HomeMy WebLinkAbout04 CODE STREAMLINING AND IMPROVEMENT PROGRAM Docusign Envelope ID:21637B62-3837-4869-A2EF-BF606EF47B19
� , AGENDA REPORT ITEM 94
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MEETING DATE: OCTOBER 8, 2024
TO: PLANNING COMMISSION
FROM: COMMUNITY DEVELOPMENT DEPARTMENT
SUBJECT: CODE AMENDMENT 2024-0005 (ORDINANCE NO. 1556) —
(CODE STREAMLINING AND IMPROVEMENT PROGRAM)
SUMMARY
This Project is a City-initiated request to amend Section 9299 of Part 9 (Administration) of
Chapter 2 (Zoning) of Article 9 (Land Use) of the Tustin City Code (TCC), which pertains to
the procedures of the Zoning Administrator.
The City's Strategic Plan identifies the streamlining of development projects as one of its
goals. The Community Development Department implements the Strategic Plan through a
Code Streamlining and Improvement Program ("Streamline Tustin"), which continuously
assesses the Zoning Code and proposes revisions to make the Zoning Code more
efficient, provide more clarity, or reflect current trends.
CA 2024-0005 proposes several changes:
(1) It streamlines the entitlement process for proposals that involve alcohol beverage
sales. The proposed changes are intended to maintain opportunities for the public
to voice opposition to a Conditional Use Permit (CUP) for alcohol sales, while
simultaneously shortening the approval process for projects where there is no
opposition.
(2) The amendment proposes to eliminate the City's role in reviewing and approving
soil remediation projects. The City receives very few of these requests and other
agencies such as California Department of Substance Control (DTSC investigates,
issues permits and monitor contaminated sites.
(3) It adds language to clarify that not all murals are painted, as current technology
and trends provide the opportunity for other media, including video displays, 3-D
modeling, laser etching and vinyl wraps.
(4) The update eliminates duplicate text and clarifies minor ambiguities.
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Planning Commission Staff Report
Code Amendment 2024-0005
October 8, 2024
Page 2
RECOMMENDATION
That the Planning Commission adopt Resolution No. 4505, recommending that the City
Council adopt Ordinance No. 1556, amending Section 9299 of Part 9 (Administration) of
Chapter 2 (Zoning)of Article 9 (Land Use)of the TCC, thereby implementing the Streamline
Tustin Program to reduce the Zoning Administrator timelines for approving alcoholic
beverages sales establishments when there is no public opposition, remove the
requirement for Zoning Administrator approval of soil remediation projects, clarify
language regarding murals, and eliminate duplicated text and provide clarity.
APPROVAL AUTHORITY
TCC Section 9295f authorizes the Planning Commission to make a recommendation to the
City Council on a proposed Code Amendment. Such an amendment may be initiated by
the City in accordance with TCC Section 9295. If approved, the Ordinance would go into
effect thirty (30) days following adoption by the Tustin City Council.
DISCUSSION
The goal of Streamline Tustin is to implement changes to the TCC that make the
development's review process more efficient, provide more clarity, and/or modernize the
TCC. Proposed CA 2024-0005 is intended to streamline the application review process
for businesses that wish to sell alcohol beverages, revise typographical errors in the TCC,
clarify ambiguity, remove unnecessary processes, and bring parts of the TCC up-to-date.
The following summarizes each of the proposed amendments.
Typographical Errors
During Staff's analysis, various minor typographical errors were identified. Correcting
these errors improves clarity and reduces ambiguity. The revisions are reflected in Exhibit
A.
Clarifications
The Zoning Administrator has the authority to approve, by CUP, painted wall signs that
include murals or graphics. However, in recent years, new technology has been
introduced that does not require the use of traditional materials, such as paint. For
instance, current technology allows for murals and graphics to be created using video
and light displays, 3-D modeling, laser etching or vinyl wraps. The proposed amendment
clarifies that the Zoning Administrator can consider murals or graphics that are painted or
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Planning Commission Staff Report
Code Amendment 2024-0005
October 8, 2024
Page 3
composed of other material deemed appropriate, provided the mural or graphic depicts a
scene or image that does not promote a product or business.
