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propose amendments to sections that lack clarity, are outdated, or do not respond to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
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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.
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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:
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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")
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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.
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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
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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
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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
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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
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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
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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
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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
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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
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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
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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
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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
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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
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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
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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
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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
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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
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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
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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
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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
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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
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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
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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
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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
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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
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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