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HomeMy WebLinkAbout08 CODE AMENDMENT 2024-0002 (ORDINANCE NO. 1536)-(CODE STREAMLINING AND IMPROVEMENT PROGRAM)DocuSign Envelope ID: 95D788E0-2431-481B-8D8F-46BB1CA5B447 0 AGENDA REPORT s� MEETING DATE: TO: FROM: SUBJECT: SUMMARY: APRIL 2, 2024 NICOLE BERNARD, ACTING CITY MANAGER COMMUNITY DEVELOPMENT DEPARTMENT Agenda Item Reviewed: City Manager Finance Director E N/A CODE AMENDMENT 2024-0002 (ORDINANCE NO. 1536) — (CODE STREAMLINING AND IMPROVEMENT PROGRAM) The City's Strategic Plan identifies development streamlining as one of its goals. The proposed Code Amendment (CA) 2024-0002 is a City -initiated request to amend Tustin City Code (TCC) Article 9 (Land Use) as part of the Community Development Department's Code Streamlining and Improvement Program. The goal of the Code Streamlining and Improvement Program is to evaluate the City's land use code and propose amendments to sections that lack clarity, are outdated, or do not respond to current market trends.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 also streamlines the entitlement process in order to 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 when appropriate in the future. On February 27, 2024, the Planning Commission adopted Resolution 4471 (Attachment A), recommending that the City Council adopt Ordinance No. 1536, approving CA 2024- 0002. The Planning Commission Minutes are provided as Attachment B for reference. RECOMMENDATION: That the City Council introduce and have a first reading, by title only, of Ordinance No. 1536, amending various sections of Article 9 (Land Use) of the TCC relating to the Code Streamlining and Improvement Program to provide clarity, consistency of terms and definitions, and compliance with State law. FISCAL IMPACT: No impacts to the General Fund are anticipated. CORRELATION TO THE STRATEGIC PLAN: This action correlates to the City's Strategic Plan Goal E for Organizational Excellence and Customer Service: Strategy 3 which is to conduct a review of the development DocuSign Envelope ID: 95D788E0-2431-48113-81D81`4613131CA5B447 Code Amendment 2024-0002 April 2, 2024 Page 2 approval process to identify streamlining opportunities and implement a plan of improvement. APPROVAL AUTHORITY: The TCC 9295g authorizes the City Council to adopt zoning code amendments following a recommendation by the Planning Commission and a public hearing. BACKGROUND: The goal of the Code Streamlining and Improvement Program is to implement changes to the TCC in order to streamline development review processes. Proposed CA 2024- 0002 also corrects typographical errors, inconsistencies and outdated references to State laws. To achieve these objectives, various code sections are proposed to be added, deleted or amended, and a summary of the proposed amendment is included in Attachment C. 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 March 21, 2024, informing the public of the City Council 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 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. DocuSign Envelope ID: 95D788E0-2431-481B-8D8F-46BB1CA5B447 Code Amendment 2024-0002 April 2, 2024 Page 3 CONCLUSION: The proposed CA 2024-0002 would be consistent with the City's General Plan and will implement the City's Strategic Plan goal to streamline development processes. Staff recommends that the City Council introduce and conduct a first reading, by title only, of Ordinance No. 1536 (Attachments D & E), amending various sections of Article 9 (Land Use) of the TCC relating to the Code Streamlining and Improvement Program to provide clarity, consistency of terms and definitions, and compliance with State law and set the second reading for the next regularly scheduled City Council meeting. DocuSigned by: B2E5D04D1732476... Jose Jara Assistant Planner DocuSigned by: E48A67E196754OF— Raymond Barragan Principal Planner Attachments: DocuSigned by: -4. lac &ow ED45DA2623854A5... Justina L. Willkom Community Development Director A. Planning Commission Resolution No. 4471 B. Planning Commission Minutes — February 27, 2024 C. Summary of Code Amendments D. Ordinance No. 1536 ("Redlined Version") E. Ordinance No. 1536 ("Clean Version") DocuSign Envelope ID: 95D788E0-2431-481B-8D8F-46BB1CA5B447 ATTACHMENT A 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. DocuSign Envelope ID: 95D788E0-2431-481B-8D8F-46BB1CA5B447 Resolution No. 4471 Page 2 F. The Planning Commission finds that the proposed code amendment is not subject to the California Environmental Quality Act ("CEQXCal. 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 27 th day of February 2024. 