Alcoholic Beverages Sales Establishments Process Streamlining
To reduce the processing times and improve the customer experience, staff proposes to
amend the Zoning Administrator review process for CUP applications related to alcoholic
beverage sales establishments.
Currently, staff processes alcoholic beverage CUP requests by scheduling a public
hearing before the Zoning Administrator after an application is deemed complete. The
CUP process typically takes two to three months, depending on the applicant's
responsiveness to initial comments regarding the plans they submit. However, a
significant amount of time attributed to the process is public notification, preparation of a
staff report, and scheduling a public hearing.
To streamline the process, staff proposes that after the project is deemed complete the
City would post and mail public notices consistent with Government Code Section 65091
stating that the Zoning Administrator will consider the CUP request for alcohol beverage
sales establishments. If an objection is not received within 10 days from the date of the
public notice, then the CUP could be conditionally approved. If an objection is received
within 10 days, a hearing would be scheduled before the Zoning Administrator. Staff
believes this process is appropriate because conditions of approval for alcoholic beverage
sales mitigates potential impacts to surrounding areas; and the City rarely receives
opposition to alcohol related applications. Staff anticipates that the proposed amendment
will reduce the approval timeline by approximately one month.
Additionally, it should be noted that the TCC currently authorizes the Zoning Administrator
to forward CUP requests to the Planning Commission for their review, if the Zoning
Administrator deems it appropriate. Staff is not recommending any change in this regard.
Soil Remediation Activities Streamlining
The TCC currently requires that the Zoning Administrator review and approve a CUP for
soil remediation activities. Soil remediation activities fall under legal authority of other
agencies, such as the DTSC, the State Water Resources Control Board, and the Orange
County Health Care Agency (OCHCA).
Historically, when the City reviews soil remediation CUPs, there are few conditions of
approval, if any. Furthermore, potential "impacts" associated with a soil remediation
project are already covered by the existing TCC, as a remediation program would need
to comply with the City's noise ordinance, maintain a safe line-of-sight at driveway aprons,
not emit noxious odors, etc. To reduce unnecessary regulatory barriers, staff
recommends removing the CUP requirement for soil remediation activities. The City's
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Planning Commission Staff Report
Code Amendment 2024-0005
October 8, 2024
Page 4
Public Works staff was consulted on this proposed Code Amendment, and has no
concerns.
Consistency with the Tustin General Plan
The proposed CA 2024-0005 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 September 19, 2024,
informing the public of the Planning Commission public hearing for proposed CA 2024-
0005. In addition, the public notice was posted at Tustin City Hall, the Tustin Library, and
the Tustin Area Senior Center.
ENVIRONMENTAL ANALYSIS
The proposed CA 2024-0005 is not subject to the California Environmental Quality Act
("CEQX-1 Cal. Pub. Resources Code Section 21000 et seq.) pursuant to Section
15061(b)(3) of the State CEQA Guidelines (Cal. Code of Regs., title 14, Section 15000 et
seq.) because it can be seen with certainty that there is no possibility that the activity in
question may have a significant effect on the environment.
CONCLUSION
The proposed CA 2024-0005 would be consistent with the City's General Plan and will
implement the City's Strategic Plan goal by streamlining development processes. Staff
recommends that the Planning Commission adopt Resolution No. 4505, recommending
that the Tustin City Council adopt Ordinance No. 1556, amending Section 9299 of Part 9
(Administration) of Chapter 2 (Zoning) of Article 9 (Land Use) of the TCC, thereby
implementing the Streamline Tustin Program.
