HomeMy WebLinkAbout07 CODE AMENDMENT CA 2025-0002-CODE STREAMLINING AND MPROVEMENT PROGRAMDocusign Envelope ID: E558271 E-OF72-4C7A-B31 B-3F4F8OB87371
Cr�"tY O�
AGENDA REPORT
MEETING DATE:
TO:
FROM:
SUBJECT:
SUMMARY:
MARCH 3, 2026
ALDO E. SCHINDLER, CITY MANAGER
Agenda Item 7
Reviewed:
City Manager a`LS
Finance Director N/A
ALEXA SMITTLE, COMMUNITY DEVELOPMENT DIRECTOR
CODE STREAMLINING AND IMPROVEMENT PROGRAM
The goal of Streamline Tustin is to evaluate the City's land use code and propose
amendments to sections that lack clarity, are outdated, or do not reflect current
regulations or adopted policy. The proposed Code Amendment 2025-0002 is a City -
initiated request to amend Tustin City Code Article 9 (Land Use) as part of the Community
Development Department's ongoing code streamlining and improvement program.
Specifically, Code Amendment 2025-0002 does the following:
• Updates select provisions related to Housing Element implementation programs;
• Clarifies and codifies the City's prohibition on short-term rentals; and
• Includes minor technical and organizational corrections.
On January 27, 2026, the Planning Commission adopted Resolution No. 4538
(Attachment E), recommending that the City Council adopt Ordinance No. 1574 approving
CA 2025-0002. The Planning Commission staff report is provided as Attachment D for
reference.
RECOMMENDATION:
That the City Council introduce and have a first reading, by title only, of Ordinance No.
1574, amending various sections of Article 9 (Land Use) of the Tustin City Code relating
to the Streamline Tustin program to provide clarity, consistency of terms and definitions,
implementation of select Housing Element programs, clarification of the prohibition on
short-term rentals, and minor technical and organizational corrections.
FISCAL IMPACT:
There is no fiscal impact associated with this item.
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
Docusign Envelope ID: E558271 E-OF72-4C7A-B31 B-3F4F8OB87371
City Council Agenda Report
CA 2025-0002
March 3, 2026
Page 2
approval process to identify streamlining opportunities and implement a plan of
improvement.
BACKGROUND AND DISCUSSION:
Proposed Code Amendment (CA) 2025-0002 updates provisions related to select
Housing Element implementation programs; codifies the City's prohibition on short-term
rentals; reorganizes information on the City's Master Sign Program; and corrects
typographical errors and inconsistencies. 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 A. Though the Planning Commission staff report
includes discussion of amendments related to accessory dwelling units (ADUs), these
amendments were removed from proposed CA 2025-0002 by the Planning Commission
at staff's recommendation.
Consistency with the Tustin General Plan
The proposed CA 2024-0002 is consistent with the Tustin General Plan in that it complies
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 February 19, 2026,
informing the public of the City Council public hearing for proposed CA 2025-0002. 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 Code amendments in question may
have a significant effect on the environment.
CONCLUSION:
The proposed CA 2025-0002 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
Docusign Envelope ID: E558271 E-OF72-4C7A-B31 B-3F4F8OB87371
City Council Agenda Report
CA 2025-0002
March 3, 2026
Page 3
Ordinance No. 1574 (Attachments B & C), amending various sections of Article 9 (Land
Use) of the Tustin City Code relating to the Streamline Tustin program to implement select
Housing Element programs, clarify the prohibition on short-term rentals, and make minor
technical and organizational corrections for clarity, and set the second reading for the
next regularly scheduled City Council meeting.
Alexa Smittle
Director of Community Development
K41mbv , 15AW Y'V,
Raymond Broihahn Barragan
Principal Planner
Attachments:
Jay Eastman, AICP
Assistant Director - Planning
A. Summary of Code Amendments
B. Ordinance No. 1574 (Redlined Version)
C. Ordinance No. 1574 (Clean Version)
D. Planning Commission Agenda Report, January 27, 2026
E. Planning Commission Resolution No. 4538
Docusign Envelope ID: E558271 E-OF72-4C7A-B31 B-3F4F8OB87371
/_11aIF_Ty:LTA l=1►III r_1
City Council
March 3, 2026
CA 2025-0002
Summary - Code Streamlining and Improvement Program
Sec. TCC § Amendment Description lReason
Short Term Rentals
15
9281(a)-(f)
Includes a new section for prohibition of short-term rentals within residential zoning districts.
Clarifying
16
9297
Amendment of definitions section to include "Advertisement".
Clarifying
17
9297
Amendment of definitions section to include "Hosting Platform".
Clarifying
18
9297
Amendment of definitions section to include "Residential Zoning District".
Clarifying
19
9297
Amendment of definitions section to include "Responsible Party".
Clarifying
20
1 9297
lAmendment of definitions section to include "Short -Term Rental"
lClarifying
2021-2029 Housing Element Implementation Programs
9
9221(a)(7)
Ensures consistency with 2021-2029 Tustin Housing Element Program 2.7.(a). - Includes provision of employee
housing as appropriate under Health and Safety Code Section 17021.5 and 17021.6
Consistency
10
9222(a)(6)
Ensures consistency with 2021-2029 Tustin Housing Element Program 2.7.(a). - Includes provision of employee
housing as appropriate under Health and Safety Code Section 17021.5 and 17021.6.
Consistency
11
9223(a)(8)
Ensures consistency with 2021-2029 Tustin Housing Element Program 2.7.(a). - Includes provision of employee
housing as appropriate under Health and Safety Code Section 17021.5 and 17021.6.
Consistency
12
9226(a)(2)(a)
Ensures consistency with 2021-2029 Tustin Housing Element Program 3.13(a). - Includes provision to require all new
multi -family projects to provide at least five (5) percent large family units (3+ bedrooms) which will prevent
overcrowding and further cost burden, by addressing demand for such units and increasing the large units into the
local housing inventory.
Consistency
14
9271(kk)
Ensures consistency with 2021-2029 Tustin Housing Element Program 2.7.(a). - Includes provision of "Qualified
Employee Housing" and farmworker housing as appropriate under Health and Safety Code Section 17021.5 and
17021.6.
Consistency
Miscellaneous
2
9112
Capitalization of "Natural or Constructed Impediments"
Typographical
3
9112
Capitalization of "Persons and Families of Low or Moderate Income"
Typographical
4
9112
Capitalization of "Qualified Nonprofit Housing Corporation"
Typographical
5
9112
Capitalization of "Shared Housing Building"
Typographical
6
9112
Capitalization of "Shared Housing Unit"
Typographical
7
9112
Capitalization of "Specific Adverse Impact"
Typographical
8
9112
Capitalization of "Student Housing Development"
Typographical
13
9262(c)(3)
Include clarifying language for parking lot maintenance/restriping permit as it relates to like for like restriping.
Clarifying
21
9299(b)(1)0)
Removes minor adjustment provision for increase of not more than ten (10) percent of the maximum sign area
allowed, per zoning regulations to be consistent with TCC Section 9403f. TCC § 9403(f) — Sign Permit Requirements,
authorize this deviation to be administratively reviewed and approved by the Community Development Director.
Consistency
22
9403(h)-(i)
Relocates the Master Sign Plan criteria from subsection (i) to Master Sign Plan subsection (h).
lConsistency, Clarifying
1of1
Docusign Envelope ID: E558271E-OF72-4C7A-B31B-3F4F8OB87371 ATTACHMENT B
DRAFT ORDINANCE NO. 1574
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 2025-0002) TO PROVIDE CLARITY, ENSURE
CONSISTENCY OF TERMS AND DEFINITIONS, IMPLEMENTATION OF GENERAL
PLAN 2021-2029 HOUSING ELEMENT PROGRAMS, CLARIFY THE PROHIBITION OF
SHORT-TERM RENTALS, AND ENSURE COMPLIANCE WITH NEW STATE LAWS
The City Council of the City of Tustin, California does hereby ordain as follows:
SECTION 1. The City Council finds and determines as follows:
That Chapter 1 of Article 9 of the Tustin City Code (TCC) establishes regulations
implementing State Density Bonus Law (Government Code Section 65915 et
seq.). Chapter 2 of Article 9 of the 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.
That Code Amendment (CA) 2025-0002 is part of the Community Development
Department's Code Streamlining and Improvement Program and includes updates
to various sections of Article 9 (Land Use) to improve clarity, maintain consistency
with recent State housing legislation.
That CA 2025-0002 includes updates necessary to implement programs from the
2021-2029 Housing Element, including provisions related to qualified employee
housing and large -family unit requirements to maintain consistency with State law.
That CA 2025-0002 clarifies the City's existing prohibition on short-term rentals
and adds definitions and procedural language to support enforcement.
That the Planning Commission continued the item from the December 9, 2025,
meeting at the request of City staff to allow time for staff to finalize few remaining
amendments. The item was continued to January 27, 2026.
That on January 27, 2026, a public hearing was duly noticed, called, and held by
the Planning Commission on CA 2025-0002 relating to Code Streamlining and
Improvement Program.
Docusign Envelope ID: E558271 E-OF72-4C7A-B31 B-3F4F8OB87371
Ordinance No. 1574
Page 2
That on March 3, 2026, a public hearing was duly noticed, called, and held on CA
2025-0002 by the City Council.
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 and compliance with state laws.
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 9112 of Part 1 of Chapter 1 of Article 9 of TCC is hereby amended
to read as follows (deleted text in strike out; new text underlined):
"Natural or c-Constructed Impediments" includes, but is not limited to, freeways,
rivers, mountains, and bodies of water, but does not include residential structures,
shopping centers, parking lots, or rails used for transit.
SECTION 3. Section 9112 of Part 1 of Chapter 1 of Article 9 of TCC is hereby amended
to read as follows (deleted text in strike out; new text underlined):
"Persons and fFamilies of Low or Moderate Income" means persons and families
whose income does not exceed one hundred twenty (120) percent of area median income
adjusted for family size by the State Department of Housing and Community Development
in accordance with adjustment factors adopted and amended from time to time by the
United States Department of Housing and Urban Development pursuant to Section 8 of
the United States Housing Act of 1937.
SECTION 4. Section 9112 of Part 1 of Chapter 1 of Article 9 of TCC is hereby amended
to read as follows (deleted text in strike out; new text underlined):
"Qualified nNonprofit #Housing sCorporation" means a nonprofit housing corporation
organized pursuant to Section 501(c)(3) of the Internal Revenue Code that has received
a welfare exemption under Section 214.15 of the Revenue and Taxation Code for
Ordinance No. 1574
Docusign Envelope ID: E558271 E-OF72-4C7A-B31 B-3F4F8OB87371
Ordinance No. 1574
Page 3
properties intended to be sold to low-income families who participate in a special no -
interest loan program.
SECTION 5. Section 9112 of Part 1 of Chapter 1 of Article 9 of TCC is hereby amended
to read as follows (deleted text in strike out; new text underlined):
"Shared #Housing bBuilding" means a residential or mixed -use structure, with five
(5) or more shared housing units and one (1) or more common kitchens and dining areas
designed for permanent residence of more than thirty (30) days by its tenants. The
kitchens and dining areas within the shared housing building shall be able to adequately
accommodate all residents. A shared housing building may include other dwelling units
that are not shared housing units, provided that those dwelling units do not occupy more
than twenty-five (25) percent of the floor area of the shared housing building. A shared
housing building may include 100 percent shared housing units.
SECTION 6. Section 9112 of Part 1 of Chapter 1 of Article 9 of TCC is hereby amended
to read as follows (deleted text in strike out; new text underlined):
"Shared #Housing uUnit" means one (1) or more habitable rooms, not within another
dwelling unit, that includes a bathroom, sink, refrigerator, and microwave, is used for
permanent residence, that meets the "minimum room area" specified in Section R304 of
the California Residential Code (Part 2.5 of Title 24 of the California Code of Regulations),
and complies with the definition of "guestroom" in Section R202 of the California
Residential Code.
SECTION 7. Section 9112 of Part 1 of Chapter 1 of Article 9 of TCC is hereby amended
to read as follows (deleted text in strike out; new text underlined):
"Specific Adverse +Impact" means a significant, quantifiable, direct, and unavoidable
impact, based on objective, identified written public health or safety standards, policies,
or conditions as they existed on the date the application was deemed complete.
SECTION 8. Section 9112 of Part 1 of Chapter 1 of Article 9 of TCC is hereby amended
to read as follows (deleted text in strike out; new text underlined):
"Student bHousing dDevelopment" means any housing used exclusively for
undergraduate, graduate, or professional students enrolled full time at an institution of
higher education accredited by the Western Association of Schools and Colleges or the
Accrediting Commission for Community and Junior Colleges.
SECTION 9. Section 9221 a of Part 2 of Chapter 2 of Article 9 of TCC is hereby amended
to read as follows (deleted text in strike out; new text underlined):
6. Repealed. Employee Housing (subject to the provisions set forth in Section 9271 kk
and California Health and Safety Code Section 17021).
Ordinance No. 1574
Docusign Envelope ID: E558271 E-OF72-4C7A-B31 B-3F4F8OB87371
Ordinance No. 1574
Page 4
SECTION 10. Section 9222a of Part 2 of Chapter 2 of Article 9 of TCC is hereby amended
to read as follows (deleted text in strike out; new text underlined):
4. Repealed. Employee Housing (subject to the provisions set forth in Section 9271
and California Health and Safety Code Section 17021).
SECTION 11. Section 9223a of Part 2 of Chapter 2 of Article 9 of TCC is hereby amended
to add new subsection (8) to read as follows (new text underlined):
6. Repealed. Employee Housing (subject to the provisions set forth in Section 9271
and California Health and Safety Code Section 17021).
SECTION 12. Section 9226a(2) of Part 2 of Chapter 2 of Article 9 of TCC is hereby
amended to add new subsection (a) to read as follows (new text underlined):
2. Multiple family dwellings, apartment houses.
(a) All new multiple family projects totaling six (6) or more units must provide large
family units, defined as units with three (3) or more bedrooms, for at least five percent
(5%) of the total number of units. Anv fractional result in the calculation of reauired larae
family units shall be rounded up to the next whole unit.
SECTION 13. Section 9262c(3) of Part 6 of Chapter 2 of Article 9 of TCC is hereby
amended to read as follows (deleted text in strike out; new text underlined):
3. A parking lot maintenance/restriping permit shall be required prior to commencing
any maintenance activities in the parking lot involving reconfiguration or restripe,
like for like, of an existing parking lot.
SECTION 14. Section 9271 of Part 7 of Chapter 2 of Article 9 of is hereby amended to
read as follows (new text underlined; deleted text in strikeout):
Jl
Reserved. Qualified Employee Housing
(a) "Employee housing" means both of the following:
1. Employee housing providing accommodation for six (6) or fewer employees,
pursuant to California Health and Safety Code section 17021.5(b), shall be deemed
a single-family dwelling and is allowed in residential zones. Employee housing is
subject to all codes, regulations, and other standards generally applicable to other
residential dwellings of the same type in the same zone.
2. Employee housing providing accommodations consisting of no more than thirty six
(36) beds in group quarters or twelve (12) units or spaces designed for use by a
single family or household, pursuant to Health and Safety Code Section 17021.6(b),
Ordinance No. 1574
Docusign Envelope ID: E558271E-01`724UA-1331B-3F4F80B87371
Ordinance No. 1574
Page 5
shall be deemed an agricultural land use and is allowed in such zones for agricultural
use or an equivalent agricultural district within a City approved Specific Plan.
Employee housing is subject to all codes, regulations, and other standards generally
applicable to other aaricultural activitv in the same zone.