1�06 STEVE KOZAW Chairperson JUSt)NA L. WILLKOM Planning Commission Secretary FTWI W W • XJ 0 US V. I Eel 11*1 I-N N I MICHAEL DA'U`DT Assistant City Attorney Exhibit A: Draft Ordinance No. 1536 DocuSign Envelope ID: 95D788E0-2431-481B-8D8F-46BB1CA5B447 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. Douth it, Higuchi, Kozak, Mason lb&J&A4,, JUq1WA L. WILLIKOM Planning Commission Secretary DocuSign Envelope ID: 95D788E0-2431-481B-8D8F-46BB1CA5B447 MINUTES COUNCIL CHAMBER & VIDEO CONFERENCE TUSTIN PLANNING COMMISSION MEETING FEBRUARY 27, 2024 7-00p.m. CALLED TO ORDER. Given. PLEDGE OF ALLEGIANCE: Commissioner Mason All present. ROLL CALL: Chair Kozak Chair Pro Tem Higuchi Commissioner Mello Commissioner Mason Commissioner Douthit PUBLIC INPUT: ATTACHMENT B Spencer and Mr. and Mrs. Jordan voiced concern with an accessory dwelling unit currently Trina Jordan under construction adjacent to his residence (address not provided). Curtis Arbiso Mr. Arbiso echoed same concerns previously mentioned by Mr. and Mrs. Jordan. He joined via Zoom. CONSENT CALENDAR: Approved the 1. APPROVAL OF MEETING MINUTES— FEBRUARY 13, 2024 Minutes of the February 13, 2024 Planning Commission meeting. RECOMMENDATION: That the Planning Commission approve the Minutes of the February 13, 2024 Planning Commission meeting, as provided. It was moved by Mason, seconded by Mello, to approve the Minutes of the February 13, 2024 Planning Commission meeting. Motion passes: 5-0. Minutes -- Planning Commission Meeting — February 27, 2024 — Page 1 DocuSign Envelope ID: 95D788E0-2431-481B-8D8F-46BB1CA5B447 PUBLIC HEARING: Continued the 2. DEVELOPMENT AGREEMENT (DA) 2024-0001 — A REQUEST TO item to the AMEND DA 2014-001 MODIFYING THE TERMS BY WHICH TUSTIN March 26, COMMUNITY CENTER AT THE MARKET PLACE IS UTILIZED. 2024 Planning Commission meeting. On February 20, 2024, the applicants submitted a request to continue the public hearing to the March 26, 2024 Planning Commission meeting. The continuance will allow additional time to refine the amendments to DA 2014-0001. RECOMMENDATION: That the Planning Commission continue the DA 2024-0001 public hearing item to the March 26, 2024 Planning Commission meeting. Hurtado Hurtado confirmed no public input received on Item No. 2. Motion; It was moved by Mello, seconded by Higuchi, to continue the item to the March 26, 2024 Planning Commission meeting. Motion carried: 5-0. AdoptedReso. 3. CODE AMENDMENT 2024-0002 (ORDINANCE NO. 1536) — (CODE No. 4471, as STREAMLINING AND IMPROVEMENT PROGRAM) presented. SUMMARY: This Project is a City -initiated request to amens[ various sections of the Tustin City Code 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). 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 Streamline Tustin to provide clarity, consistency of terms and definitions, and compliance with State law. Jara Presentation given. Minutes -- Planning Commission Meeting — February 27, 2024 — Page 2 DocuSign Envelope ID: 95D788E0-2431-481B-8D8F-46BB1CA5B447 Mello Mello requested clarification regarding the strikethroughs in the proposed ordinance pertaining to the Parking Exception Program. He also asked if items would automatically be presented to the Zoning Administrator first, then to the Planning Commission second or if the Zoning Administrator decides on whether or not the item needs to be presented to the Planning Commission. Jara Per McLLo's question, Jara stated that the proposed modification is to transfer authority on certain applications from Planning Commission to the Zoning Administrator. Willkom Willkom also added that Tustin City Code lists specific items that could be considered by the City's Zoning Administrator. Higuchi Higuchi asked the following: if the Zoning Administrator is also the Community Development Director; what type of items go before the Zoning Administrator; and, if it is necessary to have a Zoning Administrator. Willkom Willkom explained the Zoning Administrator hearing process to Higuchi. The Zoning Administrator is authorized to consider specific items listed in the Tustin City Code and to conduct public hearings. Mason Mason's questions to staff generally included: the purpose of Item No. 3; and clarification on the timing of the streamlining items. Willkom In response to Mason's questions, Willkom explained the purpose of the Streamlining Improvement Program, as well as the flexibilitywith scheduling the item, noticing, code cleanup, etc. Douthit Douthit asked Staff to explain to the public the appeal process for Zoning Administrator hearing items. SpencerJordan Mr. Jordan voiced his concerns previously mentioned during Public Input. He was also in favor of the streamlining process. 