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HomeMy WebLinkAboutORD 1536 (2024)DocuSign Envelope ID: 22FEE F31-E364-4E3B-9302-EASDEED98FC4 ORDINANCE NO. 1536 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 (CA) 2024-0002 RELATING TO THE CODE STREAMLINING AND IMPROVEMENT PROGRAM TO PROVIDE CLARITY, CONSISTENCY OF TERMS AND DEFINITIONS, AND COMPLIANCE WITH STATE LAW The City Council of the City of Tustin does hereby ordain as follows: SECTION 1. The City Council finds and determines as follows: A. That Chapter 2 of Article 9 of the Tustin City Code (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 routine revisions to the TCC are required to provide clarity, create consistency of terms and definitions, comply with new State laws, streamline approval processes and amend Code requirements to reflect current market trends and policies. C. That on February 27, 2024, a public hearing was duly noticed, called, and held by the Planning Commission on Code Amendment (CA) 2024-0002 relating to Code Streamlining and Improvement Program. D. That on April 2, 2024, a public hearing was duly noticed, called, and held on CA 2024-0002 by the City Council. E. That the code amendments are reasonable and serve the purpose of streamlining project and development plan reviews by providing clarity and consistency within the TCC. F. That the proposed amendments comply with the Tustin General Plan in that they comply with the following goal and policy: Land Use Element Goal 2: Ensure that future land use decisions are the result of sound and comprehensive planning. Ordinance No. 1536 Page 1 of 13 DocuSign Envelope ID: 22FEEF31-E364-4E3B-9302-EA5DEED98FC4 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 9264 of Part 6 of Chapter 2 of Article 9 of the Tustin City Code is hereby amended by adding new subsection (e) to read as follows: (e) Reduction of Non -Residential or Commercial Parking requirements within the Downtown Commercial Core Specific Plan. All or a portion of the required number of commercial parking spaces may be satisfied by depositing with the City a Parking Exception Fee to be used for public parking accommodation within the area. The amount of the Parking Exception Fee shall be determined by Fee Resolution of the City Council. The Zoning Administrator shall make a determination that the proposed project requesting payment of the Parking Exception Fee meets the findings set forth in Section 9299 (b)(4)(e). SECTION 3. Section 9299(b)(4) of Part 6 of Chapter 2 of Article 9 of the Tustin City Code is hereby amended by adding new subsection (n) to read as follows: (e) Reduction of Non -Residential or Commercial Parking requirements within the Downtown Commercial Core Specific Plan. All or a portion of the required number of commercial parking spaces may be satisfied by depositing with the City a Parking Exception Fee to be used for public parking accommodation within the area. The amount of the Parking Exception Fee shall be determined by Fee Resolution of the City Council. The Zoning Administrator shall make a determination that the proposed project requesting payment of the Parking Exception Fee meets the following findings. 1. The proposed project is an infill project located within the Downtown Commercial Core Specific Plan. 2. The proposed project is considered to be relatively small. 3. The proposed project has incorporated building or site design enhancements that make it an outstanding addition to the Downtown Commercial Core Specific Plan. 4. The proposed project is aesthetically superior to one that provides all required parking on site. 5. The project applicant shall agree to pay an annual fee for each commercial parking space not provided on site. Ordinance No. 1536 Page 2 of 13 DocuSign Envelope ID: 22FEEF31-E364-4E3B-9302-EA5DEED98FC4 SECTION 4. Section 92520)(3)(d)(3) of Part 5 of Chapter 2 of Article 9 of the Tustin City Code hereby amends subsections (d) to read as follows: (d) Reduction of Non -Residential or Commercial Parking requirements within the Downtown Commercial Core Specific Plan. All or a portion of the required number of commercial parking spaces may be satisfied by depositing with the City a Parking Exception Fee to be used for public parking accommodation within the area. The amount of the Parking Exception Fee shall be determined by Fee Resolution of the City Council, and the project shall meet the findings set forth in Section 9299(b)(4)(e). SECTION 5. Section 9270(b) of Part 7 of Chapter 2 of Article 9 of the Tustin City Code hereby amends subsections (1), (2) and (3) to read as follows: 1. Requests for a temporary use of up to a total of thirty (30) days within one (1) year period require approval of a Temporary Use Permit from the Community Development Department. 