(b) Employee housing is not included within the definition of a boarding house, rooming
house, single room occupancy residence, hotel, dormitory, or other similar term that
implies that the employee housing is a business run for profit or differs in any other
way from a family dwelling.
(c) Employee housing does not include housing that is provided by someone other than
an agricultural employer or an agent thereof if such housing is offered and rented to
nonagricultural employees on the same terms that it is offered to agricultural
employees, none of the occupants of the housing are employed by the owner or
property manager of the housing, none of the occupants of the housing have rent
deducted from their wages, negotiation of the terms of occupancy of the housing is
conducted between each occupant and the owner or manager of the property, the
occupants of the housing are not required to live in the housing as a condition of
employment, and the occupants of the housing are not referred to live in the housing
by the employer of the occupants or the employer's agent, or an agricultural
employer.
(d) "Employee" as used in this Section does not include a person engaged in household
domestic service or a person employed under circumstances in which his or her
wages are incidental to professional training or training for a religious vocation and
where the employer is exempt from taxation under the California Constitution. In
addition to the requirements of this Section, employee housing shall comply with the
requirements of the Employee Housing Act (Calif. Health & Safety Code, section
17000 et seg.).
SECTION 15. Part 7 of Chapter 2 of Article 9 of the TCC is hereby amended by adding
new Section 9281 to read as follows (new text underlined):
9281 — SHORT-TERM RENTALS
A. Purpose and Intent.
The purpose of this Section is to establish that short-term rentals are prohibited uses
on any property within the City's residential zones, and within any other zoning
district in the City, including all underlying or base zones, overlay zones, planned
communities and adopted specific plans, in which residential uses are a permitted
use.
B. Short-term Rentals and Advertisement of Short-term Rentals Prohibited
Ordinance No. 1574
Docusign Envelope ID: E558271 E-OF72-4C7A-B31 B-3F4F8OB87371
Ordinance No. 1574
Page 6
1. No responsible party shall operate or allow the operation of a short-term rental
in any residential zoning district within the City.
2. No responsible party shall post, publish, circulate, broadcast or maintain any
advertisement of a short-term rental prohibited in any residential zoning
district within the City for a period of less than 30 consecutive days including
any advertisement for a daily or weekly rate.
C. Public Nuisance.
Any use or condition caused, or permitted or allowed to exist, continue or remain in
violation of any provision of this Section shall be, and is hereby declared to be, a
public nuisance and may be summarily abated by the City pursuant to Section 1122
and California Code of Civil Procedure Section 731 or through any other remedy
provided for by law.
D. Violations; Misdemeanors and Infractions.
It shall be unlawful for any responsible party to violate any provision or to fail to
comply with any of the requirements of this Section. Such a violation may be
prosecuted in the name of the people of the State, redressed by civil action, or
resolved by administrative remedies. Any responsible party who violates or fails to
comply with any provision of this Code or any City ordinance is guilty of an
infraction or a misdemeanor if the circumstances so warrant.
E. Penalties for Violation.
The provisions of Tustin City Code Article 1, Chapter 1, Part 6, Section 1162 shall
apply.
F. Hosting Platforms Shall Not Complete Booking Transactions.
1. Hosting platforms shall not complete any booking transaction for short-term
rentals in the Citv.
2. No later than 30 days after any person seeks to use a hosting platform to
complete a short-term rental in the City, the hosting platform shall provide the
Community Development Director or designee in writing the names of and
contact information for any person responsible for each such listing, the
address of each such listing, the length of stay for each such listing, and the
price quoted for each such stay.
3. Hosting platforms shall not collect or receive any compensation, whether
monetary or non -monetary, either directly or indirectly through an agent or
intermediary, for facilitating or providing any short-term rental in the City,
including, but not limited to, any ancillary service related thereto such as
Ordinance No. 1574
Docusign Envelope ID: E558271 E-OF72-4C7A-B31 B-3F4F8OB87371
Ordinance No. 1574
Page 7
insurance, concierge services, catering, restaurant bookings, tours, guide
services, entertainment, cleaning, property management, or maintenance of
the property or unit.
4. A hosting platform which operates in compliance with this Section shall be
presumed to be in compliance with the City's short-term rental regulations
except that the hosting platform remains responsible for complying with an
administrative subpoena issued by the City for the purpose of obtaining any
information regarding short-term rental advertising or activity in the City.
5. The provisions of this Section shall be interpreted in accordance with
otherwise armlicable state and federal law(s) and will not aDDly if determined
by the City to be in violation of, or preempted by, any such law(s).
SECTION 16. Section 9297 of Part 9 of Chapter 2 of Article 9 of the TCC is hereby
amended to add new definition to read as follows (new text underlined):
"Advertisement" means any announcement, whether in a magazine, newspaper, handbill,
notice, display, billboard, poster, email, internet website, platform or application, any form
of television or radio broadcast or anv other form of communication. whose Drimary
purpose is to propose a transaction.
SECTION 17. Section 9297 of Part 9 of Chapter 2 of Article 9 of the TCC is hereby
amended to add new definition to read as follows (new text underlined):
"Hosting Platform" means any person, corporation or entity of any kind who participates
in the short-term rental business by advertising or collecting or receiving a fee, directly or
indirectly through an agent or intermediary, for conducting short-term rental activity in the
City of any nature.
SECTION 18. Section 9297 of Part 9 of Chapter 2 of Article 9 of the TCC is hereby
amended to add new definition to read as follows (new text underlined):
"Residential Zoning District" shall mean all zones within the City of Tustin that support or
include residential uses. whether as a permitted use or conditionallv Dermitted use.
SECTION 19. Section 9297 of Part 9 of Chapter 2 of Article 9 of the TCC is hereby
amended to add new definition to read as follows (new text underlined):
"Responsible Party" means any person(s) or entity(ies) that hold(s) legal and/or equitable
title to the real property and/or dwelling unit, including any property owner, lessee or
tenant, or any agent or representative thereof, who causes or permits any violation of this
Code. To cause or permit includes failure to correct or cause correction after receiving
notice from the City of the violation.
Ordinance No. 1574
Docusign Envelope ID: E558271 E-OF72-4C7A-B31 B-3F4F8OB87371
Ordinance No. 1574
Page 8
SECTION 20. Section 9297 of Part 9 of Chapter 2 of Article 9 of the TCC is hereby
amended to add new definition to read as follows (new text underlined):
"Short -Term Rental" means a rental or other occupancy of a dwelling unit or part of a
dwelling unit to visitors where lodging is furnished for a period of thirty (30) consecutive
calendar days or less.
SECTION 21. Section 9299(b)(1)0) of Part 9 of Chapter 2 of Article 9 of TCC is hereby
amended to read as follows (deleted text in strike out; new text underlined):
SECTION 22. Section 9403h and 9403i of Part 9 of Chapter 4 of Article 9 of TCC is
hereby amended to read as follows (deleted text in strike out; new text underlined):
h. Master sign plans. A master sign plan is required for developments in specific plan,
planned development and planned community districts, multi -use sites, multi -tenant
centers and mixed -use districts in the City. The purpose of a master sign plan is to
encourage coordinated and quality sign design (integrated with architectural style of
project) on sites where a large number of signs will occur. In addition, the master sign
plan should include permanent directional/information signs to facilitate smooth
internal circulation by the motorist.
Requirements for a Master Sign Plan. After approval of a master sign plan, no sign
shall be erected, placed, painted or maintained except in conformance with such plan,
and such plan may be enforced in the same way as any provision of this ordinance
unless a modification to the master sign plan is approved. In case of any conflict
between the provisions of such a plan and this ordinance, the ordinance takes
precedence. In addition to all of the requirements for standard sign plans contained in
Section 9403g of this Chapter, the following additional information shall be required
for a master sign plan:
4. La) Plan specifications including the type and texture of materials and colors
proposed for the signs and the building facade.
A colored elevation of the proposed signs as they would appear on the
building facade.
Lc) Drawings illustrating the lettering styles and sizes proposed and the use of
logos, if any.
M Color photographs of buildings and signs on adjacent sites.
Ordinance No. 1574
Docusign Envelope ID: E558271 E-OF72-4C7A-B31 B-3F4F8OB87371
Ordinance No. 1574
Page 9
Any regulations that are more restrictive than those included in the sign
code pertaining to use, location and size of signs.
go' - 0 M__ NMI _* a --
------------------
Ordinance No.
Docusign Envelope ID: E558271 E-OF72-4C7A-B31 B-3F4F8OB87371
Ordinance No. 1574
Page 10
'terna are rnet:(! )Said l0GatiGR iS Ret within a required visual Glearan
w0thon the ' - 1 1, area shall be reviewed and approved by the PubliG Works
■_ ..
nent.(3)AII SUGh signs shall be IeGated a minimurn of twenty five (25) f
frern an Onterier side property line or fifty (50) feet frern another existing pole e
monument sign IOGated on an adjaGent site, whiGhever is less reStriGtive.(4)I-R
the event of a lighted sign the IeGatien will nOt Gause negative light and glare
2. Master sign plan criteria. In addition to general criteria listed in Section 9403i of
this Chapter, master sign plans shall be reviewed for conformance with the
following criteria:
(a) Signs shall reflect a common theme, incorporating design elements in terms of
materials, letter styles, colors, illumination, sign type and sign shape.
(b) Signs shall utilize materials, colors, and a design motif which are compatible and
which reflect the special qualities of the architecture of the buildings on the site
in both daytime and nighttime situations.
(c) For developments with existing signs, the master sign plan shall designate
appropriate replacements, if any, which are consistent with the new signage.
Where such signs cannot be replaced immediately, a schedule or phasing plan
for bringing such signs into conformance with the master sign plan shall be
submitted and become part of the approval. A cash bond, based upon the
estimated cost to remove the sign, may be required to guarantee their removal.
Bond is returnable upon successful completion of removal. If not removed, the
bond will be forfeited, and the sign will be removed by the City pursuant to the
enforcement procedures of section 9405e. The master sign plan should
acknowledge that tenants desiring signs may not be identified during the building
design process or may change over time. Therefore, care should be taken in
size and placement to accommodate future changes.
(d) The master sign plan shall designate a person or firm as the primary liaison with
the City for the purpose of requesting approval of the master sign plan and for
submitting sign permit requests in conformance with the approved master sign
plan.
(e) The master sign plan submitted by the applicant may establish more restrictive
sign standards than those contained in this Chapter. Conversely,
a master sign
plan a Gentor may deviate from speGi� f�standard for permanent business
Ordinance No. 1574
Docusign Envelope ID: E558271 E-OF72-4C7A-B31 B-3F4F8OB87371
Ordinance No. 1574
Page 11
r
V
The master sign plan for a center may deviate from the specific standard for
permanent business identification upon submittal and approval of a conditional
use permit, provided that the center is a single development project of at least
thirty thousand (30,000) building square feet or one (1) acre in project size.
i. Review criteria.
General criteria (applicable to all signs). Proposed signs and the materials, size,
color, lettering, location and arrangement thereof shall conform to the following
criteria:
(a) Signs shall be consistent throughout the site by incorporating common design
elements such as quality of materials, letter style, colors (not more than three
(3) excluding black and white per individual sign), illumination, sign type or sign
shape.
(b) Signs shall be compatible with and bear a harmonious relationship to the visual
imaae and architectural desian of the buildinas thev identifv in terms of materials,
colors, and design motif.
Signs shall relate to a human scale and shall be directed toward pedestrians as
well as motorists. The base and supporting structure of all signs shall be
consistent with the size and scale of the advertisina surface.
(d) Signs shall contain only that information necessary to identify the businesses or
uses of the property on which the sign is located and be in compliance with
district regulations. Identification of product, trade and service information is
permitted and considered supplemental provided it is subordinate to business
identification. Supplemental signs shall be considered subordinate if no more
than twenty-five (25) percent of the total allowable sign area is used for this
purpose.
(e) Signs shall be appropriately visible, legible, as far as spacing and proportion of
letters and details and shall not dominate the visual aualitv of the site or obscure
from view existing or adjacent signs.
Ordinance No.
Docusign Envelope ID: E558271 E-OF72-4C7A-B31 B-3F4F8OB87371
Ordinance No. 1574
Page 12
(f) Signs shall be compatible with the visual characteristics of the development and
signs in the surrounding area and shall not detract from adjacent developed
properties.
(g) New signs in existing developments shall be designed in accordance with the
established master sign plan for the building or center where the signs are to be
located. If a master sign plan does not exist, an new signs shall be designed to
be harmonious with other existing signs on the property and/or architectural
theme or design features of the building(s) or required by any special criteria
Dursuant to section 9403h.
Freestanding signs may be located in a required yard setback area provided the
following criteria are met:(11) Said location is not within a required visual
clearance area as shown on section 9412 exhibits.(2) All signs proposed to be
located within the public safety area shall be reviewed and approved by the
Public Works Department.(3) All such signs shall be located a minimum of
twenty-five (25) feet from an interior side property line or fifty (50) feet from
another existing pole or monument sign located on an adjacent site, whichever
is less restrictive.(4) In the event of a lighted sign the location will not cause
negative light and glare impacts on adjacent sensitive land uses.
(i) All signs shall conform to provisions contained in section 9404 of this Chapter
and any previously approved master sign plan, on file with the Community
Development Department.
2. Special criteria. The Planning Commission may recommend, and the City
Council may establish more specific design criteria by resolution within certain
portions of the City to encourage signs which are in harmony with established
architectural guidelines in those areas. The specific criteria may be more or less
restrictive than the regulations included in this Chapter.
SECTION 23. 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 24. 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 25. 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
Ordinance No. 1574
Docusign Envelope ID: E558271 E-OF72-4C7A-B31 B-3F4F8OB87371
Ordinance No. 1574
Page 13
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 3rd day of March, 2026.
AUSTIN LUMBARD
Mayor
ATTEST:
ERICA N. YASUDA
City Clerk
APPROVED AS TO FORM:
`v-1K-
DAVID E. KENDIG,
City Attorney
Ordinance No. 1574
Docusign Envelope ID: E558271 E-OF72-4C7A-B31 B-3F4F8OB87371
Ordinance No. 1574
Page 14
STATE OF CALIFORNIA )
COUNTY OF ORANGE ) ss.
CITY OF TUSTIN )
CERTIFICATION FOR ORDINANCE NO. 1574
I, Erica 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. 1574
was duly passed, and adopted at a regular meeting of the Tustin City Council held on
the _ day of March, 2026, by the following vote:
COUNCILPERSONS AYES:
COUNCILPERSONS NOES:
COUNCILPERSONS ABSTAINED:
COUNCILPERSONS ABSENT:
ERICA YASUDA
City Clerk
Ordinance No. 1574
Docusign Envelope ID: E558271 E-OF72-4C7A-B31 B-3F4F8OB87371
ATTACHMENT C
DRAFT ORDINANCE NO. 1574
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 2025-0002) TO PROVIDE CLARITY, ENSURE
CONSISTENCY OF TERMS AND DEFINITIONS, IMPLEMENTATION OF GENERAL
PLAN 2021-2029 HOUSING ELEMENT PROGRAMS, CLARIFY THE PROHIBITION OF
SHORT-TERM RENTALS, AND ENSURE COMPLIANCE WITH NEW STATE LAWS
The City Council of the City of Tustin, California does hereby ordain as follows:
SECTION 1. The City Council finds and determines as follows:
That Chapter 1 of Article 9 of the Tustin City Code (TCC) establishes regulations
implementing State Density Bonus Law (Government Code Section 65915 et
seq.). Chapter 2 of Article 9 of the 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.
That Code Amendment (CA) 2025-0002 is part of the Community Development
Department's Code Streamlining and Improvement Program and includes updates
to various sections of Article 9 (Land Use) to improve clarity, maintain consistency
with recent State housing legislation.
