HomeMy WebLinkAbout04 SECOND READING OF ORDINANCE NO.1536 (CODE STREAMLINING AND IMPROVEMENT PROGRAM)DocuSign Envelope ID: 13A3210E-57C9-4C98-89FD-81FA6EA8B41C
AGENDA REPORT
�sot,"
MEETING DATE
TO
FROM
APRIL 16, 2024
NICOLE BERNARD, ACTING CITY MANAGER
ERICA N. YASUDA, CITY CLERK
Agenda Item 4
Reviewed: DS
?ZB
City Manager
Finance Director N/A
SUBJECT: SECOND READING AND ADOPTION OF ORDINANCE NO. 1536 - CODE
AMENDMENT 2024-0002 (CODE STREAMLINING AND IMPROVEMENT
PROGRAM)
SUMMARY:
Adoption of Ordinance No. 1536 amends Tustin City Code (TCC) Article 9 (Land Use) as
part of the Community Development Department's Code Streamlining and Improvement
Program. The proposed Code Amendment also streamlines the entitlement process in
order to increase effectiveness and efficiency.
RECOMMENDATION: That the City Council have second reading by title only and
adoption of Ordinance No. 1536.
BACKGROUND:
On April 2, 2024, the City Council had first reading by title only of Ordinance No. 1536.
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.
Attachment:
1. Ordinance No. 1536
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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
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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:
(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:
(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
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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:
(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:
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:
(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 9271 dd(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:
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:
(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:
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 :
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.
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:
(3) A minor wireless communication facility may be established or modified
within any City of Tustin residential zoning district on property that contains any
Ordinance No. 1536
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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:
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 :
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.
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:
(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
Ordinance No. 1536
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(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:
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 deleted.
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:
(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).
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:
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
Ordinance No. 1536
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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:
"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:
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)
Ordinance No. 1536
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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:
(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:
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:
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:
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:
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:
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
Ordinance No. 1536
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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:
9408 Commercial Districts
Class
Type of
Permit
Maximum
Maximum
Maximum
Location
Illumination
Remarks
Sign
Required
Sign Area
Number
Height (in
Allowed
ins . ft.
feet
B. Individual
2. Wall or
Yes
Primary
One
6
Primary:
Yes
a. For the
Business
Canopy
wall: 15%
primary
Front wall
purpose of
identification
of
or canopy
business
(not located
storefront
area and
identification
within a
area; or 75
below roof
only.
center)
sq. ft.;
eave.
b. Secondary
Whichever
signs shall
is less
face onto a
street,
parking area,
or service
road.
c. Maximum
of one
secondary
sign per
building face.
d. The
amount of
signage
permitted on
Secondary
Two
Secondary:
Yes
the primary
wall: 5% of
Secondary
Side wall or
wall may be
side or
other non-
switched with
rear wall
primary wall
the signage
area, or 25
and below
on a
sq. ft.;
roof eave.
secondary
Whichever
wall provided
is less
the
Community
Development
Department
determines
that the
secondary
wall would
be more
visible to a
street or
parking area
and would
not have a
negative
impact on
surrounding
land uses.
Ordinance No. 1536
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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:
9408 Commercial Districts
Class
Type of
Permit
Maximum
Maximum
Maximum
Location
Illumination
Remarks
Sign
Required
Sign Area
Number
Height (in
Allowed
ins . ft.
feet
C. Individual
2. Wall or
Yes
Primary
One
Height of
Primary:
Yes
a. for the
business
canopy
wall: 15%
primary
Window
front wall or
purpose of
identification
of
canopy
business
(within a
storefront
area below
identification
center)
area or 75
and roof
only.
sq. ft.;
eave
Secondary
Whichever
signs shall
is less
face onto a
street,
parking area,
or service
road.
c. Maximum
of one
secondary
sign per
building face.
d. The
amount of
signage
permitted on
Secondary
Two
Secondary:
Yes
wall: 5% of
secondary
side wall or
the primary
side or
other non-
wall may be
rear wall
primary wall
switched with
area or 25
and below
the signage
sq. ft.;
roof eave
on a
Whichever
secondary
is less
wall provided
the
Community
Development
Department
determines
that the
secondary
wall would be
more visible
to a street or
parking area
and would
not have a
negative
impact on
surrounding
land uses.
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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:
9408 Commercial Districts
Class
Type of
Permit
Maximum
Maximum
Maximum
Location
Illumination
Remarks
Sign
Required
Sign Area
Number
Height (in
Allowed
ins . ft.
feet
F. Gasoline
b. Wall or
Yes
Primary
One
6
Primary:
Yes
a. For
Service
canopy
wall: 15%
primary
Front wall
purposes of
of
or canopy
identification
1. Business
storefront
area and
only.
identification
area or 75
below roof
b. Secondary
sq. ft.;
eave.
signs shall
Whichever
face onto
is less
street,
parking area,
or service
road.
c. Maximum
one
secondary
sign per
building face.
d. The
amount of
signage
permitted on
Secondary
Two
Secondary:
Yes
the primary
wall: 5% of
Secondary
Side wall or
wall may be
side or
other non-
switched with
rear wall
primary wall
the signage
area or 25
and below
on a
sq. ft.;
roof eave
secondary
Whichever
wall provided
is less
the
Community
Development
Department
determines
that the
secondary
wall would be
more visible
to a street or
parking area
and would
not have a
negative
impact on
surrounding
land uses.
SECTION 31. Effective Date. This Ordinance shall take effect on the 31 st day after its
adoption. The City Clerk or his or her duly appointed deputy shall certify to the adoption
of the Ordinance and cause this Ordinance to be published as required by law.
SECTION 32. CEQA Exemption. The City Council finds that the proposed Ordinance is
not subject to the California Environmental Quality Act ("CEQA"; Cal. Pub. Resources
Code Section 21000 et seq.) pursuant to Section 15061(b)(3) of the State CEQA
Ordinance No. 1536
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Guidelines (Cal. Code of Regs., Title 14, Section 15000 et seq.) because it can be seen
with certainty that there is no possibility that the activity in question may have a
significant effect on the environment.
SECTION 33. Severability. If any section, sub -section, clause or phrase in this Ordinance
is for any reason held out to be invalid or unconstitutional by the decision of any court of
competent jurisdiction, such decision shall not affect the validity of the remaining portions
of this Ordinance. The City Council of the City of Tustin hereby declares that it would
have adopted this Ordinance and each section, subsection, clause, phrase or portion
thereof irrespective of the fact that any one or more sections, subsections, sentences,
clauses, phrases, or portions be declared invalid or unconstitutional.
PASSED AND ADOPTED, at a regular meeting of the City Council of the City of Tustin
on this 16t" day of April, 2024.
AUSTIN LUMBARD,
Mayor
ATTEST:
ERICA N. YASUDA,
City Clerk
APPROVED AS TO FORM:
F
cuSigned by:
Z'179
DA E?7KETgDIG,
City Attorney
Ordinance No. 1536
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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
and regularly introduced and read by title only at the regular meeting of the City Council
held on the 2nd day of April, 2024, and was given its second reading, passed and adopted
at a regular meeting of the City Council held on the 16t" day of April, 2024, by the following
vote:
COUNCILMEMBER AYES:
COUNCILMEMBER NOES:
COUNCILMEMBER ABSTAINED:
COUNCILMEMBER ABSENT:
COUNCILMEMBER RECUSED:
ERICA N. YASUDA,
City Clerk
Ordinance No. 1536
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