Loading...
HomeMy WebLinkAbout05 SupplementTHE ATTACHED DOCUMENTS PERTAIN TO PLANNING COMMISSION AGENDA REPORT ITEM NO. 5 PREPARED FOR THE DECEMBER 11, 2007 MEETING AUGUST 14, 2006 PLANNING COMMISSION AGENDA REPORT SUBJECT: CODE AMENDMENT 06-004 (OFFICE USE PROVISIONS IN OLD TOWN) ITEM #6 Inter-Com , DATE: AUGUST 14, 2006 TO: PLANNING COMMISSION FROM: COMMUNITY DEVELOPMENT DEPARTMENT SUBJECT: CODE AMENDMENT 06-004 (OFFICE USE PROVISIONS IN OLD TOWN) RECOMMENDATION That the Planning Commission adapt Resolution No. 4032 recommending that the City Council approve Code Amendment No. 06-004 related to the office use provision within the Central Commercial (C-2) District. BACKGROUND AND DISCUSSION The office use provision within C-2 Districts was initially adopted in 1983. -The intent of the office use provision was to encourage retail establishments on the ground floor, particularly in Old Town. On July 2, 2001, the City Council adapted Interim Ordinance No. 1241 amending Sections 9233(a){1)(g), 9233c(ff), and 9233{e) of the Tustin City Code clarifying the intent of the office use criteria. On August 13, 2001, the City Council adopted Interim Ordinance No. 1242 extending Interim Ordinance No. 1241 for 10 months and 15 days or until June 28, 2002. On May 6, 2002, the City Council adopted Ordinance No. 1251 replacing the interim ordinance with a permanent ordinance. On June 14, 2004, and June 28, 2006, the Planning Commission conducted workshops, discussed issues related to implementation of the Office Use provision, and provided staff with direction on possible amendments to the office use provisions. Based upon input from the Planning Commission, Chamber of Commerce, and Tustin Old Town Association, the following proposed amendments to the Tustin Municipal Code are summarized as follows: Permitted Office Uses Professional and general offices that are not fronting onto Main Street or EI Camino Real or located outside the Old Town Commercial General Plan land use designation would be outright permitted. Conditionally Permitted Office Uses Professional and general offices that are fronting onto Main Street or EI Camino Real would be conditionally permitted provided that: Planning Commission Report CA 06-004 Page 2 of 3 Professional and general offices proposed at the ground floor lave! or that are greater than fifty {50) percent of the total building floor area shall not be approved unless the approving authority finds, based on supporting documentation and evidence that an office use would be more compatible with the existing and planned uses in the vicinity than a retail commercial use on the subject property and that an office use would be more beneficial in implementing applicable land use policies such as the Tustin General Plan, Tustin City Code, and any Tustin Community Redevelopment Agency Project Area Redevelopment Plan than a retail commercial use on the subject property. 2. Approval of professional and general office uses shall meet one or more of the following criterion: o The proposed use is to be located in an existing building originally designed, built, and occupied as offices or converted to office use pursuant to an approved building permit. o The proposed use is to be located in an existing building that because of its design and orientation is impractical to modify or alter to accommodate retail establishments. o The praposed use is to be located in an existing building requiring significant reconstruction that is not economically feasible or practical to accommodate retail establishments. o The proposed use is to be located in amulti-tenant retail center and is ancillary but complimentary to the remaining mixed uses with respect to type of use, hours of operation, convenience, and parking demand. o The proposed use is determined to be beneficial, complementary, and compatible with surrounding neighborhood and nearby retail establishments. Incompatible Uses Upon studying the Office Use provision of the C-2 District, the Planning Commission identified uses contained in the C-1 and C-2 District regulations that are not compatible with the intended retail environment. The following uses would be removed from the district regulations: • Business School • Interior Decorator • Job Printing • Telephone Answering Service • Typing and Addressing Service Planning Commission Report CA 06-004 Page 3 of 3 Approving Authority Section 9299.b(3}(k} of the Tustin City Code would be added to