That CA 2025-0002 includes updates necessary to implement programs from the
2021-2029 Housing Element, including provisions related to qualified employee
housing and large -family unit requirements to maintain consistency with State law.
That CA 2025-0002 clarifies the City's existing prohibition on short-term rentals
and adds definitions and procedural language to support enforcement.
That the Planning Commission continued the item from the December 9, 2025,
meeting at the request of City staff to allow time for staff to finalize few remaining
amendments. The item was continued to January 27, 2026.
That on January 27, 2026, a public hearing was duly noticed, called, and held by
the Planning Commission on CA 2025-0002 relating to Code Streamlining and
Improvement Program.
Docusign Envelope ID: E558271 E-OF72-4C7A-B31 B-3F4F8OB87371
Ordinance No. 1574
Page 2
That on March 3, 2026, a public hearing was duly noticed, called, and held on CA
2025-0002 by the City Council.
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 and compliance with state laws.
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 9112 of Part 1 of Chapter 1 of Article 9 of TCC is hereby amended
to read as follows:
"Natural or Constructed Impediments" includes, but is not limited to, freeways, rivers,
mountains, and bodies of water, but does not include residential structures, shopping
centers, parking lots, or rails used for transit.
SECTION 3. Section 9112 of Part 1 of Chapter 1 of Article 9 of TCC is hereby amended
to read as follows:
"Persons and Families of Low or Moderate Income" means persons and families
whose income does not exceed one hundred twenty (120) percent of area median income
adjusted for family size by the State Department of Housing and Community Development
in accordance with adjustment factors adopted and amended from time to time by the
United States Department of Housing and Urban Development pursuant to Section 8 of
the United States Housing Act of 1937.
SECTION 4. Section 9112 of Part 1 of Chapter 1 of Article 9 of TCC is hereby amended
to read as follows:
"Qualified Nonprofit Housing Corporation" means a nonprofit housing corporation
organized pursuant to Section 501(c)(3) of the Internal Revenue Code that has received
a welfare exemption under Section 214.15 of the Revenue and Taxation Code for
Ordinance No. 1574
Docusign Envelope ID: E558271 E-OF72-4C7A-B31 B-3F4F8OB87371
Ordinance No. 1574
Page 3
properties intended to be sold to low-income families who participate in a special no -
interest loan program.
SECTION 5. Section 9112 of Part 1 of Chapter 1 of Article 9 of TCC is hereby amended
to read as follows:
"Shared Housing Building" means a residential or mixed -use structure, with five (5)
or more shared housing units and one (1) or more common kitchens and dining areas
designed for permanent residence of more than thirty (30) days by its tenants. The
kitchens and dining areas within the shared housing building shall be able to adequately
accommodate all residents. A shared housing building may include other dwelling units
that are not shared housing units, provided that those dwelling units do not occupy more
than twenty-five (25) percent of the floor area of the shared housing building. A shared
housing building may include 100 percent shared housing units.
SECTION 6. Section 9112 of Part 1 of Chapter 1 of Article 9 of TCC is hereby amended
to read as follows :
"Shared Housing Unit" means one (1) or more habitable rooms, not within another
dwelling unit, that includes a bathroom, sink, refrigerator, and microwave, is used for
permanent residence, that meets the "minimum room area" specified in Section R304 of
the California Residential Code (Part 2.5 of Title 24 of the California Code of Regulations),
and complies with the definition of "guestroom" in Section R202 of the California
Residential Code.
SECTION 7. Section 9112 of Part 1 of Chapter 1 of Article 9 of TCC is hereby amended
to read as follows:
"Specific Adverse Impact" means a significant, quantifiable, direct, and unavoidable
impact, based on objective, identified written public health or safety standards, policies,
or conditions as they existed on the date the application was deemed complete.
SECTION 8. Section 9112 of Part 1 of Chapter 1 of Article 9 of TCC is hereby amended
to read as follows:
"Student Housing Development" means any housing used exclusively for
undergraduate, graduate, or professional students enrolled full time at an institution of
higher education accredited by the Western Association of Schools and Colleges or the
Accrediting Commission for Community and Junior Colleges.
SECTION 9. Section 9221 a of Part 2 of Chapter 2 of Article 9 of TCC is hereby amended
to read as follows:
6. Employee Housing (subject to the provisions set forth in Section 9271 kk and
California Health and Safety Code Section 17021).
Ordinance No. 1574
Docusign Envelope ID: E558271 E-OF72-4C7A-B31 B-3F4F8OB87371
Ordinance No. 1574
Page 4
SECTION 10. Section 9222a of Part 2 of Chapter 2 of Article 9 of TCC is hereby amended
to read as follows:
4. Employee Housing (subject to the provisions set forth in Section 9271jj and
California Health and Safety Code Section 17021).
SECTION 11. Section 9223a of Part 2 of Chapter 2 of Article 9 of TCC is hereby amended
to add new subsection (8) to read as follows :
6. Employee Housing (subject to the provisions set forth in Section 9271jj and
California Health and Safety Code Section 17021).
SECTION 12. Section 9226a(2) of Part 2 of Chapter 2 of Article 9 of TCC is hereby
amended to add new subsection (a) to read as follows:
2. Multiple family dwellings, apartment houses.
(a) All new multiple family projects totaling six (6) or more units must provide large
family units, defined as units with three (3) or more bedrooms, for at least five percent
(5%) of the total number of units. Any fractional result in the calculation of required large
family units shall be rounded up to the next whole unit.
SECTION 13. Section 9262c(3) of Part 6 of Chapter 2 of Article 9 of TCC is hereby
amended to read as follows:
3. A parking lot maintenance/restriping permit shall be required prior to commencing
any maintenance activities in the parking lot involving reconfiguration or restripe,
like for like, of an existing parking lot.
SECTION 14. Section 9271 of Part 7 of Chapter 2 of Article 9 of is hereby amended to
read as follows:
JJ
Qualified Employee Housing
(a) "Employee housing" means both of the following:
1. Employee housing providing accommodation for six (6) or fewer employees,
pursuant to California Health and Safety Code section 17021.5(b), shall be deemed
a single-family dwelling and is allowed in residential zones. Employee housing is
subject to all codes, regulations, and other standards generally applicable to other
residential dwellings of the same type in the same zone.
2. Employee housing providing accommodations consisting of no more than thirty six
(36) beds in group quarters or twelve (12) units or spaces designed for use by a
single family or household, pursuant to Health and Safety Code Section 17021.6(b),
Ordinance No. 1574
Docusign Envelope ID: E558271 E-OF72-4C7A-B31 B-3F4F8OB87371
Ordinance No. 1574
Page 5
shall be deemed an agricultural land use and is allowed in such zones for agricultural
use or an equivalent agricultural district within a City approved Specific Plan.
Employee housing is subject to all codes, regulations, and other standards generally
applicable to other agricultural activity in the same zone.
(b) Employee housing is not included within the definition of a boarding house, rooming
house, single room occupancy residence, hotel, dormitory, or other similar term that
implies that the employee housing is a business run for profit or differs in any other
way from a family dwelling.
(c) Employee housing does not include housing that is provided by someone other than
an agricultural employer or an agent thereof if such housing is offered and rented to
nonagricultural employees on the same terms that it is offered to agricultural
employees, none of the occupants of the housing are employed by the owner or
property manager of the housing, none of the occupants of the housing have rent
deducted from their wages, negotiation of the terms of occupancy of the housing is
conducted between each occupant and the owner or manager of the property, the
occupants of the housing are not required to live in the housing as a condition of
employment, and the occupants of the housing are not referred to live in the housing
by the employer of the occupants or the employer's agent, or an agricultural
employer.
(d) "Employee" as used in this Section does not include a person engaged in household
domestic service or a person employed under circumstances in which his or her
wages are incidental to professional training or training for a religious vocation and
where the employer is exempt from taxation under the California Constitution. In
addition to the requirements of this Section, employee housing shall comply with the
requirements of the Employee Housing Act (Calif. Health & Safety Code, section
17000 et seq.).
SECTION 15. Part 7 of Chapter 2 of Article 9 of the TCC is hereby amended by adding
new Section 9281 to read as follows:
9281 — SHORT-TERM RENTALS
A. Purpose and Intent.
The purpose of this Section is to establish that short-term rentals are prohibited uses
on any property within the City's residential zones, and within any other zoning
district in the City, including all underlying or base zones, overlay zones, planned
communities and adopted specific plans, in which residential uses are a permitted
use.
B. Short-term Rentals and Advertisement of Short-term Rentals Prohibited
Ordinance No. 1574
Docusign Envelope ID: E558271 E-OF72-4C7A-B31 B-3F4F8OB87371
Ordinance No. 1574
Page 6
1. No responsible party shall operate or allow the operation of a short-term rental
in any residential zoning district within the City.
2. No responsible party shall post, publish, circulate, broadcast or maintain any
advertisement of a short-term rental prohibited in any residential zoning
district within the City for a period of less than 30 consecutive days including
any advertisement for a daily or weekly rate.
C. Public Nuisance.
Any use or condition caused, or permitted or allowed to exist, continue or remain in
violation of any provision of this Section shall be, and is hereby declared to be, a
public nuisance and may be summarily abated by the City pursuant to Section 1122
and California Code of Civil Procedure Section 731 or through any other remedy
provided for by law.
D. Violations; Misdemeanors and Infractions.
It shall be unlawful for any responsible party to violate any provision or to fail to
comply with any of the requirements of this Section. Such a violation may be
prosecuted in the name of the people of the State, redressed by civil action, or
resolved by administrative remedies. Any responsible party who violates or fails to
comply with any provision of this Code or any City ordinance is guilty of an
infraction or a misdemeanor if the circumstances so warrant.
E. Penalties for Violation.
The provisions of Tustin City Code Article 1, Chapter 1, Part 6, Section 1162 shall
apply.
F. Hosting Platforms Shall Not Complete Booking Transactions.
1. Hosting platforms shall not complete any booking transaction for short-term
rentals in the City.
2. No later than 30 days after any person seeks to use a hosting platform to
complete a short-term rental in the City, the hosting platform shall provide the
Community Development Director or designee in writing the names of and
contact information for any person responsible for each such listing, the
address of each such listing, the length of stay for each such listing, and the
price quoted for each such stay.
3. Hosting platforms shall not collect or receive any compensation, whether
monetary or non -monetary, either directly or indirectly through an agent or
intermediary, for facilitating or providing any short-term rental in the City,
including, but not limited to, any ancillary service related thereto such as
Ordinance No. 1574
Docusign Envelope ID: E558271 E-OF72-4C7A-B31 B-3F4F8OB87371
Ordinance No. 1574
Page 7
insurance, concierge services, catering, restaurant bookings, tours, guide
services, entertainment, cleaning, property management, or maintenance of
the property or unit.
4. A hosting platform which operates in compliance with this Section shall be
presumed to be in compliance with the City's short-term rental regulations
except that the hosting platform remains responsible for complying with an
administrative subpoena issued by the City for the purpose of obtaining any
information regarding short-term rental advertising or activity in the City.
5. The provisions of this Section shall be interpreted in accordance with
otherwise applicable state and federal law(s) and will not apply if determined
by the City to be in violation of, or preempted by, any such law(s).
SECTION 16. Section 9297 of Part 9 of Chapter 2 of Article 9 of the TCC is hereby
amended to add new definition to read as follows:
"Advertisement" means any announcement, whether in a magazine, newspaper, handbill,
notice, display, billboard, poster, email, internet website, platform or application, any form
of television or radio broadcast or any other form of communication, whose primary
purpose is to propose a transaction.
SECTION 17. Section 9297 of Part 9 of Chapter 2 of Article 9 of the TCC is hereby
amended to add new definition to read as follows:
"Hosting Platform" means any person, corporation or entity of any kind who participates
in the short-term rental business by advertising or collecting or receiving a fee, directly or
indirectly through an agent or intermediary, for conducting short-term rental activity in the
City of any nature.
SECTION 18. Section 9297 of Part 9 of Chapter 2 of Article 9 of the TCC is hereby
amended to add new definition to read as follows:
"Residential Zoning District" shall mean all zones within the City of Tustin that support or
include residential uses, whether as a permitted use or conditionally permitted use.
SECTION 19. Section 9297 of Part 9 of Chapter 2 of Article 9 of the TCC is hereby
amended to add new definition to read as follows:
"Responsible Party" means any person(s) or entity(ies) that hold(s) legal and/or equitable
title to the real property and/or dwelling unit, including any property owner, lessee or
tenant, or any agent or representative thereof, who causes or permits any violation of this
Code. To cause or permit includes failure to correct or cause correction after receiving
notice from the City of the violation.
Ordinance No. 1574
Docusign Envelope ID: E558271 E-OF72-4C7A-B31 B-3F4F8OB87371
Ordinance No. 1574
Page 8
SECTION 20. Section 9297 of Part 9 of Chapter 2 of Article 9 of the TCC is hereby
amended to add new definition to read as follows:
"Short -Term Rental" means a rental or other occupancy of a dwelling unit or part of a
dwelling unit to visitors where lodging is furnished for a period of thirty (30) consecutive
calendar days or less.
SECTION 21. Section 9299(b)(1)(j) of Part 9 of Chapter 2 of Article 9 of TCC is hereby
amended to read as follows (deleted text in strike out):
SECTION 22. Section 9403h and 9403i of Part 9 of Chapter 4 of Article 9 of TCC is
hereby amended to read as follows:
h. Master sign plans. A master sign plan is required for developments in specific plan,
planned development and planned community districts, multi -use sites, multi -tenant
centers and mixed use districts in the City. The purpose of a master sign plan is to
encourage coordinated and quality sign design (integrated with architectural style of
project) on sites where a large number of signs will occur. In addition, the master sign
plan should include permanent directional/information signs to facilitate smooth
internal circulation by the motorist.
1. Requirements for a Master Sign Plan. After approval of a master sign plan, no sign
shall be erected, placed, painted or maintained except in conformance with such plan,
and such plan may be enforced in the same way as any provision of this ordinance
unless a modification to the master sign plan is approved. In case of any conflict
between the provisions of such a plan and this ordinance, the ordinance takes
precedence. In addition to all of the requirements for standard sign plans contained in
Section 9403g of this Chapter, the following additional information shall be required
for a master sign plan:
(a) Plan specifications including the type and texture of materials and colors
proposed for the signs and the building facade.
(b) A colored elevation of the proposed signs as they would appear on the building
facade.
(c) Drawings illustrating the lettering styles and sizes proposed and the use of logos,
if any.
(d) Color photographs of buildings and signs on adjacent sites.
Ordinance No.
Docusign Envelope ID: E558271 E-OF72-4C7A-B31 B-3F4F8OB87371
Ordinance No. 1574
Page 9
(e) Any regulations that are more restrictive than those included in the sign code
pertaining to use, location and size of signs.
2. Master sign plan criteria. In addition to general criteria listed in Section 9403i of this
Chapter, master sign plans shall be reviewed for conformance with the following
criteria:
(a) Signs shall reflect a common theme, incorporating design elements in terms of
materials, letter styles, colors, illumination, sign type and sign shape.
(b) Signs shall utilize materials, colors, and a design motif which are compatible and
which reflect the special qualities of the architecture of the buildings on the site
in both daytime and nighttime situations.
(c) For developments with existing signs, the master sign plan shall designate
appropriate replacements, if any, which are consistent with the new signage.
Where such signs cannot be replaced immediately, a schedule or phasing plan
for bringing such signs into conformance with the master sign plan shall be
submitted and become part of the approval. A cash bond, based upon the
estimated cost to remove the sign, may be required to guarantee their removal.