2. Requests for more than thirty (30) days within one (1) year period require Community Development Director approval. 3. Requests for a temporary use exceeding a period of one (1) year require approval of a CUP by the Zoning Administrator. SECTION 6. Section 9271(dd) of Part 7 of Chapter 2 of Article 9 of the Tustin City Code is hereby amended by adding new subsection (11) to read as follows: (11) Determination of Public Convenience or Necessity relating to the sales of alcoholic beverages. The Community Development Director or Zoning Administrator shall have the authority to make determinations of public convenience or necessity on behalf of the City pursuant to Section 23958.4 of the California Business and Professions Code relating to the sale of alcoholic beverages, including beer and wine, or the section that may be subsequently adopted to replace said Section 23958.4. The Community Development Director shall have the authority to make determinations of public convenience or necessity on behalf of the City for uses classified as follows: a. When the sales of alcoholic beverages, pursuant to Tustin City Code Section 9271 dd(5), are accessory to a permitted primary use that does not require a conditional use permit. Ordinance No. 1536 Page 3 of 13 DocuSign Envelope ID: 22FEE F31-E364-4E3B-9302-EASDEED98FC4 SECTION 7. Section 9271(gg)(viii) of Part 7 of Chapter 2 of Article 9 of the Tustin City Code is hereby amended to read as follows: viii. No activity which generates excessive pedestrian traffic, vehicular traffic, or vehicular parking in excess of that otherwise normally found in the zone. (Ord. No. 1524, Sec. 56, 8-16-22) SECTION 8. Section 9276(c)(5) of Part 7 of Chapter 2 of Article 9 of the Tustin City Code is hereby amended to read as follows: (5) All modifications to lawfully established wireless communication facilities for which applications for the modifications were submitted on or after the adoption date of Ordinance No. 1192, shall be required to comply with the regulations and guidelines contained herein. Modifications to legal nonconforming wireless communication facilities that are legal nonconforming with respect to any provision of Ordinance No. 1192, must first receive Zoning Administrator approval of a conditional use permit, as established by Tustin City Code Section 9291. Modifications to legal nonconforming wireless communication facilities shall not increase the nonconformities. (Ord. No. 1397, Sec. 7, 11-15-11) SECTION 9. Section 9276(d) of Part 7 of Chapter 2 of Article 9 of the Tustin City Code is hereby amended to read as follows: d. Requirement for Conditional Use Permit The following must first receive Zoning Administrator approval of a conditional use permit as established by Tustin City Code Section 9291: SECTION 10. Section 9276(e) of Part 7 of Chapter 2 of Article 9 of the Tustin City Code is hereby amended to read as follows : e. Requirement for Design Review Design review approval shall be required prior to the establishment or modification of any wireless communication facility in accordance with Tustin City Code Section 9272. If a conditional use permit is required, the design review authority shall be the Zoning Administrator. When a variance is required, the design review authority shall be deferred to the Planning Commission. SECTION 11. Section 9276 (g)(3) of Part 7 of Chapter 2 of Article 9 of the Tustin City Code is hereby amended to read as follows: (3) A minor wireless communication facility may be established or modified within any City of Tustin residential zoning district on property that contains any Ordinance No. 1536 Page 4 of 13 DocuSign Envelope ID: 22FEEF31-E364-4E3B-9302-EA5DEED98FC4 legally established nonresidential use and no legally established residential use, with the approval of a conditional use permit by the Zoning Administrator. Should the property subsequently be developed with a residential use, the conditional use permit shall become null and void, and the facility shall be removed. SECTION 12. Section 92760) of Part 7 of Chapter 2 of Article 9 of the Tustin City Code is hereby amended to read as follows: j. Monitoring Program Each wireless communication facility approved subsequent to the adoption of Ordinance No. 1192 shall be reviewed by the Community Development Director at the end of five (5) years and/or at annual intervals thereafter from the date of design review and/or conditional use permit approval. The Community Development Director may defer this review to the Planning Commission on a case -by -case basis. The Director or Zoning Administrator, as applicable, may recommend a condition of