authorize the Zoning Administrator to approve, conditionally approve, or deny a Conditional Use Permit application far professional and general office uses fronting onto Main Street and EI Camino Real. In addition, Section 9232a and Section 9233a of the Tustin City Code would be amended to authorize the Community Development Director and/or the Planning Commission to determine if certain unlisted uses are considered to be similar to those listed uses and would be allowed in the commercial districts. ENVIRONMENTAL ANALYSIS The proposed amendment is not subject to the California Environmental Quality Act ("CEQA°) pursuant to Title 14, Chapter 3 of the Califomia Code of Regulations, Sections 15060(c)(2) (the activity will not result in a direct or reasonable foreseeable indirect physical change in the. environment} and 15060(c)(3) (the activity is not a project as defined in Section 15378) because it has no potential for resulting in physical change to the environment, directly or indirectly. OTHER AGENCIES The Tustin Community Redevelopment Agency has reviewed and supports Code Amendment 06-004. In addition, Cade Amendment 06-004 is consistent with the Tustin Old Town Association objective to stimulate the Old Town commercial district. Staff recommends that the Planning Commission adopt Resolution No. 4032 recommending that the City Council approve Code Amendment 06-004. Just a Willkorn Senior Planner -C%~~ . Elizabeth A. Binsack Community Development Direc#or Attachment: Resolution No. 4032 ATTACHMENT Resolution No. 4032 RESOLUTION N0.4032 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF TUSTIN, CALIFORNIA, RECOMMENDING THAT THE CITY COUNCIL APPROVE CODE AMENDMENT 06-004 AMENDING THE TUSTIN CITY CODE RELATING TO OFFICE USE PROVISIONS WITHIN COMMERCIAL DISTRICTS. The Planning Commission of the City of Tustin does hereby resolve as follows: The Planning Commission finds and determines as follows: A. That the intent of the office use provisions within Commercial districts was to encourage retail establishment on the ground floor, particularly in Old Town Tustin. B. That the current office use provisions within the Central Commercial (C-2) District restrict offices uses within any C-2 districts, including those that are located outside Old Town Tustin. C. That proposed Code Amendment 06-004 would restrict and regulate the installation and establishment of office uses only to those parcels fronting onto Main Street and EI Camino Real (major intersection for Old Town Tustin) and provide criteria for approving offices uses when fronting onto Main Street and EI Camino Real. D. That on August 14, 2006, a public hearing was duly noticed, called, and held on Cale Amendment 06-004 by the Planning Commission. E. That the proposed amendments are exempt from the provisions of the California Environmental Quality Act (CEQA), as found in California Code of Regulations Sections 95060(c)(2) and 15060(c){3). F. That the proposed code amendments are reasonably necessary to protect the health, safety, and welfare of the citizens of the City of Tustin. G. That the proposed amendments are consistent with the Tustin General Plan in that they comply with the following goals and policies: Exhibft A Resolution No. 4032 CA 06-004 Page 2 Land Use Element Goal 2: Ensure that future land use decisions are the result of sound and comprehensive planning. Land Use Element 1.2: Provide for and encourage the development of neighborhoods serving commercial uses in areas of Tustin presently underserved by such uses. Encourage the integration or retail service commercial uses on the street level of office projects. II. The Planning Commission hereby recommends that the City Council approve Code Amendment 06-004 by amending the Tustin City Cade as follows: Section 9232.a is hereby amended as follows: a Permitted Uses The following uses, or unlisted uses which; in the opinion of the Community Development Director and/or Planning Commission, are resolved to be similar, will only be allowed in those Retail Commercial District buildings specifically approved for occupancy by the respective land use category. Sections 9232.a.2(f), (k),(1), (s), and (u) are hereby deleted as follows: 9232.a.2(f) ~asir~ss-ssgeels 9232.a.2(k) t+i#e~ier-dese 9232.a.2(I) Bela-pr-i+~#+~ 9232.a.2(s) 9232.a.2(u) Section 9233.a Is hereby amended as follows: a. Permitted Uses The following uses, or unlisted uses which, in the opinion of the Community Development