Bond is returnable upon successful completion of removal. If not removed, the
bond will be forfeited, and the sign will be removed by the City pursuant to the
enforcement procedures of section 9405e. The master sign plan should
acknowledge that tenants desiring signs may not be identified during the building
design process or may change over time. Therefore, care should be taken in
size and placement to accommodate future changes.
(d) The master sign plan shall designate a person or firm as the primary liaison with
the City for the purpose of requesting approval of the master sign plan and for
submitting sign permit requests in conformance with the approved master sign
plan.
(e) The master sign plan submitted by the applicant may establish more restrictive
sign standards than those contained in this Chapter.
(f) The master sign plan for a center may deviate from the specific standard for
permanent business identification upon submittal and approval of a conditional
use permit, provided that the center is a single development project of at least
thirty thousand (30,000) building square feet or one (1) acre in project size.
Review criteria.
Ordinance No. 1574
Docusign Envelope ID: E558271 E-OF72-4C7A-B31 B-3F4F8OB87371
Ordinance No. 1574
Page 10
1. General criteria (applicable to all signs). Proposed signs and the materials, size,
color, lettering, location and arrangement thereof shall conform to the following
criteria:
(a) Signs shall be consistent throughout the site by incorporating common design
elements such as quality of materials, letter style, colors (not more than three
(3) excluding black and white per individual sign), illumination, sign type or sign
shape.
(b) Signs shall be compatible with and bear a harmonious relationship to the visual
image and architectural design of the buildings they identify in terms of materials,
colors, and design motif.
(c) Signs shall relate to a human scale and shall be directed toward pedestrians as
well as motorists. The base and supporting structure of all signs shall be
consistent with the size and scale of the advertising surface.
(d) Signs shall contain only that information necessary to identify the businesses or
uses of the property on which the sign is located and be in compliance with
district regulations. Identification of product, trade and service information is
permitted and considered supplemental provided it is subordinate to business
identification. Supplemental signs shall be considered subordinate if no more
than twenty-five (25) percent of the total allowable sign area is used for this
purpose.
(e) Signs shall be appropriately visible, legible, as far as spacing and proportion of
letters and details and shall not dominate the visual quality of the site or obscure
from view existing or adjacent signs.
(f) Signs shall be compatible with the visual characteristics of the development and
signs in the surrounding area and shall not detract from adjacent developed
properties.
(g) New signs in existing developments shall be designed in accordance with the
established master sign plan for the building or center where the signs are to be
located. If a master sign plan does not exist, any new signs shall be designed to
be harmonious with other existing signs on the property and/or architectural
theme or design features of the building(s) or required by any special criteria
pursuant to section 9403h.
(h) Freestanding signs may be located in a required yard setback area provided the
following criteria are met:(1) Said location is not within a required visual
clearance area as shown on section 9412 exhibits.(2) All signs proposed to be
located within the public safety area shall be reviewed and approved by the
Public Works Department.(3) All such signs shall be located a minimum of
twenty-five (25) feet from an interior side property line or fifty (50) feet from
Ordinance No. 1574
Docusign Envelope ID: E558271 E-OF72-4C7A-B31 B-3F4F8OB87371
Ordinance No. 1574
Page 11
another existing pole or monument sign located on an adjacent site, whichever
is less restrictive.(4) In the event of a lighted sign the location will not cause
negative light and glare impacts on adjacent sensitive land uses.
(i) All signs shall conform to provisions contained in section 9404 of this Chapter
and any previously approved master sign plan, on file with the Community
Development Department.
2. Special criteria. The Planning Commission may recommend, and the City
Council may establish more specific design criteria by resolution within certain
portions of the City to encourage signs which are in harmony with established
architectural guidelines in those areas. The specific criteria may be more or less
restrictive than the regulations included in this Chapter.
SECTION 23. 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 24. 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 25. 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.
Ordinance No. 1574
Docusign Envelope ID: E558271 E-OF72-4C7A-B31 B-3F4F8OB87371
Ordinance No. 1574
Page 12
PASSED AND ADOPTED, at a regular meeting of the City Council of the City of
Tustin on this _ day of March, 2026.
AUSTIN LUMBARD
Mayor
ATTEST:
ERICA N. YASUDA
City Clerk
APPROVED AS TO FORM:
DAVID E. KENDIG,
City Attorney
Ordinance No. 1574
Docusign Envelope ID: E558271 E-OF72-4C7A-B31 B-3F4F8OB87371
Ordinance No. 1574
Page 13
STATE OF CALIFORNIA )
COUNTY OF ORANGE ) ss.
CITY OF TUSTIN )
CERTIFICATION FOR ORDINANCE NO. 1574
I, Erica 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. 1574
was duly passed, and adopted at a regular meeting of the Tustin City Council held on
the day of March, 2026, by the following vote:
COUNCILPERSONS AYES:
COUNCILPERSONS NOES:
COUNCILPERSONS ABSTAINED:
COUNCILPERSONS ABSENT:
ERICA YASUDA
City Clerk
Ordinance No. 1574
Docusign Envelope ID: E558271 E-OF72-4C7A-B31 B-3F4F8OB87371
r_%ir_TN:I►yl14►Ia11
AGENDA REPORT ITEM #2
MEETING DATE: JANUARY 27, 2026
TO: PLANNING COMMISSION
FROM: COMMUNITY DEVELOPMENT DEPARTMENT
SUBJECT: CODE AMENDMENT 2025-0002 (ORDINANCE NO. 1574) —
(CODE STREAMLINING AND IMPROVEMENT PROGRAM)
SUMMARY
This project is a City -initiated request to amend various sections of Article 9 (Land Use)
of the Tustin City Code. The proposed Code Amendment 2025-0002 is the result of the
Community Development Department's Streamline Tustin Initiative to make
improvements to the Tustin City Code, simplifying and clarifying land use related
activities. The proposed amendment would do the following:
• Implement various programs from the 2021-2029 Housing Element;
• Clarify the City's prohibition of short-term rentals;
• Update the Accessory Dwelling Unit provisions;
• General corrections and modifications intended to improve clarity, consistency and
readability.
Collectively, the amendments improve clarity, resolve outdated or inconsistent code
sections, and ensure the Tustin City Code remains aligned with current State law and City
policy. Staff continues to evaluate land use —related codes on a regular basis and
introduce amendments when appropriate.
RECOMMENDATION
That the Planning Commission adopt Resolution No. 4538, recommending that the City
Council adopt Ordinance No. 1574, amending various sections of Article 9 (Land Use) of
the Tustin City Code to provide clarity, ensure consistency of terms and definitions,
implement General Plan 2021-2029 Housing Element programs, clarify the prohibition of
short-term rentals, and ensure compliance with evolving State laws.
Docusign Envelope ID: E558271 E-OF72-4C7A-B31 B-3F4F8OB87371
Planning Commission Staff Report
Code Amendment 2025-0002
January 27, 2026
Page 2
APPROVAL AUTHORITY
Pursuant to Tustin City Code § 9295(c), amendments to the Zoning Code may be
initiated by the City's Planning Commission, who, pursuant to Tustin City Code § 9295(f),
shall make a recommendation regarding a proposed Code Amendment to the City Council.
If approved, the Ordinance would go into effect thirty days following a second reading by
the City Council.
BACKGROUND/ANALYSIS
Implementation of General Plan 2021-2029 Housing Element Programs.
Pursuant to State law, the City is required to maintain a Housing Element that ensures an
adequate supply of safe, affordable housing for all socio-economic segments. The City
Council adopted the 2021-2029 Housing Element on October 4, 2022, which was
subsequently certified by the California Department of Housing and Community
Development (HCD) on October 10, 2022. In addition to identifying locations for housing
development, the Housing Element also includes an Implementation Program to facilitate
the City's housing goals, and many of the 82 programs have been implemented since HCD
certification in 2022.
This proposed Code Amendment (CA 2025-0002), will fulfill Implementation Program 2.7(a),
that incorporates definitions and provisions for the approval of "Qualified Employee Housing"
consistent with Health and Safety Code (HSC) §17021.5 and §17021.6. Employee Housing
is defined as housing provided for employees engaged in agricultural or related work, such
as farm workers and their households, and does not mean housing for the general workforce
or employees in non-agricultural industries.
Under this Amendment, the City will treat Employee Housing that serves six or fewer
persons as a single-family dwelling and allow it to be located in residential zones.
Additionally, the City will treat Employee Housing consisting of no more than 12 units or 36
beds as an agricultural land use and allowed in agricultural zones or within a City -approved
Specific Plan. In Tustin, agricultural uses are limited to a single property zoned Residential
Agricultural (RA), located at the northeast corner of Bryan Avenue and Browning Avenue,
and currently developed with an electrical substation. As a result, employee housing
provisions applicable to agricultural uses have limited applicability within the City.
The Code Amendment also addresses Housing Element Implementation Program 3.13(a),
that requires all new multi -family projects comprised of six or more units to include large
family dwellings, which are defined as units with three or more bedrooms. The new
subsection specifies that the large bedroom units need to account for at least five percent
of the project's total number of units.
Short -Term Rentals
Short-term rentals (STR) are residential dwellings that are rented for periods of less than 30
days, and booking transactions typically take place on online platforms such as AirBnB and
Docusign Envelope ID: E558271 E-OF72-4C7A-B31 B-3F4F8OB87371
Planning Commission Staff Report
Code Amendment 2025-0002
January 27, 2026
Page 3
VRBO. Under the City's current interpretation and application of the Tustin City Code (TCC),
STRs are not a listed land use and are therefore not an allowed use within the City's
jurisdictional boundaries.
While STRs are prohibited in practice, the TCC does not currently include an explicit
definition of, or express prohibition on, STRs within Article 9 — Land Use. Instead,
enforcement has relied on related definitions and regulatory terms found in Article 2 —
Revenue and Tax, including "hotels," "lodging," and "transient" uses, which share
operational characteristics with STRs. These lodging -type uses are conditionally permitted
only in commercial or other non-residential zoning districts or specific plans and are not
allowed in residential zones. As a result, STRs are treated as prohibited land use within
residential zoning districts by interpretation rather than clear land use provisions.
To provide clarity and support enforcement efforts, the proposed CA 2025-0002 introduces
a standalone section (Section 9281) within Article 9 — Land Use to establish that short-term
rentals are prohibited uses on any property within the City's residential zones, and within
any other zoning district in the city, including all underlying or base zones, overlay zones,
planned communities and adopted specific plans, in which residential uses are a
permitted use.
Additional code amendments include explicit STR and hosting platform definitions, further
clarifying the prohibition of this land use, and setting the subject land use apart from other
lodging -related uses defined and permitted in the TCC.
Consistency with State ADU Law
State laws governing Accessory Dwelling Units (ADUs) have been updated through recent
legislative actions. As a result, certain provisions of the TCC related to ADUs no longer
reflect current State requirements and include outdated standards and statutory references.
Code Amendment (CA) 2025-0002 addresses these inconsistencies by updating the City's
ADU regulations to align with State legislation adopted during the 2024 legislative session,
including Senate Bill (SB) 1211, SB 477, and Assembly Bill (AB) 2533, as follows:
• Increases allowable detached ADUs on multi -family properties from two to up to
eight, based on the number of existing units to be consistent with State law;
• Eliminates the requirement to replace parking spaces when existing parking is
removed or converted in conjunction with the construction of an ADU;
• Establishes a clear process for the review and legalization of unpermitted ADUs and
JADUs constructed prior to January 1, 2018, limiting the circumstances under which
the City may deny legalization in accordance with State law; and
• Updates outdated and renumbered Government Code references, replacing
obsolete statutory citations with current State code sections to ensure accuracy and
consistency.
These revisions ensure the TCC remains consistent with State ADU law, provide clear and
current standards, and support consistent application by applicants and City staff.
Docusign Envelope ID: E558271 E-OF72-4C7A-B31 B-3F4F8OB87371
Planning Commission Staff Report
Code Amendment 2025-0002
January 27, 2026
Page 4
Miscellaneous Amendments
CA 2025-0002 also includes a series of minor text revisions intended to improve clarity, and
consistency of Article 9 — Land Use. These revisions consist of correcting capitalization for
defined terms, addressing spelling and grammatical errors, and refining procedural
language to better reflect established review processes. The revisions also relocate the
Master Sign Plan criteria to the Master Sign Plan section of the Sign Code, grouping related
requirements together for easier reference and review. Although these edits are non -
substantive, and do not alter the intent or application of existing regulations, they enhance
readability and ensure internal consistency within the TCC.
DISCUSSION
Proposed Code Amendment 2025-0002
The proposed CA 2025-0002 is part of the City's code streamlining and improvement
program and is intended to clarify existing zoning regulations, update code sections to
remain consistent with recent State housing legislation, and implement key programs
from the 2021-2029 Housing Element. The Amendment also includes corrections to
typographical errors, resolves minor inconsistencies, removes outdated references, and
updates provisions related to ADUs, STRs, and other technical items. A summary of the
proposed changes is included in Attachment A.
Consistency with the Tustin General Plan
The proposed CA 2025-0002 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
In accordance with California Government Code Section 65854, as amended by
Assembly Bill 2904 (2024), a 1/8-page public notice was published in the Tustin News on
November 13, 2025, informing the public of the Planning Commission public hearing for
proposed CA 2025-0002. In addition, the public notice was posted at Tustin City Hall, the
Tustin Library, and the Tustin Area Senior Center. On December 9, 2025, the Planning
Commission continued CA 2025-0002 to January 27, 2026. The public hearing was
noticed as required by law.
Docusign Envelope ID: E558271 E-OF72-4C7A-B31 B-3F4F8OB87371
Planning Commission Staff Report
Code Amendment 2025-0002
January 27, 2026
Page 5
ENVIRONMENTAL ANALYSIS
The proposed CA 2025-0002 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.
CONCLUSION
Staff recommends that the Planning Commission adopt Resolution No. 4538,
recommending that the Tustin City Council adopt Ordinance No. 1574, amending various
sections of Article 9 (Land Use) of the TCC to provide clarity, ensure consistency of terms
and definitions, implementation of General Plan 2021-2029 Housing Element programs,
clarify the prohibition of short-term rentals, and ensure compliance with new State laws.
Docusign Envelope ID: E558271 E-OF72-4C7A-B31 B-3F4F8OB87371
Planning Commission Staff Report
Code Amendment 2025-0002
January 27, 2026
Page 6
Prepared by:
Signed by:
B2E5D04D173247B...
Jose Jara
Assistant Planner
Approved by:
Signed by:
C3F97677838E410...
Jay Eastman, AICP
Assistant Community Development
Director - Planning
ESigned by:
ayw�e-n 5avv',
E48A67E1967540F...
Raymond Barragan
Principal Planner
Attachments:
Signed by: (( LLLL//
y6nf, .1n.L
49EF9FCDA908491...
Alexa Smittle
Community Development Director
A. Summary of Proposed Code Amendment
B. Resolution No. 4538
• Exhibit A — Draft Ordinance No. 1574
Docusign Envelope ID: E558271 E-OF72-4C7A-B31 B-3F4F8OB87371
Planning Commission
January 27, 2026
CA 2025-0002
Summary - Code Streamlining and Improvement Program
Attachment A
Amendment Description lReason
Accessory Dwelling Units
Ensures consistency with California Senate Bill 1211(Gov Code Section 66323(4)(A)(iii)); Revises ADU section to
16
9279(D)(3)
allow up to eight (8) detached ADUs on a lot with an existing multifamily dwelling, provided that the number of ADUs
Consistency
(b)(ii)
does not exceed the number of existing units on the lot. On a lot with a proposed multifamily dwelling, not more than
two 2 detached ADUs may be constructed.