approval to the Planning Commission or the City Council, respectively, to modify existing conditions or impose new conditions as part of this review to protect the public health, safety, community aesthetics and general welfare, which condition shall be subject to the approval of the City Council. (Ord. No. 1429, Sec. 11.63, 5-21-13) SECTION 13. Section 9276(1) of Part 7 of Chapter 2 of Article 9 of the Tustin City Code is hereby amended to read as follows : I. Abandonment A written notice of the determination of abandonment shall be sent or delivered to operator of the wireless communication facility. The operator shall have thirty (30) days to remove the facility or provide the Community Development Department with evidence that the use has not been discontinued. The Zoning Administrator shall review all evidence and shall determine whether or not the facility is abandoned. All facility not removed within the required thirty (30) day period shall be in violation of the Tustin City Code and operators of the facility and the owners of the property shall be subject to penalties for violations under the enforcement and penalties provisions of this section. SECTION 14. Section 9278(d)(1) of Part 7 of Chapter 2 of Article 9 of the Tustin City Code is hereby amends subsections (d) through (f) to read as follows: (d) Plans and detailed information of any physical improvements to the property being proposed including photos and supporting information necessary to evaluate the requested accommodation; and Ordinance No. 1536 Page 5 of 13 DocuSign Envelope ID: 22FEEF31-E364-4E3B-9302-EA5DEED98FC4 (e) Additional information as deemed necessary by the Community Development Department to properly evaluate the proposed request and render a decision. SECTION 15. Section 9278(d)(2) of Part 7 of Chapter 2 of Article 9 of the Tustin City Code is hereby amended to read as follows: 2. Fees. At the time of application submittal, no fee shall be required pursuant to the City's current fee schedule as adopted by the City Council. SECTION 16. Section 9278(d)(4) of Part 7 of Chapter 2 of Article 9 of the Tustin City Code is hereby deleted. SECTION 17. Section 9278(f)(1) of Part 7 of Chapter 2 of Article 9 of the Tustin City Code hereby amends subsection (a) through (e) to read as follows: (a) The requested accommodation is necessary to make housing available to an individual with disabilities protected under the fair housing laws; (b) The requested accommodation would not impose an undue financial burden on the City; (Ord. No. 1524, Sec. 58, 8-16-22) (c) The requested accommodation would not require a fundamental alteration in the nature of the City's land use and zoning codes and policies; (Ord. No. 1524, Sec. 58, 8-16-22) (d) The requested accommodation is found to be in conformance with the General Plan in that it provides for a variety of housing types, meets the needs of all community residents commensurate with identified housing needs in the City's Regional Housing Needs Assessment and promotes fair housing opportunities for all people regardless of their special characteristics. (Ord. No. 1524, Sec. 59, 8-16-22) SECTION 18. Section 9278(f) of Part 7 of Chapter 2 of Article 9 of the Tustin City Code is hereby amended to remove subsection (2). SECTION 19. Section 9291(c) and (d) of Part 9 of Chapter 2 of Article 9 of the Tustin City Code are hereby amended to read as follows: c. Decision of the Zoning Administrator or the Planning Commission Upon receipt of the application for Conditional Use Permit, the Zoning Administrator or Planning Commission shall determine whether or not the establishment, maintenance or operation of the use applied for will, under the circumstances of the particular case, be detrimental to the health, safety, morals, comfort and general welfare of the persons residing or working in the neighborhood of such proposed use, or whether it will be injurious or detrimental to property and improvements in the neighborhood or the general welfare of the City. If the Zoning Ordinance No. 1536 Page 6 of 13 DocuSign Envelope ID: 22FEEF31-E364-4E3B-9302-EA5DEED98FC4 Administrator or Planning Commission finds that the aforementioned conditions will not result from the particular use applied for, it shall grant the Conditional Use Permit. The granting of a Conditional Use Permit applied for by the plaintiff in an action in eminent domain to acquire the property shall be conditioned upon ultimate vesting of title of the property to the plaintiff. (Ord. No. 157, Sec. 7.22) d. Substantial Conformity If an applicant proposes a use similar to an existing conditional use permit, the Community Development Director shall determine whether the proposed use