Attachments:
A. Resolution No. 4505
0 Exhibit A— Draft Ordinance No. 1556
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Planning Commission Staff Report
Code Amendment 2024-0005
October 8, 2024
Page 5
Prepared by:
Signed by:
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Raymond Barragan, Principal Planner
Approved by:
Signed by:
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Jay Eastman, Assistant Director- Planning
Approved by:
ESigned by:
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Justina L. Willkom, Community Development Director
RESOLUTION NO. 4505
A RESOLUTION OF THE PLANNING COMMISSION OF
THE CITY OF TUSTIN, CALIFORNIA, RECOMMENDING
THAT THE CITY COUNCIL ADOPT ORDINANCE NO. 1556,
AMENDING SECTION 9299 OF PART 9 (ADMINISTRATION)
OF CHAPTER 2 (ZONING) OF ARTICLE 9 (LAND USE) OF
THE TUSTIN CITY CODE (CODE AMENDMENT 2024-0005)
TO IMPLEMENT THE STREAMLINE TUSTIN PROGRAM
The Planning Commission does hereby resolve as follows:
I. The Planning Commission finds and determines as follows:
A. That Section 9299 of Part 9 (Administration) of Chapter 2 (Zoning) of Article 9
(Land Use) of the Tustin City Code (TCC) establishes the authority of the
Zoning Administrator to approve, conditionally approve or deny requests
when such requests constitute a reasonable use of property not permissible
under a strict literal interpretation of the regulations.
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 CA 2024-0005 proposes the following changes to TCC: reduction on the
zoning administrator timelines for approving alcoholic beverages sales
establishments when there is no public opposition, eliminate the conditional
use permit requirement for soil remediation project, clarify that mural can
utilize other current technology such as laser etching, video displays, 3-d
modeling, vinyl wraps, and minor typography clean up.
D. That on October 8, 2024, a public hearing was duly noticed, called, and held
by the Planning Commission on Code Amendment (CA) 2024-0005 relating
to Code Streamlining and Improvement Program.
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.
Resolution No. 4505
Page 2
Policy 2.2: Maintain consistency between the Land Use Element, Zoning
Ordinances, and other City ordinances, regulations and standards.
G. The Planning Commission finds that the proposed code amendment is not
subject to the California Environmental Quality Act ("CEQA"; Cal. Pub.
Resources Code Section 21000 et seq.) pursuant to Section 15061(b)(3) of
the State CEQA Guidelines (Cal. Code of Regs., Title 14, Section 15000 et
seq.) because it can be seen with certainty that there is no possibility that the
activity in question may have a significant effect on the environment.
II. The Planning Commission hereby recommends that the City Council adopt
Ordinance No. 1556, amending Section 9299 of Part 9 (Administration) of Chapter
2 (Zoning) of Article 9 (Land Use) of the TCC (Code Amendment 2024-0005)
relating to the Code Streamlining and Improvement Program to provide clarity,
consistency of terms and definitions, attached hereto as Exhibit A.
PASSED AND ADOPTED at a regular meeting of the Planning Commission of the City of
Tustin held on the 8th day of October 2024.
ERIC HIGUCHI
Chairperson
JUSTINA L. WILLKOM
Planning Commission Secretary
APPROVE AS TO FORM:
MICHAEL DAUDT
Assistant City Attorney
Exhibit A: Draft Ordinance No. 1556
Resolution No. 4505
Page 3
STATE OF CALIFORNIA )
COUNTY OF ORANGE )
CITY OF TUSTIN )
I, Justina L. Willkom, the undersigned, hereby certify that I am the Planning Commission
Secretary of the City of Tustin, California; that Resolution No. 4505 was passed and adopted
at a regular meeting of the Tustin Planning Commission, held on the 8th day of October
2024.
PLANNING COMMISSIONER AYES:
PLANNING COMMISSIONER NOES:
PLANNING COMMISSIONER ABSTAINED:
PLANNING COMMISSIONER ABSENT:
JUSTINA L. WILLKOM
Planning Commission Secretary
DRAFT ORDINANCE NO. 1556
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
TUSTIN, CALIFORNIA, AMENDING SECTION 9299 OF
PART 9 (ADMINISTRATION) OF CHAPTER 2 (ZONING) OF
ARTICLE 9 (LAND USE) OF THE TUSTIN CITY CODE,
CODE AMENDMENT (CA) 2024-0005 TO IMPLEMENT THE
STREAMLINE TUSTIN PROGRAM.
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 Section 9299 of Part 9 (Administration) of Chapter 2 (Zoning) of Article 9
(Land Use) of the Tustin City Code (TCC) establishes the authority of the
Zoning Administrator to approve, conditionally approve or deny requests
when such requests constitute a reasonable use of property not permissible
under a strict literal interpretation of the regulations.