17
9279(F)(1)
Ensures consistency with California Senate Bill 477, for the renumbering of sections within Government Code.
Consistency
19
9279 G 6
Ensures consistency with California Senate Bill 477, for the renumbering of sections within Government Code.
Consistency
20
9279(J)
Amends Subsection J with provisions to ensure compliance with Assembly Bill 2533, establishing a process and
Consistency
timeline for the legalization of unpermitted accessory dwelling units (ADUs) constructed prior to January 1, 2020.
21
9279(K)
Amends Subsection J as new Subsection K and ensures consistency with California Senate Bill 477, for the
Consistency
renumbering of sections within Government Code.
18
9279(F)(4)(b)
Correcting typographical error for "fagade"
Typographical
14
9263(g)
Ensures consistency with California Senate Bill 1211 that includes provision where "uncovered parking spaces" are
Consistency
not required to be replaced in conjunction with the construction of an ADU.
Short Term Rentals
22
9281 a - f
Includes a new section for prohibition of short-term rentals within residential zoning districts.
Clarifying
23
9297
Amendment of definitions section to include "Advertisement".
Clarifying
24
9297
Amendment of definitions section to include "Hosting Platform".
Clarifying
25
9297
Amendment of definitions section to include 'Residential Zoning District'.
Clarifying
26
9297
Amendment of definitions section to include "Responsible Party".
Clarifying
27
9297
Amendment of definitions section to include "Short -Term Rental".
Clarifying
2021-2029 Housing Element Implementation Programs
Ensures consistency with 2021-2029 Tustin Housing Element Program 2.7.(a). - Includes provision of "Qualified
15
9271(kk)
Employee Housing" and farmworker housing as appropriate under Health and Safety Code Section 17021.5 and
Consistency
17021.6.
9
9221(a)(7)
Ensures consistency with 2021-2029 Tustin Housing Element Program 2.7.(a). - Includes provision of employee
Consistency
housing as appropriate under Health and Safety Code Section 17021.5 and 17021.6
10
9222(a)(6)
Ensures consistency with 2021-2029 Tustin Housing Element Program 2.7.(a). - Includes provision of employee
Consistency
housing as appropriate under Health and Safety Code Section 17021.5 and 17021.6.
11
9223(a)(8)
Ensures consistency with 2021-2029 Tustin Housing Element Program 2.7.(a). - Includes provision of employee
Consistency
housing as appropriate under Health and Safety Code Section 17021.5 and 17021.6.
Ensures consistency with 2021-2029 Tustin Housing Element Program 3.13(a). - Includes provision to require all new
12
9226(a)(2)(a)
multi -family projects to provide at least five (5) percent large family units (3+ bedrooms) which will prevent
Consistency
overcrowding and further cost burden, by addressing demand for such units and increasing the large units into the
local housing inventory.
Miscellaneous
2
9112
Capitalization of "Natural or Constructed Impediments"
Typographical
3
9112
Capitalization of "Persons and Families of Low or Moderate Income"
Typographical
4
9112
Capitalization of "Qualified Nonprofit Housing Corporation"
Typographical
5
9112
Capitalization of "Shared Housing Building"
Typographical
1of2
Docusign Envelope ID: E558271 E-OF72-4C7A-B31 B-3F4F8OB87371
Planning Commission
January 27, 2026
CA 2025-0002
Summary - Code Streamlining and Improvement Program
Sec.
TCC §
Amendment Description
Reason
6
9112
Capitalization of "Shared Housing Unit'
Typographical
7
9112
Capitalization of "Specific Adverse Impact'
Typographical
8
9112
Capitalization of "Student Housing Development'
Typographical
13
9262(c)(3)
Include clarifying language for parking lot maintenance/restriping permit as it relates to like for like restriping.
Clarifying
28
9299(b)(1)(j)
Removes minor adjustment provision for increase of not more than ten (10) percent of the maximum sign area
allowed, per zoning regulations to be consistent with TCC Section 9403f. TCC § 9403(f) — Sign Permit Requirements,
authorize this deviation to be administratively reviewed and approved by the Community Development Director.
Consistency
29
9403(h)-(i)
I Relocates the Master Sign Plan criteria from subsection (i) to Master Sign Plan subsection (h).
lConsistency, Clarifying
2of2
Docusign Envelope ID: E558271 E-OF72-4C7A-B31 B-3F4F8OB87371
Attachment B
RESOLUTION NO. 4538
A RESOLUTION OF THE PLANNING COMMISSION OF
THE CITY OF TUSTIN, CALIFORNIA, RECOMMENDING
THAT THE CITY COUNCIL ADOPT ORDINANCE NO. 1574,
AMENDING VARIOUS SECTIONS OF ARTICLE 9 (LAND
USE) OF THE TUSTIN CITY CODE (CODE AMENDMENT
2025-0002) TO PROVIDE CLARITY, ENSURE
CONSISTENCY OF TERMS AND DEFINITIONS,
IMPLEMENTATION OF GENERAL PLAN 2021-2029
HOUSING ELEMENT PROGRAMS, CLARIFY THE
PROHIBITION OF SHORT-TERM RENTALS, AND ENSURE
COMPLIANCE WITH NEW STATE LAWS REFLECTING
CURRENT DEVELOPMENT TRENDS
The Planning Commission of Tustin, California does hereby resolve as follows:
The Planning Commission finds and determines as follows:
A. That Chapter 1 of Article 9 of the Tustin City Code (TCC) establishes regulations
implementing State Density Bonus Law (Government Code Section 65915 et
seq.). Chapter 2 of Article 9 of the 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 Code Amendment (CA) 2025-0002 is part of the Community Development
Department's Code Streamlining and Improvement Program and includes updates
to various sections of Article 9 (Land Use) to improve clarity, maintain consistency
with recent State housing legislation.
C. That CA 2025-0002 updates the City's Accessory Dwelling Unit (ADU) regulations
to incorporate recent State -mandated changes, including revised allowances for
detached ADUs, updated statutory references, and provisions for unpermitted
ADUs, ensuring that the City's ADU standards remain consistent with current State
law.
D. That CA 2025-0002 includes updates necessary to implement programs from the
2021-2029 Housing Element, including provisions related to qualified employee
housing and large -family unit requirements to maintain consistency with State law.
E. That CA 2025-0002 clarifies the City's existing prohibition on short-term rentals
and adds definitions and procedural language to support enforcement.
Docusign Envelope ID: E558271 E-OF72-4C7A-B31 B-3F4F8OB87371
Resolution No. 4538
Page 2
F. That the Planning Commission continued the item from the December 9, 2025,
meeting at the request of City staff to allow staff and the applicant additional time
to finalize a few remaining amendments. The item was continued to January 27,
2026.
G. That on December 9, 2025, a public hearing was duly noticed, called, and held by
the Planning Commission on CA 2025-0002 relating to Code Streamlining and
Improvement Program.
H. 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.
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. 1574, amending various Sections of Article 9 (Land Use) of the
TCC (Code Amendment 2025-0002) to provide clarity, ensure consistency of terms
and definitions, implementation of General Plan 2021-2029 Housing Element
programs, clarify the prohibition of short-term rentals, and ensure compliance with
new state laws, attached hereto as Exhibit A.
Docusign Envelope ID: E558271 E-OF72-4C7A-B31 B-3F4F8OB87371
Resolution No. 4538
Page 3
PASSED AND ADOPTED at a regular meeting of the Planning Commission of the City of
Tustin held on the 27th day of January, 2026.
TANNER DOUTHIT
Chairperson
ALEXA SMITTLE
Planning Commission Secretary
STATE OF CALIFORNIA
COUNTY OF ORANGE
CITY OF TUSTIN
I, Alexa Smittle, the undersigned, hereby certify that I am the Planning Commission
Secretary of the City of Tustin, California; that Resolution No. 4538 was passed and adopted
at a regular meeting of the Tustin Planning Commission, held on the 27th day of January,
2026.
PLANNING COMMISSIONER AYES:
PLANNING COMMISSIONER NOES:
PLANNING COMMISSIONER ABSTAINED:
PLANNING COMMISSIONER ABSENT:
ALEXA SMITTLE
Planning Commission Secretary
Exhibit A: Draft Ordinance No. 1574
Docusign Envelope ID: E558271E-OF72-4C7A-B31B-3F4F8OB87371 Exhibit A
DRAFT ORDINANCE NO. 1574
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 2025-0002) TO PROVIDE CLARITY, ENSURE
CONSISTENCY OF TERMS AND DEFINITIONS, IMPLEMENTATION OF GENERAL
PLAN 2021-2029 HOUSING ELEMENT PROGRAMS, CLARIFY THE PROHIBITION OF
SHORT-TERM RENTALS, AND ENSURE COMPLIANCE WITH NEW STATE LAWS
The City Council of the City of Tustin, California does hereby ordain as follows:
SECTION 1. The City Council finds and determines as follows:
That Chapter 1 of Article 9 of the Tustin City Code (TCC) establishes regulations
implementing State Density Bonus Law (Government Code Section 65915 et
seq.). Chapter 2 of Article 9 of the 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.
That Code Amendment (CA) 2025-0002 is part of the Community Development
Department's Code Streamlining and Improvement Program and includes updates
to various sections of Article 9 (Land Use) to improve clarity, maintain consistency
with recent State housing legislation.
That CA 2025-0002 updates the City's Accessory Dwelling Unit regulations to
incorporate recent State -mandated changes, including revised allowances for
detached ADUs, updated statutory references, and provisions for unpermitted
ADUs, ensuring that the City's ADU standards remain consistent with current State
law.
That CA 2025-0002 includes updates necessary to implement programs from the
2021-2029 Housing Element, including provisions related to qualified employee
housing and large -family unit requirements to maintain consistency with State law.
That CA 2025-0002 clarifies the City's existing prohibition on short-term rentals
and adds definitions and procedural language to support enforcement.
Docusign Envelope ID: E558271 E-OF72-4C7A-B31 B-3F4F8OB87371
Ordinance No. 1574
Page 2
That the Planning Commission continued the item from the December 9, 2025,
meeting at the request of City staff to allow time for staff to finalize few remaining
amendments. The item was continued to January 27, 2026.
That on January 27, 2026, a public hearing was duly noticed, called, and held by
the Planning Commission on CA 2025-0002 relating to Code Streamlining and
Improvement Program.
That on , 2026, a public hearing was duly noticed, called, and held on CA
2025-0002 by the City Council.
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 and compliance with state laws.
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 9112 of Part 1 of Chapter 1 of Article 9 of TCC is hereby amended
to read as follows (deleted text in strike out; new text underlined):
"Natural or eConstructed Impediments" includes, but is not limited to, freeways,
rivers, mountains, and bodies of water, but does not include residential structures,
shopping centers, parking lots, or rails used for transit.
SECTION 3. Section 9112 of Part 1 of Chapter 1 of Article 9 of TCC is hereby amended
to read as follows (deleted text in strike out; new text underlined):
"Persons and fFamilies of Low or Moderate Income" means persons and families
whose income does not exceed one hundred twenty (120) percent of area median income
adjusted for family size by the State Department of Housing and Community Development
Ordinance No. 1574
Docusign Envelope ID: E558271 E-OF72-4C7A-B31 B-3F4F8OB87371
Ordinance No. 1574
Page 3
in accordance with adjustment factors adopted and amended from time to time by the
United States Department of Housing and Urban Development pursuant to Section 8 of
the United States Housing Act of 1937.
SECTION 4. Section 9112 of Part 1 of Chapter 1 of Article 9 of TCC is hereby amended
to read as follows (deleted text in strike out; new text underlined):
"Qualified nNonprofit #Housing sCorporation" means a nonprofit housing corporation
organized pursuant to Section 501(c)(3) of the Internal Revenue Code that has received
a welfare exemption under Section 214.15 of the Revenue and Taxation Code for
properties intended to be sold to low-income families who participate in a special no -
interest loan program.
SECTION 5. Section 9112 of Part 1 of Chapter 1 of Article 9 of TCC is hereby amended
to read as follows (deleted text in strike out; new text underlined):
"Shared hHousing bBuilding" means a residential or mixed -use structure, with five
(5) or more shared housing units and one (1) or more common kitchens and dining areas
designed for permanent residence of more than thirty (30) days by its tenants. The
kitchens and dining areas within the shared housing building shall be able to adequately
accommodate all residents. A shared housing building may include other dwelling units
that are not shared housing units, provided that those dwelling units do not occupy more
than twenty-five (25) percent of the floor area of the shared housing building. A shared
housing building may include 100 percent shared housing units.
SECTION 6. Section 9112 of Part 1 of Chapter 1 of Article 9 of TCC is hereby amended
to read as follows (deleted text in strike out; new text underlined):
"Shared #Housing uUnit" means one (1) or more habitable rooms, not within another
dwelling unit, that includes a bathroom, sink, refrigerator, and microwave, is used for
permanent residence, that meets the "minimum room area" specified in Section R304 of
the California Residential Code (Part 2.5 of Title 24 of the California Code of Regulations),
and complies with the definition of "guestroom" in Section R202 of the California
Residential Code.
Ordinance No. 1574
Docusign Envelope ID: E558271 E-OF72-4C7A-B31 B-3F4F8OB87371
Ordinance No. 1574
Page 4
SECTION 7. Section 9112 of Part 1 of Chapter 1 of Article 9 of TCC is hereby amended
to read as follows (deleted text in strike out; new text underlined):
"Specific Adverse +Impact" means a significant, quantifiable, direct, and unavoidable
impact, based on objective, identified written public health or safety standards, policies,
or conditions as they existed on the date the application was deemed complete.
SECTION 8. Section 9112 of Part 1 of Chapter 1 of Article 9 of TCC is hereby amended
to read as follows (deleted text in strike out; new text underlined):
"Student #Housing dDevelopment" means any housing used exclusively for
undergraduate, graduate, or professional students enrolled full time at an institution of
higher education accredited by the Western Association of Schools and Colleges or the
Accrediting Commission for Community and Junior Colleges.
SECTION 9. Section 9221 a of Part 2 of Chapter 2 of Article 9 of TCC is hereby amended
to read as follows (deleted text in strike out; new text underlined):
6. Repealed. Employee Housing (subject to the provisions set forth in Section 9271 kk
and California Health and Safety Code Section 17021).
SECTION 10. Section 9222a of Part 2 of Chapter 2 of Article 9 of TCC is hereby amended
to read as follows (deleted text in strike out; new text underlined):
4. Repeated Employee Housing (subject to the provisions set forth in Section 9271
and California Health and Safetv Code Section 17021).
SECTION 11. Section 9223a of Part 2 of Chapter 2 of Article 9 of TCC is hereby amended
to add new subsection (8) to read as follows (new text underlined):
6. Repealed. Employee Housing (subject to the provisions set forth in Section 9271
and California Health and Safetv Code Section 17021).
SECTION 12. Section 9226a(2) of Part 2 of Chapter 2 of Article 9 of TCC is hereby
amended to add new subsection (a) to read as follows (new text underlined):
2. Multiple family dwellings, apartment houses.
(a) All new multiple family projects totaling six (6) or more units must provide large
family units, defined as units with three (3) or more bedrooms, for at least five percent
(5%) of the total number of units. Any fractional result in the calculation of required large
familv units shall be rounded up to the next whole unit.
Ordinance No. 1574
Docusign Envelope ID: E558271 E-OF72-4C7A-B31 B-3F4F8OB87371
Ordinance No. 1574
Page 5
SECTION 13. Section 9262c(3) of Part 6 of Chapter 2 of Article 9 of TCC is hereby
amended to read as follows (deleted text in strike out; new text underlined):
3.