7.38p.m. Closed the public input portion of Item No. 3. Higuchi Higuchi's comments generally included: not in favor of the subjective language within the Tustin City Code; aesthetic requirements; in favor of not having to approve wireless facilities. Mello McLLo's comments generally included: concurred with Higuchi on the subjective Language; aesthetic requirements; and he was not in favor of Item No. 3. Douthit Douthit asked if the Planning Commission is allowed to participate in the Zoning Administrator appeal process for the aesthetically based projects. Minutes — Planning Commission Meeting — February 27, 2024 — Page 3 DocuSign Envelope ID: 95D788E0-2431-481B-8D8F-46BB1CA5B447 Mason Mason's closing comments generally included support of the item and concern with projects being taken away from the Planning Commission's approval process. Motion: It was moved by Higuchi, seconded by Douthit to adopt Resolution No. 4471. Motion carried 4-1_ Mello dissented. REGULAR BUSINESS: Authorized 4. 2023 GENERAL PLAN ANNUAL REPORT AND ANNUAL MITIGATION staff to MONITORING STATUS REPORT FOR FEIS/EIR FOR TUSTIN LEGACY forward the SPECIFIC PLAN GPAR and the Tustin Legacy MMRP to the City Council for consideration. The California Government Code requires that the Planning Commission provide an annual progress report to the City Council on the status of the City's General Plan and the progress in its implementation, including the progress in meeting our share of regional housing needs and efforts to remove governmental constraints to housing development, maintenance, and improvement. The City Council certified the Program Final Environmental Impact Statement/Environmental Impact Report (FEIS/EIR) for the Disposal and Reuse of MCAS Tustin along with its Supplemental and Addendums. The FEIS/EIR evaluated the environmental impacts of the reuse and disposal of MCAS-Tustin, which included the adoption of a Mitigation Monitoring and Reporting Program (MMRP) pursuant to CEQA Guidelines Section 15097. The MMRP requires annual review to ensure compliance with required mitigations. RECOMMENDATION: That the Planning Commission review and authorize staff to forward the General Plan Annual Report (GPAR) and the Tustin Legacy Annual Mitigation Monitoring Status Report to the City Council for consideration. Maldonado Presentation given. Minutes - Planning Commission Meeting - February 27, 2024 - Page 4 DocuSign Envelope ID: 95D788E0-2431-481B-8D8F-46BB1CA5B447 Higuchi Higuchi commented on the following: suggested involving the Commission in workshops for projects (i.e. former MCAS) and to consider an Ad Hoc committee to consider the future of the north and south Hangars. Mason Mason recommended the Planning Commission have more involvement with the process of projects at Tustin Legacy going forward. Kozak Kozak asked if Staff could develop more information regarding the process of projects at Tustin Legacy going forward. Willkom Willkom's response to the Commission's comments previously mentioned generally included: the Tustin Legacy development is based out of Economic Development; therefore, she will share with them the Commission's comments/concerns previously stated; and she explained, in great detail, objective design standard requirements for housing development mandated by the State. Motion: It was moved by Mason, seconded by Mello, to authorize staff to forward the GPAR and the Tustin Legacy MMRPtothe City Councilfor consideration. Motion carried: 5-0. STAFF CONCERNS: Willkom Willkom informed the Commission of the following: Intracorp project's grand opening; the City CounciUs February 22, 2024 meeting where they approved setting the value of Land for the purpose of calculating Park in -lieu fee in DCCSP; the release of the Notice of Preparation for EnderLe Center and Tustin Market Place; the upcoming Scoping Meetings for the Housing Element Re -zone projects in March; and thatthe City Council approved Ordinance 1540 (Medicinal Cannabis DeLivery). COMMISSION CONCERNS: Mello Mello attended the City's Sip n' Stroll in Old Town Tustin on February 25, 2024. He found Council Member SchneLL's mention of the value of Tustin trees at the February 22, 2024 Council meeting interesting and asked Staff if a tree Ordinance could be brought forward to the Commission. Willkom WiLLkom stated the tree ordinance policy is outside of the purview of the Planning Commission. Douthit Douthit commented on the Starbucks Drive-Thru on Irvine Boulevard. He suggested keeping in mind "vehicle only establishments" for those who do not drive. Douthit also attended the Sip n' Stroll. Minutes — Planning Commission Meeting — February 27, 2024 — Page 5 DocuSign Envelope ID: 95D788E0-2431-481B-8D8F-46BB1CA5B447 Kozak Kozak thanked his fellow Commissioners for their input on the agenda items and he thanked staff for the agenda items. 