY �rA_nSfrQr d.f dWRE?rshir. Gf r.FGPGFty thG r�rQrmi��oo d.r From d.W vpvn�.--.al Irr�,.,c,.rcrrT �,�,-I I-v�-,-.v�vo-rrcra-rrP--Qr c}�rc,.,��" h'��rrrrcccc-Q�fir,,G�Ir�rcTr-vvo-rre� s h atf--P et�yatl i R tce Feat p a Ft i e.��tite exTatce p rU��th- r a�nrTa-bTc Ordinance No. 1536 Ordinance No. 1536 Page 8 uc A tA equirernept A_f vAf the prnr oc cy to its Prier use by a diffeFeR� iRdividual with disability ohll rorviappFeval f a new ena�CatiGR fnr reesGnehle e�nmmnrle n A reesenehle en�mmnrle n rr-rv�,.r,.Tca rraur�a crrtmvucr i-r.TrTca i-ra-Frr�ac rm�-rvucr rr appFevedat the Feq lest of a deyelep i i er of hesiRg fer iRdiyid als Mtf2S PlAiQr, PAtPee6I tA hA FAe4Ped 61PGRr tFARSfe�--o; GWne FG h ip nrprvvide nrnn l� � Ste he used pd nn�� by persons with ��aa .._ __ crvvrra�rrcrt t�-l{�^yl�s haaility�9F disabilities��+�+^Se—t9 }t�-lam{ Riaiad—f9�t�-l{�e&AGGR'Ablr�C aGGGl1lr fedatieR. The FeaseRable-a•000 ties may he insPcct aWy er mere efrteep Of PeruessaFy by the G mmi Rity fly PmeRt DeP;; ens With GG)Rditinns of appreyal nntenti;l of the aR d 6169 restrintinns SECTION 19. Section 9291(c) and (d) of Part 9 of Chapter 2 of Article 9 of the Tustin City Code are hereby amended to read as follows (new text underlined): c Decision of the Zoning Administrator or the Planning Commission Upon receipt of the application for Conditional Use Permit, the Zoning Administrator or Planning Commission shall determine whether or not the establishment, maintenance or operation of the use applied for will, under the circumstances of the particular case, be detrimental to the health, safety, morals, comfort and general welfare of the persons residing or working in the neighborhood of such proposed use, or whether it will be injurious or detrimental to property and improvements in the neighborhood or the general welfare of the City. If the Zoning Administrator or Planning Commission finds that the aforementioned conditions will not result from the particular use applied for, it shall grant the Conditional Use Permit. The granting of a Conditional Use Permit applied for by the plaintiff in an action in eminent domain to acquire the property shall be conditioned upon ultimate vesting of title of the property to the plaintiff. (Ord. No. 157, Sec. 7.22) d Substantial Conformity If an applicant proposes a use similar to an existing conditional use permit, the Community Development Director shall determine whether the proposed use substantially conforms to the approved use specified in the existing conditional use permit. SECTION 20. Section 9297 of Part 9 of Chapter 2 of Article 9 of the Tustin City Code is hereby amended by adding new definitions for "Instructional Studios" and "Professional, instructional, motivational and/or seminar schools" to read as follows (new text underlined): Ordinance No. 1536 Ordinance No. 1536 Page 9 "Instructional Studios" means an establishment that offers services with the purpose of teaching and practicing a particular skill or subject. These studios involve one-on-one or small group instruction, covering a range of subjects including, but not limited to, sports and recreation (such as cheerleading, gymnastics, and martial arts) and fine arts (such as music, dance, drama, Photography, ceramics, painting, and sculpture). "Professional, instructional, motivational and/or seminar schools" means an educational institution or establishment that provides practical training and instruction for specific careers or trades, within fields such as healthcare, technology, or skilled trades. SECTION 21 . Section 9298(d) of Part 9 of Chapter 2 of Article 9 of the Tustin City Code is hereby amended to read as follows (new text underlined): d Responsibility of Enforcement It shall be the duty of the Pirer-ter m Community Development Director or designee to enforce the provisions of this chapter pertaining to the use of land or buildings in the erection, construction, reconstruction, moving, alteration, or addition to any buildings or structures. Any permit or license of any type issued by any department or officer of the City of Tustin issued in conflict with the provisions of this chapter is hereby declared to be null and void. (Ord. No. 175, Sec. 11 ; Ord. No. 1366, Sec. 22, 11-17-09) SECTION 22. Section 9299(b)(3)(a) of Part 9 of Chapter 2 of Article 9 of the Tustin City Code is hereby amended to read as follows (deleted text in strikeout; new text underlined): (a) Dish aptep Wireless Communication Facilities. SECTION 23. Section 9404(c) of Chapter 4 of Article 9 of the Tustin City Code is hereby amended to read as follows (deleted text in strikeout; new text underlined): c. Signs subject to P4appipg /'nmmiooinn Zoning Administrator Review. The following types of signs are permitted only after the Zoning Administrator has reviewed and approved the sign permit application for conformance with the review criteria outlined in section 9403d: SECTION 24. Section 9404(c)(1) of Chapter 4 of Article 9 of the Tustin City Code is hereby amended to read as follows (deleted text in strikeout; new text underlined): Ordinance No. 1536 Ordinance No. 1536 Page 10 1 . Tivoli lights or tube lights. External displays of small decorative lights of a permanent nature require approval by the Planning (�nmmiccinn Zoning Administrator. Tivoli lights are a brand of tube lights. SECTION 25. Section 9404(c)(3) of Chapter 4 of Article 9 of the Tustin City Code is hereby amended to read as follows (deleted text in strikeout; new text underlined): 3. Festoons. Festoons may be permitted on a temporary basis only in conjunction with a special event, provided the PIaRRiRg r- ernr-,issinn Zoning Administrator determines that it is consistent with the size and scale of the project and approves a temporary sign permit. SECTION 26. Section 9404(c)(4) of Chapter 4 of Article 9 of the Tustin City Code is hereby amended to read as follows (deleted