A parking lot maintenance/restriping permit shall be required prior to commencing any
maintenance activities in the parking lot involving reconfiguration or restripe, like for like,
of an existing parking lot.
SECTION 14. Table 1 of subsection (g) of Section 9263 of Part 6 of Chapter 2 of Article
9 of the TCC is hereby amended to read as follows (new text underlined; deleted text in
strikeout):
Land Use Type
Parking Spaces Required
ADUs
One (1) space per unit or bedroom, whichever is less, in
addition to that required for the primary dwelling.
Off-street parking spaces are not required to be replaced
when an existing garage, carport, er—covered parking
structure, or uncovered parking space is demolished in
conjunction with the construction of an ADU or converted
to an ADU.
SECTION 15. Section 9271 of Part 7 of Chapter 2 of Article 9 of is hereby amended to
read as follows (new text underlined; deleted text in strikeout):
11
Reserved. Qualified Employee Housing
(a) "Employee housing" means both of the following:
1. EmDlovee housina Drovidina accommodations for six (6) or fewer emDlovees
pursuant to California Health and Safety Code section 17021.5(b), shall be deemed a
single-family dwelling and is allowed in residential zones. Employee housing is subject to
all codes, regulations, and other standards generally applicable to other residential
dwellings of the same type in the same zone.
2. EmDlovee housina Drovidina accommodations consistina of no more than thirtv six
(36) beds in group quarters or twelve (12) units or spaces designed for use by a single
family or household, pursuant to Health and Safety Code Section 17021.6(b), shall be
deemed an agricultural land use and is allowed in such zones for agricultural use or an
equivalent agricultural district within a City approved Specific Plan. Employee housing is
subiect to all codes. reaulations. and other standards aenerally applicable to other
agricultural activity in the same zone.
(b) Employee housing is not included within the definition of a boarding house, rooming
house. sinale room occuDancv residence. hotel, dormitorv. or other similar term that
Ordinance No. 1574
Docusign Envelope ID: E558271 E-OF72-4C7A-B31 B-3F4F8OB87371
Ordinance No. 1574
Page 6
implies that the employee housing is a business run for profit or differs in any other way
from a family dwelling.
(c) Employee housing does not include housing that is provided by someone other than
an agricultural employer or an agent thereof if such housing is offered and rented to
nonagricultural employees on the same terms that it is offered to agricultural employees,
none of the occupants of the housing are employ the owner or propertV manager of
the housing, none of the occupants of the housing have rent deducted from their wages,
negotiation of the terms of occupancy of the housing is conducted between each
occupant and the owner or manager of the property, the occupants of the housing are not
required to live in the housing as a condition of employment, and the occupants of the
housina are not referred to live in the housina by the emDlover of the occupants or the
employer's agent, or an agricultural employer.
(d) "Employee" as used in this Section does not include a person engaged in household
domestic service or a person employed under circumstances in which his or her wages
are incidental to professional training or training for a religious vocation and where the
employer is exempt from taxation under the California Constitution. In addition to the
requirements of this Section, employee housing shall comply with the requirements of the
Employee Housing Act (Calif. Health & Safety Code, section 17000 et seg.).
SECTION 16. Section 9279D.3(b)ii of Part 7 of Chapter 2 of Article 9 of the TCC is hereby
amended to read as follows (deleted text in strike out; new text underlined):
ii Detached ADUs. Not more than tleight 8 detached ADUs may be
constructed on a lot with an existing multi -family dwelling, provided that the
number of ADUs does not exceed the number of existing units on the lot. On a lot with a
proposed multifamily dwelling, not more than two (2) detached ADUs may be constructed.
SECTION 17. Section 9279F.1 of Part 7 of Chapter 2 of Article 9 of the TCC is hereby
amended to read as follows (deleted text in strike out; new text underlined):
1. No Separate Conveyance. Except as otherwise provided in Government Code
Section 658�6-66341 or by other applicable law, an ADU or JADU may be rented
separate from the primary residence, but may not be sold or otherwise conveyed separate
from the primary residence, and a lot shall not be subdivided in any manner which would
authorize such separate sale or ownership.
SECTION 18. Subsections (b) of Section 9279F.4 of Part 7 of Chapter 2 of Article 9 of
the TCC is hereby amended to read as follows (new text underlined):
(b) Separate Access. An ADU shall provide separate exterior access from the existing
primary residence. Entry doors cannot be on the same facade as the entry door of the
primary residence, unless this requirement prevents creation of the ADU.
Ordinance No. 1574
Docusign Envelope ID: E558271 E-OF72-4C7A-B31 B-3F4F8OB87371
Ordinance No. 1574
Page 7
SECTION 19. Section 9279G.6 of Part 7 of Chapter 2 of Article 9 of the TCC is hereby
amended to read as follows (deleted text in strike out; new text underlined):
6. Conformity with State Law. The City shall not apply any requirement or
development standard provided for in this chapter to an ADU or a JADU to the extent
prohibited by any provision of State Law, including, but not limited to,_subdiyisien (e)(1
of Government Code Section 65�=66323.
SECTION 20. Section 9279(J) of Part 7 of Chapter 2 of Article 9 of the TCC is hereby
amended to read as follows (deleted text in strike out; new text underlined):
ale
Mi—
Jp
ADUs • JADUs built orior to
1. The City shall not deny a permit for an unpermitted ADU or unpermitted JADU that
was constructed before January 1, 2020, due to either of the following:
(a) The ADU or JADU is in violation of building standards pursuant to Article 1
(commencing with Section 17960) of Chapter 5 of Part 1.5 of Division 13 of the Health
and Safety Code.
(b) The ADU or JADU does not comply with Articles 1 or 3 of Chapter 13, Division 2,
Title 7 of the Government Code. as aDDlicable. or anv local ordinance reaulatina ADUs
2. The City may deny a permit for an ADU or JADU subject to subdivision 1 above if it
makes a finding that correcting the violation is necessary to comply with the standards
specified in Section 17920.3 of the Health and Safety Code.
3. This Section shall not apply to a building that is deemed substandard pursuant to
Section 17920.3 of the Health and Safetv Code.
SECTION 21. Section 9279 of Part 7 of Chapter 2 of Article 9 of the TCC is hereby
amended by adding new subsection (K) to read as follows (new text underlined):
K. Interpretation. The provisions of this Section shall be interpreted to be consistent
with the provisions of Government Code Sections 66310 to 66342 and shall be applied in
a manner consistent with State Law.
SECTION 22. Part 7 of Chapter 2 of Article 9 of the TCC is hereby amended by adding
new Section 9281 to read as follows (new text underlined):
Ordinance No. 1574
Docusign Envelope ID: E558271 E-OF72-4C7A-B31 B-3F4F8OB87371
Ordinance No. 1574
Page 8
9281 — SHORT-TERM RENTALS
Purpose and Intent
The purpose of this Section is to establish that short-term rentals are prohibited uses on
any property within the City's residential zones, and within any other zoning district in the
City, including all underlying or base zones, overlay zones, planned communities and
adopted specific plans, in which residential uses are a permitted use.
Short-term Rentals and Advertisement of Short-term Rentals Prohibited
1. No responsible party shall operate or allow the operation of a short-term rental in any
residential zonina district within the Citv.
2. No responsible party shall post, publish, circulate, broadcast or maintain any
advertisement of a short-term rental prohibited in any residential zoning district within
the City for a period of less than 30 consecutive days including any advertisement for a
daily or weekly rate.
Public Nuisance
Any use or condition caused, or permitted or allowed to exist, continue or remain in
violation of any provision of this Section shall be, and is hereby declared to be, a public
nuisance and may be summarily abated by the City pursuant to Section 1122 and
California Code of Civil Procedure Section 731 or through any other remedy provided
for by law.
D.
Violations; Misdemeanors and Infractions
It shall be unlawful for anv responsible Dartv to violate anv provision or to fail to com
with any of the requirements of this Section. Such a violation may be prosecuted in the
name of the people of the State, redressed by civil action, or resolved by administrative
remedies. Any responsible party who violates or fails to comply with any provision of
this Code or any ordinance is guilty of an infraction or a misdemeanor if the
circumstances so warrant.
E.
Penalties for Violation
The Drovisions of Tustin Citv Code Article 1, Chapter 1. Part 6. Section 1162 shall
Ordinance No. 1574
Docusign Envelope ID: E558271 E-OF72-4C7A-B31 B-3F4F8OB87371
Ordinance No. 1574
Page 9
F.
Hosting Platforms Shall Not Complete Booking Transactions.
1. Hosting platforms shall not complete any booking transaction for short-term rentals
in the City.
2. No later than 30 days after any person seeks to use a hosting platform to complete a
short-term rental in the City, the hosting platform shall provide the Community
Development Director or designee in writing the names of and contact information for
any person responsible for each such listing, the address of each such listing, the length
of stav for each such listina. and the price auoted for each such stay.
3. Hosting platforms shall not collect or receive any compensation, whether monetary
or non -monetary, either directly or indirectly through an agent or intermediary, for
facilitating or providing any short-term rental in the City, including, but not limited to, any
ancillary service related thereto such as insurance, concierge services, catering,
restaurant bookings, tours, guide services, entertainment, cleaning, property
management, or maintenance of the property or unit.
4. A hosting platform which operates in compliance with this Section shall be presumed
to be in compliance with the City's short-term rental regulations except that the hosting
platform remains responsible for complying with an administrative subpoena issued by
the City for the purpose of obtaining any information regarding short-term rental
advertisina or activitv in the Citv.
5. The provisions of this Section shall be interpreted in accordance with otherwise
applicable state and federal law(s) and will not apply if determined by the City to be in
violation of, or preempted by, any such law(s).
SECTION 23. Section 9297 of Part 9 of Chapter 2 of Article 9 of the TCC is hereby
amended to add new definition to read as follows (new text underlined):
"Advertisement" means any announcement, whether in a magazine, newspaper, handbill,
notice, display, billboard, poster, email, internet website, platform or application, any form
of television or radio broadcast or any other form of communication, whose primary
purpose is to propose a transaction.
SECTION 24. Section 9297 of Part 9 of Chapter 2 of Article 9 of the TCC is hereby
amended to add new definition to read as follows (new text underlined):
"Hosting Platform" means any person, corporation or entity of any kind who participates
in the short-term rental business by advertising or collecting or receiving a fee, directly or
indirect) through an agent or intermediary, for conducting short-term rental activity in the
City of any nature.
Ordinance No. 1574
Docusign Envelope ID: E558271 E-OF72-4C7A-B31 B-3F4F8OB87371
Ordinance No. 1574
Page 10
SECTION 25. Section 9297 of Part 9 of Chapter 2 of Article 9 of the TCC is hereby
amended to add new definition to read as follows (new text underlined):
"Residential Zoning District" shall mean all zones within the City of Tustin that support or
include residential uses. whether as a Dermitted use or conditionally permitted use.
SECTION 26. Section 9297 of Part 9 of Chapter 2 of Article 9 of the TCC is hereby
amended to add new definition to read as follows (new text underlined):
"Responsible Party" means any person(s) or entity(ies) that hold(s) legal and/or equitable
title to the real property and/or dwelling unit, including any property owner, lessee or
tenant, or any agent or representative thereof, who causes or permits any violation of this
Code. To cause or permit includes failure to correct or cause correction after receiving
notice from the Citv of the violation.
SECTION 27. Section 9297 of Part 9 of Chapter 2 of Article 9 of the TCC is hereby
amended to add new definition to read as follows (new text underlined):
"Short -Term Rental" means a rental or other occupancy of a dwelling unit or part of a
dwelling unit to visitors where lodging is furnished for a period of thirty (30) consecutive
calendar days or less.
SECTION 28. Section 9299(b)(1)0) of Part 9 of Chapter 2 of Article 9 of TCC is hereby
amended to read as follows (deleted text in strike out; new text underlined):
SECTION 29. Section 9403h and 9403i of Part 9 of Chapter 4 of Article 9 of TCC is
hereby amended to read as follows (deleted text in strike out; new text underlined):
h. Master sign plans. A master sign plan is required for developments in specific
plan, planned development and planned community districts, multi -use sites, multi -tenant
centers and mixed -use districts in the City. The purpose of a master sign plan is to
encourage coordinated and quality sign design (integrated with architectural style of
project) on sites where a large number of signs will occur. In addition, the master sign
plan should include permanent directional/information signs to facilitate smooth internal
circulation by the motorist.
Ordinance No. 1574
Docusign Envelope ID: E558271 E-OF72-4C7A-B31 B-3F4F8OB87371
Ordinance No. 1574
Page 11
1. Requirements for a Master Sign Plan. After approval of a master sign plan, no
sign shall be erected, placed, painted or maintained except in conformance with such
plan, and such plan may be enforced in the same way as any provision of this ordinance
unless a modification to the master sign plan is approved. In case of any conflict between
the provisions of such a plan and this ordinance, the ordinance takes precedence. In
addition to all of the requirements for standard sign plans contained in Section 9403g of
this Chapter, the following additional information shall be required for a master sign plan:
4 Plan specifications including the type and texture of materials and colors
proposed for the signs and the building facade.
A colored elevation of the proposed signs as they would appear on the
building facade.
3- Drawings illustrating the lettering styles and sizes proposed and the use of
logos, if any.
4. Color photographs of buildings and signs on adjacent sites.
Le ) Any regulations that are more restrictive than those included in the sign
code pertaining to use, location and size of signs.
G"MOM 7Z1111llP.I:TI��>7.TT..TS.ClIP.f:ts1:*:i!".T'7"L. T1'i�1
Ordinance No. 1574
Docusign Envelope ID: E558271 E-OF72-4C7A-B31 B-3F4F8OB87371
Ordinance No. 1574
Page 12
S.
r
. r
Ordinance No. 1574
Docusign Envelope ID: E558271 E-OF72-4C7A-B31 B-3F4F8OB87371
Ordinance No. 1574
Page 13
2. Master sign plan criteria. In addition to general criteria listed in Section 9403i of
this Chapter, master sign plans shall be reviewed for conformance with the
following criteria:
(a) Signs shall reflect a common theme, incorporating design elements in terms of
materials, letter styles, colors, illumination, sign type and sign shape.
(b) Signs shall utilize materials, colors, and a design motif which are compatible and
which reflect the special qualities of the architecture of the buildings on the site
in both daytime and nighttime situations.
(c) For developments with existing signs, the master sign plan shall designate
appropriate replacements, if any, which are consistent with the new signage.
Where such signs cannot be replaced immediately, a schedule or phasing plan
for bringing such signs into conformance with the master sign plan shall be
submitted and become part of the approval. A cash bond, based upon the
estimated cost to remove the sign, may be required to guarantee their removal.
Bond is returnable upon successful completion of removal. If not removed, the
bond will be forfeited, and the sign will be removed by the City pursuant to the
enforcement procedures of section 9405e. The master sign plan should
acknowledge that tenants desiring signs may not be identified during the building
design process or may change over time. Therefore, care should be taken in
size and placement to accommodate future changes.
(d) The master sign plan shall designate a person or firm as the primary liaison with
the City for the purpose of requesting approval of the master sign plan and for
submitting sign permit requests in conformance with the approved master sign
plan.
(e) The master sign plan submitted by the applicant may establish more restrictive
sign standards than those contained in this Chapter. Conversely, a master i-
upon submittal and approval of a GenditiORal use permit, previd (30,000)
buoldono—r-.-o-.-,-!-P.c-Q--kQQi Q J � ..�.Q .:oo'eGt size.