8.-Z8p.m. ADJOURNMENT: The next regular meeting of the Planning Commission is scheduled for Tuesday, March 12, 2024. STEVE KOZAK Chairperson JUSTI A L. wt',"WILLKOM Planning Commission Secretary Minutes — Planning Commission Meeting — February 27, 2024 -- Page 6 DocuSign Envelope ID: 95D788E0-2431-481B-8D8F-46BB1CA5B447 City Council CA2024-0002 ATTACHMENT C April 2, 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 Consistency requirement that an applicant provide confirmation that the property is a primary residence of the disabled person. 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 Consistency applicant provide confirmation that the property is a primary residence of the disabled person. 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 DocuSign Envelope ID: 95D788E0-2431-481B-8D8F-46BB1CA513447 City Council CA 2024-0002 April 2, 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 DocuSign Envelope ID: 95D788E0-2431-481B-8D8F-46BB1CA5B447 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 April 2, 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. Ordinance No. 1536 Page 1 of 17 DocuSign Envelope ID: 95D788E0-2431-48113-81D81`4613131CA5B447 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 Page 2 of 17 DocuSign Envelope ID: 95D788E0-2431-48113-81D81`4613131CA5B447 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). 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 within one (1) year period require Community Development Director approval. 3. Requests for a temporary use exceeding a period of one (1) year require approval of a CUP by the Zoning Administrator. 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. Ordinance No. 1536 Page 3 of 17 DocuSign Envelope ID: 95D788E0-2431-481B-8D8F-46BB1CA5B447 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 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 The following must first receive Zoning Administrator approval of a conditional use permit as established by Tustin City Code Section 9291: SECTION 10. Section 9276(e) 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 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. Ordinance No. 1536 Page 4 of 17 DocuSign Envelope ID: 95D788E0-2431-481B-8D8F-46BB1CA5B447 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 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 Zoning Administrator, as applicable, may recommend a condition of approval to the Planning Commission or the City Council, respectively, to modify existing conditions or 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 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. Ordinance No. 1536 Page 5 of 17 DocuSign Envelope ID: 95D788E0-2431-481B-8D8F-46BB1CA5B447 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): (d) 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 (e) 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, 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): 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 requested accommodation is necessary to make housing available to an individual with disabilities protected under the fair housing laws; (b) The requested accommodation would not impose an undue financial burden on the City; (Ord. No. 1524, Sec. 58, 8-16-22) (c) 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) (d) 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): 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): Ordinance No. 1536 Page 6 of 17 DocuSign Envelope ID: 95D788E0-2431-481B-8D8F-46BB1CA5B447 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): "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): Ordinance No. 1536 Page 7 of 17 DocuSign Envelope ID: 95D788E0-2431-481B-8D8F-46BB1CA5B447 d Responsibility of Enforcement It shall be the duty of the 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) 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): 1. Tivoli lights or tube lights. External displays of small decorative lights of a permanent nature require approval by the 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 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): Ordinance No. 1536 Page 8 of 17 DocuSign Envelope ID: 95D788E0-2431-481B-8D8F-46BB1CA5B447 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 Zoning Administrator. Prior to approval, the 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 City Code and shall