Director and/or Planning Commission, are resolved to be similar, will only be allowed in the Central Commercial District. Exhibit A Resolution No. 4032 CA 06-004 Page 3 Section 9233.a(g) is hereby amended as follows: (g) Professional and general offices not frontin onto Main Street or EI Camino Real or located outside the Old Town Commercial General Plan land use designation. Section 9233.c(y) is hereby amended as follows: {y) Professional and general offices fronting onto Main Street or EI amino Real and located within the Old Town Commercial General Plan land use desianation subiect to the use criteria for office development provided herein• e#ise-d~se= I1) aAFiaers--.Professional and aeneral offices proposed at the ground floor level or that are greater than fifty t50) DArcent of the total building floor area shall not be approved unless the approving authontV finds based on supporting documentation and evidence that an office use would be more.. compatible with the existing and planned uses in the vicinity than a retarl commercial use on the subject property and that an office use would be more benefici I in implementing applicable land use policies such as the Tustin General Plan. Tustin Crtv Coda and env Tustin Community Redevelopment Agency Project Area Redevelopment Plan than a retarl commercial use on the subiect props (2) Approval of professional and aeneral office uses shall meet one or more of the following criterion• a. The. proposed use is to be located in an existing bur_Idin_g nr~n...nll.. .J....i~..__~ ~---~. - - ermrt. b. The proposed use is to be located in an existing building that because of its design and orientation is impractical to modify or alter to accommodate retail establishments Exhibit R Resolution No. 4032 CA 06-004 Page 4 c. The proposed use is to be located in an existincLbuilding reguinna significant reconstruction that is not economically feasible or practical to accomfnQdate retail establishments. d. The proposed use is to be located in amulti-tenant retail center and is ancillary but complementary to the rernairnng mixed uses with respect to type of use hours of operation, convenience and parking demand e. The proposed use is determined to be beneficial complementary. and compatible with surrounding neighborhood and nearby retail establishments Section 9233.e is hereby deleted as follows: i F i ....-..v-~ ... ........., r Section 9299.b(3}(Ic) is hereby added as follows: Exhibit A Resolution No. 4032 CA 06-004 Page 5 (k) Professional and general offices fronting onto Main Street and EI Camino Real and located within the Old Town Commercial General land use designation. PASSED AND ADOPTED by the Planning Commission of the City of Tustin at a regular meeting on the 14th day of August, 2006. Chairperson ELIZABETH BINSACK Planning Commission Secretary STATE OF CALIFORNIA ) COUNTY OF ORANGE } City of Tustin ) I, Elizabeth A. Binsack, the undersigned, hereby certify that I am the Planning Commission Secretary of the City of Tustin, California, that Resolution No. 4032 was duly passed and ado~ted at a regular meeting of the Tustin Planning Commission, held on the 14 day of August, 2006. ELIZABETH BINSACK Planning Commission Secretary ITEM #6 Inter-Com DATE: AUGUST 14, 2006 TO: PLANNING COMMISSION FROM: COMMUNITY DEVELOPMENT DEPARTMENT SUBJECT: CODE AMENDMENT 06-004 (OFFICE USE PROVISIONS IN OLD TOWN) RECOMMENDATION That the Planning Commission adopt Resolution No. 4032 recommending that the City Council approve Code Amendment No. 06-004 related to the office use provision within the Central Commercial (C-2) District. BACKGROUND AND DISCUSSION The office use provision within C-2 Districts was initially adopted in 1983. The intent of the office use provision was to encourage retail establishments on the ground floor, particularly in Old Town. On July 2, 2001, the City Council adopted Interim Ordinance No. 1241 amending Sections 9233(a)(1)(g), 9233c(ff), and 9233(e) of the Tustin City Code clarifying the intent of the office use criteria. On August 13, 2001, the City Council adopted Interim Ordinance No. 1242 extending Interim Ordinance No. 1241 for 10 months and 15 days or until June 28, 2002. On May 6, 2002, the City Council adopted Ordinance No. 1251 replacing the interim ordinance with a permanent ordinance. On June 14, 2004, and June 26, 2006, the Planning Commission conducted workshops, discussed issues related to implementation of the Office Use provision, and