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 CA 2024-0005 proposes the following changes to TCC: reduction on the
zoning administrator timelines for approving alcoholic beverages sales
establishments when there is no public opposition, eliminate the conditional
use permit requirement for soil remediation project, clarify that mural can
utilize other current technology such as laser etching, video displays, 3-d
modeling, vinyl wraps, and minor typography clean up.
D. That on October 8, 2024, a public hearing was duly noticed, called, and held
by the Planning Commission on Code Amendment (CA) 2024-0005 relating
to Code Streamlining and Improvement Program.
E. That on , 2024, a public hearing was duly noticed, called and held
by the City Council on CA 2024-0005 relating to Code Streamlining and
Improvement Program.
F. 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.
1378023.4
Ordinance No. 1556
Page 2
G. 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.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF TUSTIN, CALIFORNIA,
DOES HEREBY ORDAIN AS FOLLOWS:
SECTION 2. Section 9299(b)(3) of Part 9 of Chapter 2 of Article 9 of the TCC hereby
amends subsections (k) to read as follows (new text underlined; deleted text in strikeout):
(k) Raiete� Wall signs to include murals or graphics that are painted or made
of other material deemed appropriate by the Zoning Administrator and
which do not promote a product or business. but rather depicts a scene or
image.
SECTION 3. Section 9299(b)(4) of Part 9 of Chapter 2 of Article 9 of the TCC hereby
amends subsections (a) to read as follows (new text underlined; deleted text in strikeout):
(a) Reserved. Oren} iatie;-ar-n-tivit;es, subj8Gt-t9 thf-9 vc rAo fiRdiRgs aa-
Io%I iiIoA fnr 7 G-9Rditinnal use permit.
SECTION 4. Section 9299(b)(4) of Part 9 of Chapter 2 of Article 9 of the TCC hereby
amends subsections (e) to read as follows (deleted text in strikeout):
(e) Reduction of nonresidential 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 7„r,ir,rr
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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.
Ordinance No. 1556
Ordinance No. 1556
Page 3
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.
SECTION 5. Section 9299(c)(2) of Part 9 of Chapter 2 of Article 9 of the TCC is hereby
amended to read as follows (new text underlined; deleted text in strikeout):
(2) Public Hearing and Noticing Requirements.
(a) For applications other than Alcoholic beverage sales establishments,
uUpon determination that an application is complete, the Community
Development Department shall schedule the matter for consideration by
the Zoning Administrator. If a public hearing is required for the type of
application considered, notice of such public hearing shall be given
pursuant to Government Code Section 65091 . Minor adjustments shall be
considered by the Zoning Administrator without a public hearing.
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For Alcoholic beverage sales establishments, upon determination that an
application is complete, the Community Development Department shall
provide a notice of the Zoning Administrator's pending decision to approve
or deny the application, pursuant to Government Code Section 65091. If no
public objection is received by the Community Development Department
within ten (10) days of the date of the notice, the application may be
approved by the Zoning Administrator without a public hearing. If the Zoning
Administrator intends to deny the request, or a public objection is received
within ten (10) days of the date of the notice, then the Community
Development Department shall schedule the matter for a public hearing
before the Zoning Administrator. Pursuant to Section 9299b, the Zoning
Administrator may forward an application for alcoholic beverage sales to the
Planning Commission for consideration and action.
(c) Additional noticing time as specified in Government Code Section 65091
may be required to comply with noticing requirements of the California
Environmental Quality Act. In the event of a conflict between required
noticing times, the longer time shall be given.
Ordinance No. 1556
Ordinance No. 1556
Page 4
SECTION 6. 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 7. 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
with certainty that there is no possibility that the activity in question may have a significant
effect on the environment.
SECTION 8. 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
Ordinance No. 1556
Ordinance No. 1556
Page 5
STATE OF CALIFORNIA )
COUNTY OF ORANGE ) ss.
CITY OF TUSTIN )
CERTIFICATION FOR ORDINANCE NO. 1556
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. 1556 was duly
passed, and adopted at a regular meeting of the Tustin City Council held on the _ day
of , 2024, by the following vote:
COUNCILPERSONS AYES:
COUNCILPERSONS NOES:
COUNCILPERSONS ABSTAINED:
COUNCILPERSONS ABSENT:
ERICA N. YASUDA
City Clerk
Published:
Ordinance No. 1556