substantially conforms to the approved use specified in the existing conditional use permit. SECTION 20. Section 9297 of Part 9 of Chapter 2 of Article 9 of the Tustin City Code is hereby amended by adding new definitions for "Instructional Studios" and "Professional, instructional, motivational and/or seminar schools" to read as follows: "Instructional Studios" means an establishment that offers services with the purpose of teaching and practicing a particular skill or subject. These studios involve one-on-one or small group instruction, covering a range of subjects including, but not limited to, sports and recreation (such as cheerleading, gymnastics, and martial arts) and fine arts (such as music, dance, drama, photography, ceramics, painting, and sculpture). "Professional, instructional, motivational and/or seminar schools" means an educational institution or establishment that provides practical training and instruction for specific careers or trades, within fields such as healthcare, technology, or skilled trades. SECTION 21. Section 9298(d) of Part 9 of Chapter 2 of Article 9 of the Tustin City Code is hereby amended to read as follows: d. Responsibility of Enforcement It shall be the duty of the Community Development Director or designee to enforce the provisions of this chapter pertaining to the use of land or buildings in the erection, construction, reconstruction, moving, alteration, or addition to any buildings or structures. Any permit or license of any type issued by any department or officer of the City of Tustin issued in conflict with the provisions of this chapter is hereby declared to be null and void. (Ord. No. 175, Sec. 11; Ord. No. 1366, Sec. 22, 11-17-09) Ordinance No. 1536 Page 7 of 13 DocuSign Envelope ID: 22FEE F31-E364-4E3B-9302-EASDEED98FC4 SECTION 22. Section 9299(b)(3)(a) of Part 9 of Chapter 2 of Article 9 of the Tustin City Code is hereby amended to read as follows: (a) Wireless Communication Facilities. SECTION 23. Section 9404(c) of Chapter 4 of Article 9 of the Tustin City Code is hereby amended to read as follows: c. Signs subject to Zoning Administrator_ Review. The following types of signs are permitted only after the Zoning Administrator has reviewed and approved the sign permit application for conformance with the review criteria outlined in section 9403d: SECTION 24. Section 9404(c)(1) of Chapter 4 of Article 9 of the Tustin City Code is hereby amended to read as follows: 1. Tivoli lights or tube lights. External displays of small decorative lights of a permanent nature require approval by the Zoning Administrator. Tivoli lights are a brand of tube lights. SECTION 25. Section 9404(c)(3) of Chapter 4 of Article 9 of the Tustin City Code is hereby amended to read as follows: 3. Festoons. Festoons may be permitted on a temporary basis only in conjunction with a special event, provided the Zoning Administrator determines that it is consistent with the size and scale of the project and approves a temporary sign permit. SECTION 26. Section 9404(c)(4) of Chapter 4 of Article 9 of the Tustin City Code is hereby amended to read as follows: 4. Temporary decorative flags and nonmetallic balloons. Any request to deviate from the location, size height, number or time limits for decorative flags or balloons as provided for in section 9403d shall be reviewed by the Zoning Administrator. Prior to approval, the Zoning Administrator shall determine that the proposal is compatible with the size and scale of the buildings on the site and project size. SECTION 27. Section 9404(c)(5) of Chapter 4 of Article 9 of the Tustin City Code is hereby amended to read as follows: 5. Permanent decorative flags/banner signs. Any request to install permanent decorative flags or banner signs on a building or project site is subject to the design review procedures outlined in section 9272 of the Tustin City Code and shall be Ordinance No. 1536 Page 8 of 13 DocuSign Envelope ID: 22FEEF31-E364-4E3B-9302-EA5DEED98FC4 reviewed by the Zoning Administrator. In approving such flags or banner signs, the Zoning Administrator shall determine that the permanent decorative flags or banner signs meet the following criteria: SECTION 28. Section 9413, Table 9408 Commercial Districts, of Chapter 4 of Article 9 of the Tustin City Code is hereby amended to read as follows: 9408 Commercial Districts Class Type of Permit Maximum Maximum Maximum Location Illumination Remarks Sign Required Sign Area Number Height (in Allowed ins . ft. feet B. Individual 2. Wall or Yes Primary One 6 Primary: Yes a. For the Business Canopy wall: 15% primary Front wall purpose of identification of or canopy business (not located storefront area and identification within a area; or 75 