The master sign plan for a center may deviate from the specific standard for
permanent business identification upon submittal and approval of a conditional
Ordinance No. 1574
Docusign Envelope ID: E558271 E-OF72-4C7A-B31 B-3F4F8OB87371
Ordinance No. 1574
Page 14
use permit, provided that the center is a single development project of at least
thirty thousand (30,000) building square feet or one (1) acre in project size.
i. Review criteria.
1. General criteria (applicable to all signs). Proposed signs and the materials, size,
color, letterina, location and arranaement thereof shall conform to the followina
criteria:
(a) Signs shall be consistent throughout the site by incorporating common design
elements such as quality of materials, letter style, colors (not more than three
(3) excluding black and white per individual sign), illumination, sign type or sign
shape.
b) Sians shall be comaatible with and bear a harmonious relationship to the visual
image and architectural design of the buildings they identify in terms of materials,
colors, and design motif.
Signs shall relate to a human scale and shall be directed toward pedestrians as
well as motorists. The base and supporting structure of all signs shall be
consistent with the size and scale of the advertising surface.
Signs shall contain only that information necessary to identify the businesses or
uses of the property on which the sign is located and be in compliance with
district regulations. Identification of product, trade and service information is
permitted and considered supplemental provided it is subordinate to business
identification. Supplemental signs shall be considered subordinate if no more
than twenty-five (25) percent of the total allowable sign area is used for this
purpose.
(e) Signs shall be appropriately visible, legible, as far as spacing and proportion of
letters and details and shall not dominate the visual quality of the site or obscure
from view existina or adiacent sians.
Ordinance No. 1574
Docusign Envelope ID: E558271 E-OF72-4C7A-B31 B-3F4F8OB87371
Ordinance No. 1574
Page 15
(f) Signs shall be compatible with the visual characteristics of the development and
sians in the surroundina area and shall not detract from adiacent develoaed
properties.
(g) New signs in existing developments shall be designed in accordance with the
established master sign plan for the building or center where the signs are to be
located. If a master sign plan does not exist, any new signs shall be designed to
be harmonious with other existing signs on the property and/or architectural
theme or design features of the building(s) or required by any special criteria
pursuant to section 9403h.
(h) Freestanding signs may be located in a required yard setback area provided the
following criteria are met:0) Said location is not within a required visual
clearance area as shown on section 9412 exhibits.(2) All signs proposed to be
located within the public safety area shall be reviewed and approved by the
Public Works Department.(3) All such signs shall be located a minimum of
twenty-five (25) feet from an interior side property line or fifty (50) feet from
another existing pole or monument sign located on an adjacent site, whichever
is less restrictive.(4) In the event of a lighted sign the location will not cause
negative light and glare impacts on adjacent sensitive land uses.
All signs shall conform to provisions contained in section 9404 of this Chapter
and any previously approved master sign plan, on file with the Community
Development Department.
2. Special criteria. The Planning Commission may recommend, and the City
Council may establish more specific design criteria by resolution within certain
portions of the City to encourage signs which are in harmony with established
architectural auidelines in those areas. The specific criteria may be more or less
restrictive than the regulations included in this Chapter.
SECTION 30. 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 31. 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.
Ordinance No. 1574
Docusign Envelope ID: E558271 E-OF72-4C7A-B31 B-3F4F8OB87371
Ordinance No. 1574
Page 16
SECTION 32. 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 , 2026.
AUSTIN LUMBARD
Mayor
ATTEST:
ERICA N. YASUDA
City Clerk
Ordinance No. 1574
Docusign Envelope ID: E558271 E-OF72-4C7A-B31 B-3F4F8OB87371
Ordinance No. 1574
Page 17
STATE OF CALIFORNIA )
COUNTY OF ORANGE ) ss.
CITY OF TUSTIN )
CERTIFICATION FOR ORDINANCE NO. 1574
I, Erica 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. 1574 was duly
passed, and adopted at a regular meeting of the Tustin City Council held on the day
of , 2026, by the following vote:
COUNCILPERSONS AYES:
COUNCILPERSONS NOES:
COUNCILPERSONS ABSTAINED:
COUNCILPERSONS ABSENT:
ERICA YASUDA
City Clerk
Published:
Ordinance No. 1574
Docusign Envelope ID: E558271E-OF72-4C7A-B31B-3F4F8OB87371 ATTACHMENT E
RESOLUTION NO. 4538
A RESOLUTION OF THE PLANNING COMMISSION OF
THE CITY OF TUSTIN, CALIFORNIA, RECOMMENDING
THAT THE CITY COUNCIL ADOPT ORDINANCE NO. 1574,
AMENDING VARIOUS SECTIONS OF ARTICLE 9 (LAND
USE) OF THE TUSTIN CITY CODE (CODE AMENDMENT
2025-0002) TO PROVIDE CLARITY, ENSURE
CONSISTENCY OF TERMS AND DEFINITIONS,
IMPLEMENTATION OF GENERAL PLAN 2021-2029
HOUSING ELEMENT PROGRAMS, CLARIFY THE
PROHIBITION OF SHORT-TERM RENTALS, AND ENSURE
COMPLIANCE WITH NEW STATE LAWS REFLECTING
CURRENT DEVELOPMENT TRENDS
The Planning Commission of Tustin, California does hereby resolve as follows:
The Planning Commission finds and determines as follows:
A. That Chapter 1 of Article 9 of the Tustin City Code (TCC) establishes regulations
implementing State Density Bonus Law (Government Code Section 65915 et
seq.). Chapter 2 of Article 9 of the 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 Code Amendment (CA) 2025-0002 is part of the Community Development
Department's Code Streamlining and Improvement Program and includes updates
to various sections of Article 9 (Land Use) to improve clarity, maintain consistency
with recent State housing legislation.
C. That CA 2025-0002 includes updates necessary to implement programs from the
2021-2029 Housing Element, including provisions related to qualified employee
housing and large -family unit requirements to maintain consistency with State law.
D. That CA 2025-0002 clarifies the City's existing prohibition on short-term rentals
and adds definitions and procedural language to support enforcement.
E. That on December 9, 2025, a public hearing was duly noticed, called, and held by
the Planning Commission on CA 2025-0002 relating to Code Streamlining and
Improvement Program.
Docusign Envelope ID: E558271 E-OF72-4C7A-B31 B-3F4F8OB87371
Resolution No. 4538
Page 2
F. That the Planning Commission continued the item from the December 9, 2025,
meeting at the request of City staff to allow staff and the applicant additional time
to finalize a few remaining amendments. The item was continued to January 27,
2026.
G. That at the January 27, 2026 public hearing the Planning Commission chose to
remove from consideration code amendments related to Accessory Dwelling Units,
at staff's recommendation, due to a comment letter received earlier in the day, and
thereby only consider the balance of the proposed Code Amendments not related
to Accessory Dwelling Units.
H. 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.
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. 1574, amending various Sections of Article 9 (Land Use) of the TCC (Code
Amendment 2025-0002) to provide clarity, ensure consistency of terms and
definitions, implementation of General Plan 2021-2029 Housing Element programs,
clarify the prohibition of short-term rentals, and ensure compliance with new state
laws, attached hereto as Exhibit A.
Docusign Envelope ID: E558271 E-OF72-4C7A-B31 B-3F4F8OB87371
Resolution No. 4538
Page 3
PASSED AND ADOPTED at a regular meeting of the Planning Commission of the City of
Tustin held on the 27t" day of January, 2026.
TANNER DOUTHIT
Chairperson
ALEXA SMITTLE
Planning Commission Secretary
APPROVED AS TO FORM:
N&lac,(, vau k
MICHAEL DAUDT
Assistant City Attorney
Docusign Envelope ID: E558271 E-OF72-4C7A-B31 B-3F4F8OB87371
Resolution No. 4538
Page 4
STATE OF CALIFORNIA
COUNTY OF ORANGE
CITY OF TUSTIN
I, Alexa Smittle, the undersigned, hereby certify that I am the Planning Commission
Secretary of the City of Tustin, California; that Resolution No. 4538 was passed and adopted
at a regular meeting of the Tustin Planning Commission, held on the 27th day of January,
2026.
PLANNING COMMISSIONER AYES: DOUTHIT, GULLO, HIGUCHI, KOZAK, MASON (5)
PLANNING COMMISSIONER NOES:
PLANNING COMMISSIONER ABSTAINED:
PLANNING COMMISSIONER ABSENT:
ALEXA SMITTLE
Planning Commission Secretary
Exhibit A: Draft Ordinance No. 1574
Docusign Envelope ID: E558271 E-OF72-4C7A-B31 B-3F4F8OB87371
DRAFT ORDINANCE NO. 1574
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 2025-0002) TO PROVIDE CLARITY, ENSURE
CONSISTENCY OF TERMS AND DEFINITIONS, IMPLEMENTATION OF GENERAL
PLAN 2021-2029 HOUSING ELEMENT PROGRAMS, CLARIFY THE PROHIBITION OF
SHORT-TERM RENTALS, AND ENSURE COMPLIANCE WITH NEW STATE LAWS
The City Council of the City of Tustin, California does hereby ordain as follows:
SECTION 1. The City Council finds and determines as follows:
That Chapter 1 of Article 9 of the Tustin City Code (TCC) establishes regulations
implementing State Density Bonus Law (Government Code Section 65915 et
seq.). Chapter 2 of Article 9 of the 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.
That Code Amendment (CA) 2025-0002 is part of the Community Development
Department's Code Streamlining and Improvement Program and includes updates
to various sections of Article 9 (Land Use) to improve clarity, maintain consistency
with recent State housing legislation.
That CA 2025-0002 includes updates necessary to implement programs from the
2021-2029 Housing Element, including provisions related to qualified employee
housing and large -family unit requirements to maintain consistency with State law.
That CA 2025-0002 clarifies the City's existing prohibition on short-term rentals
and adds definitions and procedural language to support enforcement.
That the Planning Commission continued the item from the December 9, 2025,
meeting at the request of City staff to allow time for staff to finalize few remaining
amendments. The item was continued to January 27, 2026.
That on January 27, 2026, a public hearing was duly noticed, called, and held by
the Planning Commission on CA 2025-0002 relating to Code Streamlining and
Improvement Program.
Docusign Envelope ID: E558271 E-OF72-4C7A-B31 B-3F4F8OB87371
Ordinance No. 1574
Page 2
That on , 2026, a public hearing was duly noticed, called, and held on CA
2025-0002 by the City Council.
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 and compliance with state laws.
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 9112 of Part 1 of Chapter 1 of Article 9 of TCC is hereby amended
to read as follows (deleted text in strike out; new text underlined):
"Natural or GConstructed Impediments" includes, but is not limited to, freeways,
rivers, mountains, and bodies of water, but does not include residential structures,
shopping centers, parking lots, or rails used for transit.
SECTION 3. Section 9112 of Part 1 of Chapter 1 of Article 9 of TCC is hereby amended
to read as follows (deleted text in strike out; new text underlined):
"Persons and fFamilies of Low or Moderate Income" means persons and families
whose income does not exceed one hundred twenty (120) percent of area median income
adjusted for family size by the State Department of Housing and Community Development
in accordance with adjustment factors adopted and amended from time to time by the
United States Department of Housing and Urban Development pursuant to Section 8 of
the United States Housing Act of 1937.
SECTION 4. Section 9112 of Part 1 of Chapter 1 of Article 9 of TCC is hereby amended
to read as follows (deleted text in strike out; new text underlined):
"Qualified 14Nonprofit 141-Iousing sCorporation" means a nonprofit housing corporation
organized pursuant to Section 501(c)(3) of the Internal Revenue Code that has received
a welfare exemption under Section 214.15 of the Revenue and Taxation Code for
Ordinance No. 1574
Docusign Envelope ID: E558271 E-OF72-4C7A-B31 B-3F4F8OB87371
Ordinance No. 1574
Page 3
properties intended to be sold to low-income families who participate in a special no -
interest loan program.
SECTION 5. Section 9112 of Part 1 of Chapter 1 of Article 9 of TCC is hereby amended
to read as follows (deleted text in strike out; new text underlined):
"Shared #Housing bBuilding" means a residential or mixed -use structure, with five
(5) or more shared housing units and one (1) or more common kitchens and dining areas
designed for permanent residence of more than thirty (30) days by its tenants. The
kitchens and dining areas within the shared housing building shall be able to adequately
accommodate all residents. A shared housing building may include other dwelling units
that are not shared housing units, provided that those dwelling units do not occupy more
than twenty-five (25) percent of the floor area of the shared housing building. A shared
housing building may include 100 percent shared housing units.
SECTION 6. Section 9112 of Part 1 of Chapter 1 of Article 9 of TCC is hereby amended
to read as follows (deleted text in strike out; new text underlined):
"Shared #Housing uUnit" means one (1) or more habitable rooms, not within another
dwelling unit, that includes a bathroom, sink, refrigerator, and microwave, is used for
permanent residence, that meets the "minimum room area" specified in Section R304 of
the California Residential Code (Part 2.5 of Title 24 of the California Code of Regulations),
and complies with the definition of "guestroom" in Section R202 of the California
Residential Code.
SECTION 7. Section 9112 of Part 1 of Chapter 1 of Article 9 of TCC is hereby amended
to read as follows (deleted text in strike out; new text underlined):
"Specific Adverse +Impact" means a significant, quantifiable, direct, and unavoidable
impact, based on objective, identified written public health or safety standards, policies,
or conditions as they existed on the date the application was deemed complete.
SECTION 8. Section 9112 of Part 1 of Chapter 1 of Article 9 of TCC is hereby amended
to read as follows (deleted text in strike out; new text underlined):
"Student bHousing dDevelopment" means any housing used exclusively for
undergraduate, graduate, or professional students enrolled full time at an institution of
higher education accredited by the Western Association of Schools and Colleges or the
Accrediting Commission for Community and Junior Colleges.
SECTION 9. Section 9221 a of Part 2 of Chapter 2 of Article 9 of TCC is hereby amended
to read as follows (deleted text in strike out; new text underlined):
6. Repealed. Employee Housing (subject to the provisions set forth in Section 9271 kk
and California Health and Safetv Code Section 17021).
Ordinance No. 1574
Docusign Envelope ID: E558271 E-OF72-4C7A-B31 B-3F4F8OB87371
Ordinance No. 1574
Page 4
SECTION 10. Section 9222a of Part 2 of Chapter 2 of Article 9 of TCC is hereby amended
to read as follows (deleted text in strike out; new text underlined):
4. C?ori c pealed. Employee Housing (subject to the provisions set forth in Section 9271
and California Health and Safety Code Section 17021).
SECTION 11. Section 9223a of Part 2 of Chapter 2 of Article 9 of TCC is hereby amended
to add new subsection (8) to read as follows (new text underlined):
6. C?ori c pealed. Employee Housing (subject to the provisions set forth in Section 9271
and California Health and Safety Code Section 17021).
SECTION 12. Section 9226a(2) of Part 2 of Chapter 2 of Article 9 of TCC is hereby
amended to add new subsection (a) to read as follows (new text underlined):
2. Multiple family dwellings, apartment houses.
(a) All new multiple family projects totaling six (6) or more units must provide large
family units, defined as units with three (3) or more bedrooms, for at least five percent
(5%) of the total number of units. Anv fractional result in the calculation of reauired larae
family units shall be rounded up to the next whole unit.
SECTION 13. Section 9262c(3) of Part 6 of Chapter 2 of Article 9 of TCC is hereby
amended to read as follows (deleted text in strike out; new text underlined):
3. A parking lot maintenance/restriping permit shall be required prior to commencing
any maintenance activities in the parking lot involving reconfiguration or restripe,
like for like, of an existing parking lot.