provided staff with direction on possible amendments to the office use provisions. Based upon input from the Planning Commission, Chamber of Commerce, and Tustin Old Town Association, the following proposed amendments to the Tustin Municipal Code are summarized as follows: Permitted Office Uses Professional and general offices that are not fronting onto Main Street or EI Camino Real or located outside the Old Town Commercial General Plan land use designation would be outright permitted. Conditionally Permitted Office Uses Professional and general offices that are fronting onto Main Street or EI Camino Real would be conditionally permitted provided that: Planning Commission Report CA 06-004 Page 2 of 3 Professional and general offices proposed at the ground floor level or that are greater than fifty (50} percent of the total building floor area shall not be approved unless the approving authority finds, based on supporting documentation and evidence that an office use would be more compatible with the existing and planned uses in the vicinity than a retail commercial use on the subject property and that an office use would be more beneficial in implementing applicable land use policies such as the Tustin General Plan, Tustin City Code, and any Tustin Community Redevelopment Agency Project Area Redevelopment Plan than a retail commercial use on the subject property. 2. Approval of professional and general office uses shall meet one or more of the following criterion: o The proposed use is to be located in an existing building originally designed, built, and occupied as offices or converted to office use pursuant to an approved building permit. o The proposed use is to be located in an existing building that because of its design and orientation is impractical to modify or alter to accommodate retail establishments. o The proposed use is to be located in an existing building requiring significant reconstruction that is not economically feasible or practical to accommodate retail establishments. o The proposed use is to be located in amulti-tenant retail center and is ancillary but complimentary to the remaining mixed uses with respect to type of use, hours of operation, convenience, and parking demand. o The proposed use is determined to be beneficial, complementary, and compatible with surrounding neighborhood and nearby retail establishments. Incompatible Uses Upon studying the Office Use provision of the C-2 District, the Planning Commission identified uses contained in the C-1 and C-2 District regulations that are not compatible with the intended retail environment. The following uses would be removed from the district regulations: • Business School • Interior Decorator • Jab Printing • Telephone Answering Service • Typing and Addressing Service Planning Commission Report CA 06-004 Page 3 of 3 Aaproving Authority Section 9299.b(3)(k) of the Tustin City Code would be added to authorize the Zoning Administrator to approve, conditionally approve, or deny a Conditional Use Permit application for professional and general office uses fronting onto Main Street and EI Camino Real. In addition, Section 9232a and Section 9233a of the Tustin City Code would be amended to authorize the Community Development Director andlor the Planning Commission to determine if certain unlisted uses are considered to be similar to those listed uses and would be allowed in the commercial districts. ENVIRONMENTAL ANALYSIS The proposed amendment is not subject to the California Environmental Quality Act ("CEQA") pursuant to Title 14, Chapter 3 of the California Code of Regulations, Sections 15060(c)(2} {the activity will not result in a direct or reasonable foreseeable indirect physical change in the environment} and 15060(c}{3) (the activity is not a project as defined in Section 15378) because it has na potential for resulting in physical change to the environment, directly or indirectly. OTHER AGENCIES The Tustin Community Redevelopment Agency has reviewed and supports Code Amendment 06-004. In addition, Code Amendment 06-004 is consistent with the Tustin Old Town Association objective to stimulate the Oki Town commercial district. Staff recommends that the Planning Commission adopt Resolution No. 4032 recommending that tfie City Council approve Code Amendment 06-004. Just a Willkom Senior Planner l~ Elizabeth A. Binsack Community Development Director Attachment: Resolution No. 4032 s:+a+axaEPOm~zooe~2 omo. a~a . e« ATTACHMENT Resolution No. 4032 RE50LUTION N0.4032 A RESOLUTION QF THE PLANNING COMMISSION OF THE CITY OF TUSTIN, CALIFORNIA, RECOMMENDING THAT THE CITY COUNCIL APPROVE CODE AMENDMENT 06-004 AMENDING THE TUSTIN CITY CODE RELATING TO OFFICE USE PROVISIONS WITHIN COMMERCIAL DISTRICTS. The Planning Commission of the City of Tustin does hereby resolve as follows: 1. The Planning Commission finds and determines as follows: A. That the intent of the office use provisions within Commercial districts was to encourage retail establishment on the ground floor, particularly in Old Town Tustin. B. That the current office use provisions within the Central Commercial (C-2) District restrict offices uses within any C-2 districts, including those that are located outside Old Town Tustin. C. That proposed Code Amendment 06-004 would restrict and regulate the installation and establishment of office uses only to those parcels fronting onto Main Street and EI Camino Real (major intersection far Old Town Tustin) and provide criteria for approving affices uses when fronting onto Main Street and EI Camino Real. D. That on August 14, 2006, a public hearing was duly noticed, called, and held on Code Amendment Ofi-004 by the Planning Commission. E. That the proposed amendments are exempt from the provisions of the California Environmental Quality Act (CEQA), as found in California Code of Regulations Sections 150fi0(c){2) and 150fi0(c}{3}. F. That the proposed code amendments are reasonably necessary to protect the health, safety, and welfare of the citizens of the City of Tustin. G. That the proposed amendments are consistent with the Tustin General Plan in that they comply with the following goals and policies: Exhibit A Resolution No. 4032 CA 06-004 Page 2 Land Use Element Goal 2: Ensure that future sand use decisions are the result of sound and comprehensive planning. Land Use Element 1.2: Provide for and encourage the development of neighborhoods serving commercial uses in areas of Tustin presently underserved by such uses. Encourage the integration or retail service commercial uses on the street level of office projects. II. The Planning Commission hereby recommends that the City Council approve Code Amendment 06-004 by amending the Tustin City Code as follows: Section 9232.a is hereby amended as failows: a Permitted Uses The following uses, or unlisted uses which, in the opinion of the Community Development Director and/or Planning Commission, are resolved to be similar, will only be allowed in those Retail Commercial District buildings specifically approved for occupancy by the respective land use category. Sections 9232.a.2(f1, (k),(I), (s), and (u) are hereby deleted as follows: 9232.a.2(f) t~sit~ess.~haels 9232.a.2(k) #~tefief-dese~a#a~ 9232.a.2(I) r-int+gg 9232.a.2{s) 9232.a.2(u) Section 9233.a is hereby amended as follows: a. Permitted Uses The following uses, ar unlisted uses which, in the opinion of the Community Development Director and/or Planning Commission, are resolved to be similar, will only be allowed in the Central Commercial District. Exhibit A Resolution No. 4032 CA 06-004 Page 3 Section 9233.a(g) is hereby amended as follows: (g) Professional and general offices not fronting onto Main Street or EI Camino Real or located outside the Old Town Commercial General Plan land use designation. Section 9233.c(y) is hereby amended as follows: {y) Professional and general offices frontina onto Main Street or EI Camino Real and located within the Old Town Commercial General Plan land use designation subiect to the use criteria for office development provided herein• e#ise-use= 11) -Professional and general offices proposed at the ground floor level or that are greater than fifty (50) percent of the total building floor area shall not be approved unless the a roving authonty finds based on supporting documentation and evidence that an office use would be ~~~ compatible with the existing and planned uses in the vicinity than a retail commercial use on the subject property and that an office usa would be more beneficial in implementing aonlicable land use policies such as the Tustin General Plan. Tustin Cltv Code and any Tustin Community Redevelopment Agency Project Area Redevelopment Plan than a retail commercial use on the subiect props ~2) Approval of professional and general office uses shall meet one or more of the following criterion• a. The proposed use is to be located in an existin building