text in strikeout; new text underlined): 4. Temporary decorative flags and nonmetallic balloons. Any request to deviate from the location, size height, number or time limits for decorative flags or balloons as provided for in section 9403d shall be reviewed by the Fannin^ GGMMiSSinn Zoning Administrator. Prior to approval, the rnmmissinn Zoning Administrator shall determine that the proposal is compatible with the size and scale of the buildings on the site and project size. SECTION 27. Section 9404(c)(5) of Chapter 4 of Article 9 of the Tustin City Code is hereby amended to read as follows (deleted text in strikeout; new text underlined): 5. Permanent decorative flags/banner signs. Any request to install permanent decorative flags or banner signs on a building or project site is subject to the design review procedures outlined in section 9272 of the Tustin M61ROGopal City Code and shall be reviewed by the Planning rnmmiccinn Zoning Administrator. In approving such flags or banner signs, the Gem Zoning Administrator shall determine that the permanent decorative flags or banner signs meet the following criteria: SECTION 28. Section 9413, Table 9408 Commercial Districts, of Chapter 4 of Article 9 of the Tustin City Code is hereby amended to read as follows (deleted text in strikeout; new text underlined): 9408 Commercial Districts Class Type of Permit Maximum Maximum Maximum Location Illumination Remarks Sign Required Sign Area Number Height(in Allowed in s .ft. feet Ordinance No. 1536 Ordinance No. 1536 Page 11 B. Individual 2.Wall or Yes Primary One 6 Primary: Yes a. For the Business Canopy wall: 15% primary Front wall purpose of identification of or canopy business (not located storefront area and identification within a area,-or below roof only. center) ref 75 eave. b. Secondary sq.ft., signs shall Whichever face onto a is less street, parking area, or service road. c. Maximum of one secondary sign per building face. d. The amount of signage permitted on Secondary Two Secondary: Yes the primary wall: 5%of Secondary Side wall or wall may be side or other non- switched with rear wall primary wall the signage area,or 25 and below on a sq.ft., roof eave. secondary Whichever wall provided is less the Community Development Department determines that the secondary wall would be more visible to a street or parking area and would not have a negative impact on surrounding land uses. Ordinance No. 1536 Ordinance No. 1536 Page 12 SECTION 29. Section 9413, Table 9408 Commercial Districts, of Chapter 4 of Article 9 of the Tustin City Code is hereby amended to read as follows (deleted text in strikeout; new text underlined): 9408 Commercial Districts Class Type of Permit Maximum Maximum Maximum Location Illumination Remarks Sign Required Sign Area Number Height(in Allowed ins .ft. feet C. Individual 2.Wall or Yes Primary One Height of Primary: Yes a. for the business canopy wall: 15% primary Window front wall or purpose of identification of canopy business (within a storefront area below identification center) area,-or 44p and roof only. to max. eave Secondary e€75 sq. signs shall ft.; face onto a Whichever street, is less parking area, or service road. c. Maximum of one secondary sign per building face. d. The amount of signage Secondary Two Secondary: Yes permitted on wall: 5%of secondary side wall or the primary side or other non- wall may be rear wall primary wall switched with area,-2-rap and below the signage '^ ,X roof eave on a e€25 sq. secondary ft.; wall provided Whichever the is less Community Development Department determines that the secondary wall would be more visible to a street or parking area and would not have a negative impact on surrounding land uses. Ordinance No. 1536 Ordinance No. 1536 Page 13 SECTION 30. Section 9413, Table 9408 Commercial Districts, of Chapter 4 of Article 9 of the Tustin City Code is hereby amended to read as follows (deleted text in strikeout; new text underlined): 9408 Commercial Districts Class Type of Permit Maximum Maximum Maximum Location Illumination Remarks Sign Required Sign Area Number Height(in Allowed ins .ft. feet F. Gasoline b.Wall or Yes Primary One 6 Primary: Yes a. For Service canopy wall: 15% primary Front wall purposes of of or canopy identification 1. Business storefront area and only. identification area,-or-up below roof b. Secondary to a max. eave. signs shall of 75 sq. face onto ft.; street, Whichever parking area, is less or service road. c. Maximum one secondary sign per building face. d. The amount of signage permitted on Secondary Two Secondary: Yes the primary wall: 5%of Secondary Side wall or wall may be side or other non- switched with rear wall primary wall the signage area,-or ap and below on a to a max. roof eave secondary e€ 25 sq. wall provided ft.; the Whichever Community is less Development Department determines that the secondary wall would be more visible to a street or parking area and would not have a negative impact on surrounding land uses. SECTION 31. 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 32. 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 Ordinance No. 1536 Ordinance No. 1536 Page 14 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 33. 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 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 day of March, 2024. AUSTIN LUMBARD Mayor ATTEST: ERICA N. YASUDA City Clerk Ordinance No. 1536 Ordinance No. 1536 Page 15 STATE OF CALIFORNIA ) COUNTY OF ORANGE ) ss. CITY OF TUSTIN ) CERTIFICATION FOR ORDINANCE NO. 1536 I, 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. 1536 was duly passed, and adopted at a regular meeting of the Tustin City Council held on the _ day of March, 2024, by the following vote: COUNCILPERSONS AYES: COUNCILPERSONS NOES: COUNCILPERSONS ABSTAINED: COUNCILPERSONS ABSENT: ERICA N. YASUDA City Clerk Published: Ordinance No. 1536