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Home My WebLink AboutORD 1562 (2025)Docusign Envelope ID: 22B5F71A-416D-49BF-BDDC-360ED355817B ORDINANCE NO. 1562 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TUSTIN, CALIFORNIA, AMENDING VARIOUS SECTIONS OF TUSTIN CITY CODE ARTICLE NINE (LAND USE) CHAPTER 2 (ZONING) TO ESTABLISH THE OBJECTIVE DESIGN STANDARDS FOR MULTIFAMILY AND MIXED -USE RESIDENTIAL PROJECTS (CODE AMENDMENT (CA) 2024-0007) 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 on July 23, 2024, the Planning Commission conducted a workshop introducing the Objective Design Standards (ODS) for multifamily and mixed - used residential projects, in furtherance of Program 1.2a of the Housing Element Implementation Program, and solicited initial public and the Planning Commission feedback. B. That on September 10, 2024, the City released a draft ODS document for public comment, and subsequently held a second workshop on October 22, 2024, to present the draft and father additional input from the Planning Commission. C. That staff, with the assistance of PlaceWorks, Inc., has prepared a final draft of the proposed ODS incorporating feedback from the public, stakeholders, and the Planning Commission. D. That Code Amendment (CA) 2024-0007 (Ordinance No. 1562) proposes to amend Article 9 (Land Use) Chapter 2 (Zoning) of the Tustin City Code (TCC) to: Enable the City Council to establish and, as needed, update the ODS for multifamily and mixed -use residential projects via resolution, and ii. Clarify provisions allowing variable building heights for qualifying projects using ODS wherein portions of a structure can exceed the maximum height stated in the TCC if other portions of the structure are lowered proportionately. E. That the proposed amendments comply with the Tustin General Plan in that they comply with the following goal and policy: Housing Element Goal 1: Adequate Housing Supply. Program 1.2a: Amend Zoning Code to remove subjective design guidance in TCC 9272 (Design Review) and adopt objective design standards to ensure that the City can provide clear guidance on design Ordinance No. 1562 Page 1 of 5 Docusign Envelope ID: 22B5F71A-416D-49BF-BDDC-360ED355817B to streamline the development of high quality residential development; ensuring the provision of adequate private open space, parking, and use of city's private streets standards consistent with State law (SB 35). F. That on February 25, 2025, the Planning Commission adopted Resolution No. 4517, and recommended that the City Council adopt Ordinance No. 1562, approving CA 2024-0007. G. That on April 1, 2025, a public hearing was duly noticed, called, and held by the City Council on CA 2024-0007. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF TUSTIN, CALIFORNIA, DOES HEREBY ORDAIN AS FOLLOWS: SECTION 2. Section 9272 (Design Review) of Part 7 of Chapter 2 of Article 9 of the TCC is hereby amended to read as follows (new text underlined): (a) Review Required (5) Applicants may apply the Objective Design Standards (ODS) to qualifying projects in lieu of the Design Review process, subject to the ODS approved by City Council resolution in effect at the time of application. Qualifying projects include Housing Development Projects as defined in Government Code 65589.5(h)(2) for which State law requires review for compliance using only objective standards. The design and architectural elements of such projects shall be reviewed ministerially for compliance with the ODS. However, projects shall still be required to undergo a public hearing if necessary for the processing of a concurrent entitlement. In such cases, only the architectural review portion shall be processed ministerially. (i) Applicants may voluntarily opt out of using the ODS for a project, including those projects that qualify under State law for objective review; however, the project will then proceed under the City's standard Design Review process as outlined in this section, which removes the project from the provisions of the Housing Accountability Act. Ordinance No. 1562 Page 2 of 5 Docusign Envelope ID: 22B5F71A-416D-49BF-BDDC-360ED355817B SECTION 3. Table 1 of Section 9220 (Residential Site Development Standards) of Part 2 of Chapter 2 of Article 9 of the TCC is hereby amended to read as follows (new text underlined): Table 1: Primary Residential Uses Corner Minimum Lot Interior Minimum Lot Building Front Side Rear Yard Zoning Area/Per Lot Width Coverage Height ll Yard ('> Side Yard Yard Family Unit (1) (1) If front onto secondary or primary highway refer to Section 9271 u. �2> If development is located within the Cultural Resources District (CR), refer to Section 9252j for additional standards. (3) Variable buildina heiahts exceedina the maximum heiaht of the zone are allowed for qualifying projects using the Objective Design Standards (ODS), provided that other portions of the development are proportionally lowered to mitigate visual and structural impacts. Such modifications shall be subject to approval by the Communitv Development Director based on consistencv with the General Plan. SECTION 4. Effective Date. This Ordinance shall take effect on the 31st day after its adoption. The City Clerk or their duly appointed deputy shall certify to adoption of the Ordinance and cause this Ordinance to be published as required by law. SECTION 5. 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 6. Severability. If any section, subsection, sentence, clause, phrase or portion of 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. Ordinance No. 1562 Page 3 of 5 Docusign Envelope ID: 22B5F71A-416D-49BF-BDDC-360ED355817B PASSED AND ADOPTED, at a regular meeting of the City Council for the City of Tustin on this 15t" day of April 2025. Signed by: AU ff LELWBARD, Mayor ATTEST: DS Signed by: C. U-Sa. E R [eADIf.0YAIJ DA, City Clerk APPROVED AS TO FORM: �DocuSigned by: �.':d�k'd' DAV f)F37KENDIG, City Attorney Ordinance No. 1562 Page 4 of 5 Docusign Envelope ID: 22B5F71A-416D-49BF-BDDC-360ED355817B STATE OF CALIFORNIA ) COUNTY OF ORANGE ) SS CITY OF TUSTIN ) CERTIFICATION FOR ORDINANCE NO. 1562 I, Erica N. Yasuda, City Clerk and ex-officio Clerk of the City Council of the City of Tustin, California, do hereby certify that the whole number of the members of the City Council of the City of Tustin is 5; that the above and foregoing Ordinance No. 1562 was duly and regularly introduced at a regular meeting of the Tustin City Council, held on the 1st day of April, 2025, and was given its second reading, passed, and adopted at a regular meeting of the City Council held on the 15th day of April 2025 by the following vote: COUNCILMEMBER AYES: Lumbard, Nielsen, Gallagher, Schnell, Fink (5) COUNCILMEMBER NOES: (0) COUNCILMEMBER ABSTAINED: (0) COUNCILMEMBER ABSENT: COUNCILMEMBER RECUSED: 5`Signed by: os t'�V i, qma. ERItADNOTA8SUDA, City Clerk Ordinance No. 1562 Page 5 of 5 (0) (0)