originally designed built and occupied as offices or converted to office use pursuant to an approved building ermrt. b. The proposed use is to be located in an existin building that because of its design and orientation is impractical to modify or alter to accommodate retail establishments Exhibit A Resolution No. 4032 CA 06-004 Page 4 c. The proposed use is to be located in an existing building reauirina s~anificant reconstruction that is not economically feasible or practical to accommodate retail establishments. d. The.. proposed use is to be located in a multi tenant retail center and is ancillary but complementary to the remairnna mixed uses with respect to type of use hours of operation, convenience and parkins demand e. The proposed use is determined to be beneficial complementary and compatible with surrounding neiahborhood and nearby retail establishments w Section 9233.a is hereby deleted as follows: a i . Section 9299.b(3)(k) is hereby added as follows: Exhibit A Resolution No. 4032 CA 06-004 Page 5 (k) Professional and general offices fronting onto Main Street and EI Camino Real and located within the Old Town Commercial General land use designation. PASSED AND ADOPTED by the Planning Commission of the City of Tustin at a regular meeting on the 14th day of August, 2006. Chairperson ELIZABETH BINSACK Planning Commission Secretary STATE OF CALIFORNIA ) COUNTY OF ORANGE ) City of Tustin ) I, Elizabeth A. Binsack, the undersigned, hereby certify that I am the Planning Commission Secretary of the City of Tustin, California, that Resolution No. 4032 was duly passed and adc~ted at a regular meeting of the Tustin Planning Commission, held on the 14 day of August, 2006. ELIZABETH BINSACK Pianning Commission Secretary EXCERPTS FROM THE AUGUST 14, 2006 PLANNING COMMISSION MEETING Ortlieb Floyd 7:15 p.m Continued to next meeting, August 28, 2006 that would a tenant two spaces to the right of the tower. if the applicant was in attendance and wished to speak; no me to the lectern. The P~blic Hearing closed. It was ved by Nielsen, seconded by Puckett, to adopt Resolution No. 4032, staffs language regarding the maintenance of signs added. Mo 'on carried 5-0. 5. DESIGN EVIEW 06-004 FOR AUTHORIZATION TO BUILD A ONES ORY COMMERCIAL RETAIL BUILDING 2,808 SQUARE ET IN AREA APPROXIMATELY FOUR (4} FEET FROM THE EXISTING NEWPORT AVENUE RIGHT-OF- WAY. THIS OJECT IS LOCATED AT 14111 NEWPORT AVENUE IN T E PLANNED COMMUNITY COMMERCIAL ZONING DISTRI T. RECOMMENDATI Adopted Resolution No. 4032 That the Planning C~ denying the request to four (4) feet to the groG fssion adopt Resolution No. 4033 ytruct the proposed retail building at line along Newport Avenue. That the Planning Corr directing the applicant to meet the required develo ~n adopt Resolution No. 4034 with staff redesigning the site to ~ standards. The Director suggested the hea g be opened to receive testimony from anyone who might be nabie to return to the next meeting. No one came forward. The h aring closed. It was moved by Puckett, seconded by Nielsen, to continue the item to the next Planning Commission meeting, August 28, 2006. Motion carried 5-0. 6. CODE AMENDMENT 06-004 RESTRICTING AND REGULATING THE INSTALLATION AND ESTABLISHMENT OF OFFICE USES ONLY TO THOSE PARCELS FRONTING ONTO MAIN STREET AND EL CAMINO REAL AND PROVIDING CRITERIA FOR APPROVING OFFICE USES WHEN FRONTING ONTO MAIN STREET AND EL CAMINO REAL. THIS AMENDMENT RELATES TO OLD TOWN TUSTIN IN THE CENTRAL COMMERCIAL (C-2) DISTRICT. Mirwtes -Planning Commission August 14, 2008 -Page 3 RECOMMENDATION: That the Planning Commission adopt Resolution No. 4032 recommending that the City Council approve Code Amendment 06-004. 7:18 p.m. The Public Hearing opened. Willkom Presented the staff report. Nielsen Asked what percentage of office uses might be grandfathered in with this amendment. Willkom Indicated she did not have a number but would guess about 10 percent. Floyd Asked if present leases would be honored. Willkom Stated that if an applicant were to propose a change, staff would not support office uses on the ground floor. Floyd Asked if there were nv changes, tenants would be allowed to stay. Willkom Answered in the affirmative. Floyd Asked for a definition for what "Typing and Addressing Services" would be. Director Sugges#ed that might refer to businesses that prepare resumes; staff felt the reference was too narrow and should be removed. Nielsen Asked if the G2 designation focuses