below roof only. center) sq. ft.; eave. b. Secondary Whichever signs shall is less face onto a street, parking area, or service road. c. Maximum of one secondary sign per building face. d. The amount of signage permitted on Secondary Two Secondary: Yes the primary wall: 5% of Secondary Side wall or wall may be side or other non- switched with rear wall primary wall the signage area, or 25 and below on a sq. ft.; roof eave. secondary Whichever wall provided is less the Community Development Department determines that the secondary wall would be more visible to a street or parking area and would not have a negative impact on surrounding land uses. Ordinance No. 1536 Page 9 of 13 DocuSign Envelope ID: 22FEEF31-E364-4E3B-9302-EA5DEED98FC4 SECTION 29. Section 9413, Table 9408 Commercial Districts, of Chapter 4 of Article 9 of the Tustin City Code is hereby amended to read as follows: 9408 Commercial Districts Class Type of Permit Maximum Maximum Maximum Location Illumination Remarks Sign Required Sign Area Number Height (in Allowed ins . ft. feet C. Individual 2. Wall or Yes Primary One Height of Primary: Yes a. for the business canopy wall: 15% primary Window front wall or purpose of identification of canopy business (within a storefront area below identification center) area or 75 and roof only. sq. ft.; eave Secondary Whichever signs shall is less face onto a street, parking area, or service road. c. Maximum of one secondary sign per building face. d. The amount of signage permitted on Secondary Two Secondary: Yes wall: 5% of secondary side wall or the primary side or other non- wall may be rear wall primary wall switched with area or 25 and below the signage sq. ft.; roof eave on a Whichever secondary is less wall provided the Community Development Department determines that the secondary wall would be more visible to a street or parking area and would not have a negative impact on surrounding land uses. Ordinance No. 1536 Page 10 of 13 DocuSign Envelope ID: 22FEEF31-E364-4E3B-9302-EA5DEED98FC4 SECTION 30. Section 9413, Table 9408 Commercial Districts, of Chapter 4 of Article 9 of the Tustin City Code is hereby amended to read as follows: 9408 Commercial Districts Class Type of Permit Maximum Maximum Maximum Location Illumination Remarks Sign Required Sign Area Number Height (in Allowed ins . ft. feet F. Gasoline b. Wall or Yes Primary One 6 Primary: Yes a. For Service canopy wall: 15% primary Front wall purposes of of or canopy identification 1. Business storefront area and only. identification area or 75 below roof b. Secondary sq. ft.; eave. signs shall Whichever face onto is less street, parking area, or service road. c. Maximum one secondary sign per building face. d. The amount of signage permitted on Secondary Two Secondary: Yes the primary wall: 5% of Secondary Side wall or wall may be side or other non- switched with rear wall primary wall the signage area or 25 and below on a sq. ft.; roof eave secondary Whichever wall provided is less the Community Development Department determines that the secondary wall would be more visible to a street or parking area and would not have a negative impact on surrounding land uses. SECTION 31. 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 32. 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 Ordinance No. 1536 Page 11 of 13 DocuSign Envelope ID: 22FEEF31-E364-4E3B-9302-EA5DEED98FC4 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 33. 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 16t" day of April, 2024. DocuSigned by: �. lf" AU J4 D L43JMB'ARD, Mayor ATTEST: DS DocuSigned by: `LV'iCa aStti�,a ERDN6.0 ASJ DA, City Clerk APPROVED AS TO FORM: —DocuSigned by `_3'Kz_ DAb`FDEPIKENDI G, City Attorney Ordinance No. 1536 Page 12 of 13 DocuSign Envelope ID: 22FEE F31-E364-4E3B-9302-EASDEED98FC4 STATE OF CALIFORNIA ) COUNTY OF ORANGE ) SS CITY OF TUSTIN ) CERTIFICATION FOR ORDINANCE NO. 1536 I, Erica N. Yasuda, City Clerk and ex-officio Clerk of the City Council of the City of Tustin, California, does hereby certify that the whole number of the members of the City Council of the City of Tustin is five; that the above and foregoing Ordinance No. 1536 was duly and regularly introduced and read by title only at the regular meeting of the City Council held on the 2nd day of April, 2024, and was given its second reading, passed and adopted at a regular meeting of the City Council held on the 16t" day of April, 2024, by the following vote: COUNCILMEMBER AYES: COUNCILMEMBER NOES: COUNCILMEMBER ABSTAINED: COUNCILMEMBER ABSENT: COUNCILMEMBER RECUSED: DocuSigned by: DS aqxSt'Jx ERDW ASU DA, ro City Clerk Ordinance No. 1536 Page 13 of 13 Lumbard, Gallagher, Clark, Gomez, Schnell (0) (0) (0) (0)