The URL can be used to link to this page

Home My WebLink AboutPC RES 4505 Docusign Envelope ID: FAFD9752-528B-486E-86F3-93F564B60005 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 request for a public hearing, 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. Docusign Envelope ID: FAFD9752-528B-486E-86F3-93F564B60005 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 8t" day of October 2024. Signed by: D148F261EF34A4... ERIC HIGUCHI Chairperson ESigned by: wS�" bi WiIjOWt ED45DA2623B54A6... JUSTINA L. WILLKOM Planning Commission Secretary APPROVE AS TO FORM: Signed by: EhA t.t�.at,�,, VAUA 343ADCC695E9466... MICHAEL DAUDT Assistant City Attorney Exhibit A: Draft Ordinance No. 1556 Docusign Envelope ID: FAFD9752-528B-486E-86F3-93F564B60005 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: Douthit, Higuchi, Kozak, Mason. Mello (5) PLANNING COMMISSIONER NOES: PLANNING COMMISSIONER ABSTAINED: PLANNING COMMISSIONER ABSENT: ESigned by: wS�" bi W(IjOWt ED45DA2623B54M... JUSTINA L. WILLKOM Planning Commission Secretary Docusign Envelope ID: FAFD9752-528B-486E-86F3-93F564B60005 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 request for a public hearing, 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 Docusign Envelope ID: FAFD9752-528B-486E-86F3-93F564B60005 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) P'r amted 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. Soo! Femediiatie;-aG iCivitIes, subject to the same fiRdiRgs-as roi. . 1 fee a ^^nrlitiGRal use peFmit 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. T",�g n' stFatA1h"ll make a deter�atiOR that r,rer,esed pFeje^ 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. Ordinance No. 1556 Docusign Envelope ID: FAFD9752-528B-486E-86F3-93F564B60005 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, ukJpon 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. Adds Ral n� a as Spe-Gifi ey FRFn Rt (`ede Con R 65091 r-cuart♦�rrar-rrvt+ t�-�a��p ccrrr - errn-rT cct♦�rr-vvv�r magi be r etG GGmr�l y wi��,h__G �S+ f the `ali a �Ty,�rI ��y # �eq-u+r= ERVi�neRtaI Quality An+ I R the-eyelA� Of - r�flin� betweeR Feq �iFed *' �rccr-irr cvc-n-r-v-rcr�rn-rrc�accvcccrrrcc�-arrccr RGt+�gtmes,theIeF time shall he itiio 1. 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 request for a hearing 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 request for a hearing 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 Docusign Envelope ID: FAFD9752-528B-486E-86F3-93F564B60005 Ordinance No. 1556 Page 4 SECTION 6. 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 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 Docusign Envelope ID: FAFD9752-528B-486E-86F3-93F564B60005 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 , 20247 by the following vote: COUNCILPERSONS AYES: COUNCILPERSONS NOES: COUNCILPERSONS ABSTAINED: COUNCILPERSONS ABSENT: ERICA N. YASUDA City Clerk Published: Ordinance No. 1556