on EI Camino Real and Main Street. Willkom Answered in the affirmative. Kozak Asked why "Interior Decorator" would be removed. Willkom Responded that an interior decorator would be considered an office use. Director Added that; for example, if a contractor wanted to locate in Old Town, staff would consider that to be an office rather than a retail use; if the Commission does not concur with staffs recommendation, those definitions can remain in juxtaposition with __._ an interior decorator. Minutes - Ptanning CommissWn August 14, 2oQ6 -Page 4 Nielsen Stated it would be best to encourage more retail in the Old Town area. Floyd Suggested it would be best to concur with stafYs recommendation. Kozak Noted that he was trying to understand, suggesting that an interior decorator could be providing services for an antique store, drapery business, etc. Director tndicated that such an ancillary office use in conjunction with retail activity would be acceptable. Puckett Questioned whether or not this amendment has the support of the Old Town Merchants Association. Witlkom Indicated that the Tustin Old Town Association (IOTA) received a notice, and there were members in the audience who might wish to speak. Linda Jennings, Stated that an interior decorator would be different from a 350 South B St. decorating store; and, asked what will happen to the various retail businesses in Jamestown Village and the property owned by the Kellys. Witlkom Answered that, while the business storefronts in Jamestown Village are not facing EI Camino Real, their addresses are on EI Camino Real; therefore, those businesses would be subject to the Code Amendment. Jennings Welcomed Commissioner Kozak back to the Commission; suggested that the 10 percent office use number is very low, naming various uses; and, stated she (and the Tustin Preservation Conservancy) are pleased to see this amendment come about and encouraged staff to approve as much retail in Old Town as possible in order to keep the economic viability of the commercial district of Old Town. Nathan Menard, Offered his congratulations to Commissioner Kozak; and, stated 345 West 6~' St. that while the proposed Code Amendment may be a good start, asked if there might be some way to place terns limits on the office uses currently in Old Town in order to reach the stated goat of a revitalized Otd Town. 7:40 p.m. The Public Hearing closed. Minutes -Planting Commission August 14, 2006 -Page 5 Nielsen Agreed that this amendment is a step in the right direction and long past due; this is a good starting place; perhaps staff could research the possibility of establishing expiration dates for Old Town offices now in existence. Lee Stated he is in favor of the amendment and hopes the area can be rejuvenated, perhaps with a grocery store or other anchor tenant. Kozak Noted that he agreed with Commissioner Nielsen's suggestion that long-term office uses be investigated by staff to determine if options may be available to expedite the conversion of existing offices to reta~ uses. Puckett Stated he sees the amendment as a win-win situation. Floyd Thanked the representatives from Old Town; this should have been done years ago; staff should pursue options for retails uses; it may be a five- to ten-year plan. it was moved by Nielsen, seconded by Puckett, to adopt Resolution No. 4032. Motion carried 5-0. 7. TURIN LEGACY UPDATE This is mprehensive table tracking all residential projects within Tu 'n Legacy. The table reflects the number of permitted u its (including affordable housing), building permits issue and units under construction, completed, and/or occupied. Director Noted how the numbers a calculated; and, indicated the report will be provided to the Com 'ssion monthly or every other month, depending on the number of pe its issued. STAFF CONCERNS 8. REPORT OF ACTIONS TAKEN THE AUGUST 7, 2006, CITY COUNCIL MEETING. Director reported The City Council: • held the first reading of Ordinance No. 1314 rel ing to Lot Line Adjustment Regulations; and, • approved Final Tract Map 17026 (Sector A); Sector~~maps should be submitted soon. Minutes -Planning Commission August 14, 2006 -Page 6 EXCERPTS FROM THE SEPTEMBER 5, 2006 CITY COUNCIL MEETING ng for the final grant amounts to be determined. We a proposing that this year's entire allocation be used to create a new position of Cri Analyst and equip this position with related hardware and software. This bill requi s both a public hearing and a special fund established for these monies. Staff repor~resentation by Police Chief Scott Jordan. The public he ring opened at 7:21 p.m. There were no public speakers and the hearing closed t 7:22 p.m. Motion: It was m ved by Councilmember Amante, seconded by Mayor Pro Tem Hagen, to authoti a usage of the funds as recommended by the Police Department. Motion rried 5-0. 