HomeMy WebLinkAbout11 SECOND READING AND ADOPTION OF ORDINANCE NO. 1574Docusign Envelope ID: A07665AE-FOOC-47ED-8EB4-FE8E2F62191E
Agenda Item 11
AGENDA REPORT Reviewed:
City Manager afs
Finance Director N/A
MEETING DATE: MARCH 17, 2026
TO: ALDO E. SCHINDLER, CITY MANAGER
FROM: ERICA N. YASUDA, CITY CLERK
SUBJECT: SECOND READING AND ADOPTION OF ORDINANCE NO. 1574 (CODE
AMENDMENT 2025-0002) STREAMLINING AND IMPROVEMENT
PROGRAM
SUMMARY:
Adoption of Ordinance No. 1574 amends 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.
RECOMMENDATION:
That the City Council have second reading by title only and adoption of Ordinance No.
1574.
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 approval
process to identify streamlining opportunities and implement a plan of improvement.
BACKGROUND AND DISCUSSION:
On March 3, 2026, the City Council had first reading by title only of Ordinance No. 1574:
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
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City Council Agenda Report
Second Reading and Adoption of Ordinance No.1574
March 17, 2026
Page 2
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
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Erica N. Yasuda
City Clerk
Attachment:
1. Ordinance No. 1574
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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.
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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
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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).
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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),
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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
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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
insurance, concierge services, catering, restaurant bookings, tours, guide
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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.
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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.
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(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.
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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
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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 31 st day after its
adoption. The City Clerk or his or her duly appointed deputy shall certify to the adoption
of the Ordinance and cause this Ordinance to be published as required by law.
SECTION 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.
PASSED AND ADOPTED, at a regular meeting of the City Council of the City of Tustin
on this 17t" day of March 2026.
AUSTIN LUMBARD,
Mayor
ATTEST:
ERICA N. YASUDA,
City Clerk
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APPROVED AS TO FORM:
DAVID E. KENDIG,
City Attorney
STATE OF CALIFORNIA )
COUNTY OF ORANGE ) ss.
CITY OF TUSTIN )
CERTIFICATION FOR ORDINANCE NO. 1574
I, Erica N. Yasuda, City Clerk and ex-officio Clerk of the City Council of the City of Tustin,
California, does hereby certify: (1) that the full title of the above and foregoing Ordinance
No. 1574 was included on the City Council's published agendas for its meetings on the
3rd day of March 2026, the 17th day of March 2026; (2) that a copy of the full ordinance
was made available to the public online and in print at the meeting prior its passage; (3)
that the whole number of the members of the City Council of the City of Tustin is five; and
(4) that the ordinance was duly and regularly introduced at the regular meeting of the City
Council held on the 3rd day of March 2026 and was given its second reading, passed and
adopted at a regular meeting of the City Council held on the 17th day of March 2026, by
the following vote:
COUNCILMEMBER AYES:
COUNCILMEMBER NOES:
COUNCILMEMBER ABSTAINED:
COUNCILMEMBER ABSENT:
COUNCILMEMBER RECUSED:
ERICA N. YASUDA,
City Clerk
Ordinance No. 1574