SECTION 14. Section 9271 of Part 7 of Chapter 2 of Article 9 of is hereby amended to
read as follows (new text underlined; deleted text in strikeout):
Jl
Reserved, Qualified Employee Housing
(a) "Employee housing" means both of the following:
1. Employee housing providing accommodation for six (6) or fewer employees,
pursuant to California Health and Safety Code section 17021.5(b), shall be deemed
a single-family dwelling and is allowed in residential zones. Employee housing is
subject to all codes, regulations, and other standards generally applicable to other
residential dwellings of the same type in the same zone.
2. Employee housing providing accommodations consisting of no more than thirty six
(36) beds in group quarters or twelve (12) units or spaces designed for use by a
single family or household, pursuant to Health and Safety Code Section 17021.6(b),
Ordinance No. 1574
Docusign Envelope ID: E558271 E-OF72-4C7A-B31 B-3F4F8OB87371
Ordinance No. 1574
Page 5
shall be deemed an agricultural land use and is allowed in such zones for agricultural
use or an equivalent agricultural district within a City approved Specific Plan.
Employee housing is subject to all codes, regulations, and other standards generally
applicable to other aaricultural activitv in the same zone.
(b) Employee housing is not included within the definition of a boarding house, rooming
house, single room occupancy residence, hotel, dormitory, or other similar term that
implies that the employee housing is a business run for profit or differs in any other
way from a family dwelling.
(c) Employee housing does not include housing that is provided by someone other than
an agricultural employer or an agent thereof if such housing is offered and rented to
nonagricultural employees on the same terms that it is offered to agricultural
employees, none of the occupants of the housing are employed by the owner or
property manager of the housing, none of the occupants of the housing have rent
deducted from their wages, negotiation of the terms of occupancy of the housing is
conducted between each occupant and the owner or manager of the property, the
occupants of the housing are not required to live in the housing as a condition of
employment, and the occupants of the housing are not referred to live in the housing
by the employer of the occupants or the employer's agent, or an agricultural
employer.
(d) "Employee" as used in this Section does not include a person engaged in household
domestic service or a person employed under circumstances in which his or her
wages are incidental to professional training or training for a religious vocation and
where the employer is exempt from taxation under the California Constitution. In
addition to the requirements of this Section, employee housing shall comply with the
requirements of the Employee Housing Act (Calif. Health & Safety Code, section
17000 et seg.).
SECTION 15. Part 7 of Chapter 2 of Article 9 of the TCC is hereby amended by adding
new Section 9281 to read as follows (new text underlined):
9281 — SHORT-TERM RENTALS
A. Purpose and Intent.
The purpose of this Section is to establish that short-term rentals are prohibited uses
on any property within the City's residential zones, and within any other zoning
district in the City, including all underlying or base zones, overlay zones, planned
communities and adopted specific plans, in which residential uses are a permitted
use.
B. Short-term Rentals and Advertisement of Short-term Rentals Prohibited
Ordinance No. 1574
Docusign Envelope ID: E558271 E-OF72-4C7A-B31 B-3F4F8OB87371
Ordinance No. 1574
Page 6
1. No responsible party shall operate or allow the operation of a short-term rental
in any residential zoning district within the City.
2. No responsible party shall post, publish, circulate, broadcast or maintain any
advertisement of a short-term rental prohibited in any residential zoning
district within the City for a period of less than 30 consecutive days including
anv advertisement for a daily or weeklv rate.
C. Public Nuisance.
Any use or condition caused, or permitted or allowed to exist, continue or remain in
violation of any provision of this Section shall be, and is hereby declared to be, a
public nuisance and may be summarily abated by the City pursuant to Section 1122
and California Code of Civil Procedure Section 731 or through any other remedy
provided for by law.
D. Violations; Misdemeanors and Infractions.
It shall be unlawful for any responsible party to violate any provision or to fail to
comply with any of the requirements of this Section. Such a violation may be
prosecuted in the name of the people of the State, redressed by civil action, or
resolved by administrative remedies. Any responsible party who violates or fails to
comDly with anv provision of this Code or anv Citv ordinance is auiltv of an
infraction or a misdemeanor if the circumstances so warrant.
E. Penalties for Violation.
The provisions of Tustin City Code Article 1, Chapter 1, Part 6, Section 1162 shall
apply.
F. Hostina Platforms Shall Not Complete Bookina Transactions.
1. Hosting platforms shall not complete any booking transaction for short-term
rentals in the Citv.
2. No later than 30 days after any person seeks to use a hosting platform to
complete a short-term rental in the City, the hosting platform shall provide the
Community Development Director or designee in writing the names of and
contact information for any person responsible for each such listing, the
address of each such listing, the length of stay for each such listing, and the
price quoted for each such stay.
3. Hosting platforms shall not collect or receive any compensation, whether
monetary or non -monetary, either directly or indirectly through an agent or
intermediary, for facilitating or providing any short-term rental in the City,
including, but not limited to, any ancillary service related thereto such as
Ordinance No. 1574
Docusign Envelope ID: E558271 E-OF72-4C7A-B31 B-3F4F8OB87371
Ordinance No. 1574
Page 7
insurance, concierge services, catering, restaurant bookings, tours, guide
services, entertainment, cleaning, property management, or maintenance of
the property or unit.
4. A hosting platform which operates in compliance with this Section shall be
presumed to be in compliance with the City's short-term rental regulations
except that the hosting platform remains responsible for complying with an
administrative subpoena issued by the City for the purpose of obtaining any
information regarding short-term rental advertising or activity in the City.
5. The provisions of this Section shall be interpreted in accordance with
otherwise applicable state and federal law(s) and will not apply if determined
by the City to be in violation of, or preempted by, any such law(s).
SECTION 16. Section 9297 of Part 9 of Chapter 2 of Article 9 of the TCC is hereby
amended to add new definition to read as follows (new text underlined):
"Advertisement" means any announcement, whether in a magazine, newspaper, handbill,
notice, display, billboard, poster, email, internet website, platform or application, any form
of television or radio broadcast or anv other form of communication. whose orimary
purpose is to propose a transaction.
SECTION 17. Section 9297 of Part 9 of Chapter 2 of Article 9 of the TCC is hereby
amended to add new definition to read as follows (new text underlined):
"Hosting Platform" means any person, corporation or entity of any kind who participates
in the short-term rental business by advertising or collecting or receiving a fee, directly or
indirectly through an agent or intermediary, for conducting short-term rental activity in the
City of any nature.
SECTION 18. Section 9297 of Part 9 of Chapter 2 of Article 9 of the TCC is hereby
amended to add new definition to read as follows (new text underlined):
"Residential Zoning District" shall mean all zones within the City of Tustin that support or
include residential uses. whether as a permitted use or conditionallv aermitted use.
SECTION 19. Section 9297 of Part 9 of Chapter 2 of Article 9 of the TCC is hereby
amended to add new definition to read as follows (new text underlined):
"Responsible Party" means any person(s) or entity(ies) that hold(s) legal and/or equitable
title to the real property and/or dwelling unit, including any property owner, lessee or
tenant, or any agent or representative thereof, who causes or permits any violation of this
Code. To cause or permit includes failure to correct or cause correction after receiving
notice from the City of the violation.
Ordinance No. 1574
Docusign Envelope ID: E558271 E-OF72-4C7A-B31 B-3F4F8OB87371
Ordinance No. 1574
Page 8
SECTION 20. Section 9297 of Part 9 of Chapter 2 of Article 9 of the TCC is hereby
amended to add new definition to read as follows (new text underlined):
"Short -Term Rental" means a rental or other occupancy of a dwelling unit or part of a
dwelling unit to visitors where lodging is furnished for a period of thirty (30) consecutive
calendar days or less.
SECTION 21. Section 9299(b)(1)0) of Part 9 of Chapter 2 of Article 9 of TCC is hereby
amended to read as follows (deleted text in strike out; new text underlined):
SECTION 22. Section 9403h and 9403i of Part 9 of Chapter 4 of Article 9 of TCC is
hereby amended to read as follows (deleted text in strike out; new text underlined):
h. Master sign plans. A master sign plan is required for developments in specific plan,
planned development and planned community districts, multi -use sites, multi -tenant
centers and mixed -use districts in the City. The purpose of a master sign plan is to
encourage coordinated and quality sign design (integrated with architectural style of
project) on sites where a large number of signs will occur. In addition, the master sign
plan should include permanent directional/information signs to facilitate smooth
internal circulation by the motorist.
Requirements for a Master Sign Plan. After approval of a master sign plan, no sign
shall be erected, placed, painted or maintained except in conformance with such plan,
and such plan may be enforced in the same way as any provision of this ordinance
unless a modification to the master sign plan is approved. In case of any conflict
between the provisions of such a plan and this ordinance, the ordinance takes
precedence. In addition to all of the requirements for standard sign plans contained in
Section 9403g of this Chapter, the following additional information shall be required
for a master sign plan:
4 La) Plan specifications including the type and texture of materials and colors
proposed for the signs and the building facade.
A colored elevation of the proposed signs as they would appear on the
building facade.
3 Lc) Drawings illustrating the lettering styles and sizes proposed and the use of
logos, if any.
4 Color photographs of buildings and signs on adjacent sites.
Ordinance No. 1574
Docusign Envelope ID: E558271 E-OF72-4C7A-B31 B-3F4F8OB87371
Ordinance No. 1574
Page 9
Any regulations that are more restrictive than those included in the sign
code pertaining to use, location and size of signs.
........ .....
--- -.
Wall
rn�w_..
advertisingwell as meterists. The base and SUPPOFtoRg StF6IGt6IFe of all SigRS shall be
Gensistent with the size and SGale of the
Ordinance No. 1574
Docusign Envelope ID: E558271 E-OF72-4C7A-B31 B-3F4F8OB87371
Ordinance No. 1574
Page 10
'terma are Fnet:(! )Said IGGatien is net within a required visual Glearan
Departrnent.(3)AII SUGh signs shall be IeGated a minimurn ef twenty five (25)
1
frern an Onterier side property fifty --le
I
the event ef a lighted sign the leGatien Will Ret Gause negative light and glare
i mpacts on adjaGent sensitive land uses.
kill
- -"r-91K MIMES
■ - ■ - r
2. Master sign plan criteria. In addition to general criteria listed in Section 9403i of
this Chapter, master sign plans shall be reviewed for conformance with the
following criteria:
(a) Signs shall reflect a common theme, incorporating design elements in terms of
materials, letter styles, colors, illumination, sign type and sign shape.
(b) Signs shall utilize materials, colors, and a design motif which are compatible and
which reflect the special qualities of the architecture of the buildings on the site
in both daytime and nighttime situations.
(c) For developments with existing signs, the master sign plan shall designate
appropriate replacements, if any, which are consistent with the new signage.
Where such signs cannot be replaced immediately, a schedule or phasing plan
for bringing such signs into conformance with the master sign plan shall be
submitted and become part of the approval. A cash bond, based upon the
estimated cost to remove the sign, may be required to guarantee their removal.
Bond is returnable upon successful completion of removal. If not removed, the
bond will be forfeited, and the sign will be removed by the City pursuant to the
enforcement procedures of section 9405e. The master sign plan should
acknowledge that tenants desiring signs may not be identified during the building
design process or may change over time. Therefore, care should be taken in
size and placement to accommodate future changes.
(d) The master sign plan shall designate a person or firm as the primary liaison with
the City for the purpose of requesting approval of the master sign plan and for
submitting sign permit requests in conformance with the approved master sign
plan.
(e) The master sign plan submitted by the applicant may establish more restrictive
sign standards than those contained in this Chapter. GGRV8rsely,
a master &k "
planfor Genter may deviate from the speGif� G standard for permanent business.
Ordinance No. 1574
Docusign Envelope ID: E558271 E-OF72-4C7A-B31 B-3F4F8OB87371
Ordinance No. 1574
Page 11
. IApo A
WIN
The master sign plan for a center may deviate from the specific standard for
permanent business identification upon submittal and approval of a conditional
use permit, provided that the center is a single development project of at least
thirty thousand (30,000) building square feet or one (1) acre in project size.
i. Review criteria.
1. General criteria (applicable to all signs). Proposed signs and the materials, size,
color, lettering, location and arrangement thereof shall conform to the following
criteria:
(a) Signs shall be consistent throughout the site by incorporating common design
elements such as quality of materials, letter style, colors (not more than three
(3) excluding black and white per individual sign), illumination, sign type or sign
shape.
(b) Signs shall be compatible with and bear a harmonious relationship to the visual
image and architectural design of the buildings they identify in terms of materials,
colors, and design motif.
c) Sians shall relate to a human scale and shall be directed toward pedestrians as
well as motorists. The base and supporting structure of all signs shall be
consistent with the size and scale of the advertisina surface.
(d) Signs shall contain only that information necessary to identify the businesses or
uses of the property on which the sign is located and be in compliance with
district regulations. Identification of product, trade and service information is
permitted and considered supplemental provided it is subordinate to business
identification. Supplemental signs shall be considered subordinate if no more
than twenty-five (25) percent of the total allowable sign area is used for this
purpose.
(e) Signs shall be appropriately visible, legible, as far as spacing and proportion of
letters and details and shall not dominate the visual auality of the site or obscure
from view existing or adjacent signs.
Ordinance No. 1574
Docusign Envelope ID: E558271 E-OF72-4C7A-B31 B-3F4F8OB87371
Ordinance No. 1574
Page 12
Signs shall be compatible with the visual characteristics of the development and
signs in the surrounding area and shall not detract from adjacent developed
properties.
(g) New signs in existing developments shall be designed in accordance with the
established master sign plan for the building or center where the signs are to be
located. If a master sign plan does not exist, any new signs shall be designed to
be harmonious with other existing signs on the property and/or architectural
theme or desian features of the buildina(s) or reauired by anv saecial criteria
ursuant to section 9403h.
h) Freestandina sians may be located in a reauired vard setback area Drovided the
following criteria are met:(1) Said location is not within a required visual
clearance area as shown on section 9412 exhibits.(2) All signs proposed to be
located within the public safety area shall be reviewed and approved by the
Public Works Department.(3) All such signs shall be located a minimum of
twenty-five (25) feet from an interior side property line or fifty (50) feet from
another existing pole or monument sign located on an adjacent site, whichever
is less restrictive.(4) In the event of a lighted sign the location will not cause
neaative liaht and alare imaacts on adiacent sensitive land uses.
(i) All signs shall conform to provisions contained in section 9404 of this Chapter
and any previously approved master sign plan, on file with the Community
Development Department.
2. Special criteria. The Planning Commission may recommend, and the City
Council may establish more specific design criteria by resolution within certain
portions of the City to encourage signs which are in harmony with established
architectural guidelines in those areas. The specific criteria may be more or less
restrictive than the regulations included in this Chapter.
SECTION 23. 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 24. 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 25. 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
Ordinance No. 1574
Docusign Envelope ID: E558271 E-OF72-4C7A-B31 B-3F4F8OB87371
Ordinance No. 1574
Page 13
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 , 2026.
AUSTIN LUMBARD
Mayor
ATTEST:
ERICA N. YASUDA
City Clerk
Ordinance No. 1574
Docusign Envelope ID: E558271 E-OF72-4C7A-B31 B-3F4F8OB87371
Ordinance No. 1574
Page 14
STATE OF CALIFORNIA )
COUNTY OF ORANGE ) ss.
CITY OF TUSTIN )
CERTIFICATION FOR ORDINANCE NO. 1574
I, Erica 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. 1574 was duly
passed, and adopted at a regular meeting of the Tustin City Council held on the day
of , 2026, by the following vote:
COUNCILPERSONS AYES:
COUNCILPERSONS NOES:
COUNCILPERSONS ABSTAINED:
COUNCILPERSONS ABSENT:
ERICA YASUDA
City Clerk
Published:
Ordinance No. 1574