HomeMy WebLinkAboutPC RES 4471 RESOLUTION NO. 4471
E 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:
1. 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.
Resdution No. 4471
Page 2
F. The Planning Commission finds that the proposed code amendment is not
subject to the California Environmental Quality Act ("CEQX 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,
11. 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 27th day of February 2024.
1�06
STEVE KOZAW
Chairperson
JUSt)NA L. WILLKOM
Planning Commission Secretary
APPROVE AS TO FORM-
MICHAEL DA'Lf[5T
Assistant City Attorney
Exhibit A: Draft Ordinance No. 1536
Resolution No. 4471
Page 3
STATE OF CALIFORNIA
COUNTY OF ORANGE
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. 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: Douthit, Higuchi, Kozak, Mason
PLANNING COMMISSIONER NOES: Mello
PLANNING COMMISSIONER ABSTAINED:
PLANNING COMMISSIONER ABSENT:
/b
JUq1WA L. WILLIKOM
Planning Commission Secretary
DRAFT ORDINANCE NO. 1636
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.
1379023.4
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):
L@q 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
Citya� 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 requestingpayment of the Parkin
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):
jg� 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 9252(j)(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 b
depositing with the City a Parking Exception Fee to be used for public
parking accommodation within the area. The amount of the Parkin
Exception Fee shall be determined by Fee Resolution of the City Council
and the project shall meet the findings set forth in Section 929f,b)(4)(e).
Development prop
Plan may satisfy all or a nnFti, of the required number of en site parking
spaaGesr th��orlhthe payment of a fee, in an amount determined by Fee
Resolution of the City I
upon a deteFminatien of the Planning AgenGy
that the proposed nroieGt (meets thL1 1 e4ollowing finding
l+liLV
. The proposed
the_commercial_dictriGt of Old Totem
7 That the proposed pro ect is considered to be relatively small
L. That IUL the NI VL/VVVu �..+I V
3. That the proposed projeGt has incorporated building eF site desigi4
enhanGe-ments that make it an Gutstanding addition to Old Town Tustin.
4. That the proposed pFojeot provides some en site
but
1
aesthetinally S Perior to one that provided all_r_eq sid parking e 1te-+i
u re n ,
5. That the pFojeGt appliGaRt shall agree to pay an ann al lee fE I
spaG'e-not PFOvideden 6te On an amount determin-Lby Fee. Resolution of
the City (col moil
F That the proposed nrejent is eonsistent with the GeneFal Plan
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 and up to"within one (1) year period
_
require Community Development Director approval.
3. Requests for a temporary use exceeding a period of more than 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 Zonincl
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 accessary to ap ermitted 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 Planning GernmissioR 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 non conformities. (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 Planning Commission 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. I -eond+tiona1, use pennn a--variancee4&-mgt*ed;he
y--shafl-rn--be- defe ed-4o-4he—Planning Ge pi ston 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 Planning Commission 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 Planning G innirv, 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 Planning Commission
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 underlined):
{�} Conformation that the property is the primary residenGe of the applioant
being requested; and
(e)kd) 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
(f)Le� 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 applinent_shall submit a it filing foe
UNIIII N
no fee shall be re aired
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):
L_..J
Ordinance No. 1536
Ordinance No. 1536
Page 7
arnmedataon is being requested shall be in complianGe with the des and
"ulatlens existing at t me of application submittal. The appreval body may
wave this if the nonGornplianGe is unFelated to the requested
Feasena to onnommodatinn The granting of—my-n»iver shall
From requiring norrontir.n n f-�n l n♦innn to nonfnrrvm to all nnnlinable
nodes and regulations
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):
(a) The housing, whieh is the subjeGt Gf the FeqUeSt for reasonable
accommodation, will be eGGupied as the primaFy residenGe by an individual
with disability;
La {#} The requested accommodation is necessary to make housing available to
an individual with disabilities protected under the fair housing laws;
�0{-c} The requested accommodation would not impose an undue financial
burden on the City; (Ord. No. 1524, Sec. 58, 8-16-22)
Lc)(* 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)
{ } 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):
7 Other Requirements
An approved reasonable aGeommodation is a peFsonal accommodation for the
disabled
or f7_�,he individual with a disability r... Ionn:Jer resides of the property, the nropert
F' �
shall be Festered e its previous c hl"�'�on. Hvv evnr� Gemmunif..
Devolonmant Di1 eC++or ine that mini ilr�l hi- imnron�inol Ar finAnnmPilunfeasible to retuFR the propeFty to- its previous condition-.
�i
Upon any transfer Of GWReFship of the prepei4y, the permittee GF GUFFent ow
shall notify all interested parties of the e:-istenae Of the reasonable
Ordinance No. 1536
Ordinance No. 1536
Page 8
a000mmodatmon and the requirement of restWation of the propeFty to its prior
condition. Any request to maintain an existing reas--.-ble accomrnoda#en-fo-r
ne w
approved at the request of a devetoper er provider of housing for individual
with disabilities does_not need fry �e renewed upon 4r�nofor .,f owner-ship
�-IIVl need �V
provided the property will continue to be us and oGGup'ed by per-sons with
the disability or disabilities giving rise t he need fOF the reasona
aGGOmmodation. The Fea onnhle aeee'eti'modation Fnay"be inspe crud nnnl all!e
approval,oF mere often qf neGessary by t Community Development Depa,rt.M,ent. 14
deed restr' on shall be FeGorded again&Mhe property to ensure I ..
with Gendiflons of otential removal of the >
and use
re strictgonn
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): J
Ordinance No. 1536
Ordinance No. 1536
Page 9
"Instructional Studios" means an establishment that offers services with the
pose 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 cheerleadina
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 Dire6ter-of 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 antennsn 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 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 Commission Zoning
JJkVkI
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 Planning GernmissioR 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 Planning-G^mmissiv^
Zoning Administrator. Prior to approval, the GGirnminnien 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 dal City Code and
shall be reviewed by the Planning Gernmission Zoning Administrator. In approving
such flags or banner signs, the Gommission 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
ins .ft, feet
L
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) ma"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. I536
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 ap and roof only.
te-a-max: eave Secondary
of 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;or up and below the signage
te-a-rnax-. roof eave on a
of 25 sq. secondary
ft.; wall provided
the
Whichever
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.
J
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.Wali 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 up and below on a
to a ax. roof eave secondary
of 25 sq, wall provided
ft.; the
Whichever Community
is less Deveiopment
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. CE_QA 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 r
with certainty that there is no possibility that the activity in question may have a
significant effect on the environment,
SECTION 33. Severabilit . 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