be reviewed by the Zoning Administrator. In approving such flags or banner signs, the 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 Permi Maxim Maxim Maxim Locatio Illumina Remark Sign t um um um n tion s Requi Sign Numbe Height Allowed red Area r (in (in sq. feet) ft. B. 2. Wall Yes Primar One 6 Primary Yes a. For Individu or y wall: primar : Front the al Canopy 15% of y wall or purpose Busines storefr canopy of s ont area business identific area, and identifica ation or 75 below tion (not sq. ft.; roof only. located Which eave. b. within a ever is Seconda center) less ry signs shall face Ordinance No. 1536 Page 9 of 17 DocuSign Envelope ID: 95D788E0-2431-481B-8D8F-46BB1CA5B447 Secon Two Second Yes onto a dary Secon ary: street, wall: dary Side parking 5% of wall or area, or side or other service rear non- road. wall primary C. area, wall Maximu or 25 and m of one sq. ft.; below seconda Which roof ry sign ever is eave. per less building face. d. The amount of signage permitte d on the primary wall may be switched with the signage on a seconda ry wall provided the Commu nity Develop ment Departm ent determin es that the seconda ry wall would be more visible to a street Ordinance No. 1536 Page 10 of 17 DocuSign Envelope ID: 95D788E0-2431-481B-8D8F-46BB1CA5B447 or parking area and would not have a negative impact on surround ing land uses. Ordinance No. 1536 Page 11 of 17 DocuSign Envelope ID: 95D788E0-2431-481B-8D8F-46BB1CA5B447 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 Permi Maxim Maxim Maxim Locatio Illumina Remark Sign t um um um n tion s Requi Sign Numbe Height Allowed red Area r (in (in sq. feet) ft.) C. 2. Wall Yes Primar One Height Primary Yes a. for the Individu or y wall: primar of : front purpose al canopy 15% of y Windo wall or of busines storefr w canopy business s ont area identifica identific area or below tion ation 75 sq. and only. (within ft.; roof Seconda a Which eave ry signs center) ever is shall less face onto a street, parkingarea, Secon Two Second Yes dary second ary: or wall: ary side service road. 5% of wall or side or other C. Maximu rear non- m of one wall primary seconda area or wall ry sign 25 sq. and ft.; below per building Which roof face. ever is eave d. The less amount of signage permitte d on the primary wall may be switched Ordinance No. 1536 Page 12 of 17 DocuSign Envelope ID: 95D788E0-2431-481B-8D8F-46BB1CA5B447 with the signage on a seconda ry wall provided the Commu nity Develop ment Departm ent determin es that the seconda ry wall would be more visible to a street or parking area and would not have a negative impact on surround ing land uses. Ordinance No. 1536 Page 13 of 17 DocuSign Envelope ID: 95D788E0-2431-481B-8D8F-46BB1CA5B447 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 Permi Maxim Maxim Maxim Locatio Illumina Remark Sign t um um um n tion s Requi Sign Numbe Height Allowed red Area r (in (in sq. feet) ft.) F. b. Wall Yes Primar One 6 Primary Yes a. For Gasolin or y wall: primar : Front purpose e canopy 15% of y wall or s of Service storefr canopy identifica ont area tion 1. area or and only. Busines 75 sq. below b. s ft.; roof Seconda identific Which eave. ry signs ation ever is shall less face onto street, parking Secon Two Second Yes dary Secon ary: area, or wall: dary Side service 5% of wall or road. side or other C. rear non- Maximu wall primary m one area or wall seconda 25 sq. and ry sign ft.; below per Which roof building face. ever is eave less d. The amount of signage permitte d on the primary wall may Ordinance No. 1536 Page 14 of 17 DocuSign Envelope ID: 95D788E0-2431-481B-8D8F-46BB1CA5B447 be switched with the signage on a seconda ry wall provided the Commu n ity Develop ment Departm ent determin es that the seconda ry wall would be more visible to a street or parking area and would not have a negative impact on surround ing 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 Guidelines (Cal. Code of Regs., Title 14, Section 15000 et seq.) because it can be seen Ordinance No. 1536 Page 15 of 17 DocuSign Envelope ID: 95D788E0-2431-481B-8D8F-46BB1CA5B447 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 , 2024. AUSTIN LUMBARD, Mayor ATTEST: ERICA N. YASUDA, City Clerk APPROVED AS TO FORM: D )cuSigned by: K° FR221A2r ,. DAVID E. KENDIG, City Attorney Ordinance No. 1536 Page 16 of 17 DocuSign Envelope ID: 95D788E0-2431-481B-8D8F-46BB1CA5B447 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 , 2024, by the following vote: COUNCILMEMBER AYES: COUNCILMEMBER NOES: COUNCILMEMBER ABSTAINED: COUNCILMEMBER ABSENT: COUNCILMEMBER RECUSED: ERICA N. YASUDA, City Clerk Ordinance No. 1536 Page 17 of 17