2. URBAN AREA SECURII~ INITIATIVE (UASI) GRANT The City of Tustin, acting t ough the City of Santa Ana Police Department in its capacity as the Core City fo the Santa Ana Urban Area under the FY-05 Urban Areas Security Initiative, ha applied for, received and accepted a federal homeland security grant. The ant is entitled the "FY05 Urban Areas Security Initiative." The grant is from the deral Department of Homeland Security, Office of Domestic Preparedness, throw the State of California Office of Homeland Security, and is intended to enhance ountywide emergency preparedness. The terms of the grant require that the ity of Tustin use certain grant funds for the hardening of specific identifiable targets ithin the City of Tustin. The Tustin Police Department has identified the City Hall/P ice Department parking structure as an area of security concern and recommen the installation of both vehicle and pedestrian access-controlled gates to contr the public access to areas housing critical equipment and resources, as well s provide a safe and controlled employee parking area. Staff report presentation by Police Chief Scott The public hearing opened at 7:24 p.m. There wer~no public speakers and the hearing closed at 7:25 p.m. Motion: It was moved by Councilmember Bone, seco ded by Councilmember Amante, to authorize usage of the funds as recom ended by the Police Department. Motion carried 5-0. 3• CODE AMENDMENT 06-004: OFFICE USE PROVISION Code Amendment 06-004 would restrict and regulate the installation and establishment of office uses only to those parcels fronting onto Main Street and EI City Council Meeting September 5, 2006 Minutes Page 3 of 14 Camino Real and provide criteria for approving office uses when fronting onto Main Street and EI Camino Real. On August 14, 2006, the Planning Commission considered Code Amendment 06-004 and adopted Resolution No. 4032 recommending that the City Council approve Code Amendment 06-004. '~^~ Applicant: City of Tustin Community Development Department Staff report presentation by Community Development Director Elizabeth Binsack: Background • Office Use provision was adopted in 1983. The intent and purpose of the office use provision was to encourage retail establishment on ground floor particularly in Old Town. • Code Amendment 02-002 adopted in May 2002 clarified the process and criteria for considering office uses within C-2 zone. • On June 14, 2004, and June 26, 2006 the Planning Commission conducted workshops, discussed issues related to implementation of the Office Use provision, and provided staff with directions on possible amendments to the oft'ice use provisions. Current Code Requirements • An office use is permitted to locate within the C-2 zoning district if: • the use is located on any floor above the ground floor; and, • occupies less than fifty (50) percent of the total floor area. • An office use may also be permitted anywhere in a building where a Conditional Use Permit was granted. • An office use can be conditionally permitted if • it is located on the ground floor or in more than fifty (50) percent of the total floor area of a building; and, • the Planning Commission determines that the office use would be more beneficial than a retail establishment. • These provisions apply to construction of new office buildings and new office occupancies in existing buildings. Issues with Current Ordinance • Location of Office Uses • While most of the C-2 zoning districts are concentrated in the Old Town Tustin area, there are a number of properties zoned C-2 located outside of Old Town Tustin. • These areas are freestanding developments that are not particularly conducive to pedestrian activity. • The majority of inquiries to establish offices on ground floors have been in areas outside of Old Town Tustin. • There are a number of properties located in Old Town but do not contribute to pedestrian activities. These properties do not front onto Main Street or EI Camino Real. Configuration of Existing Office Buildings City Council Meeting September 5, 2006 Minutes Page 4 of 14 Some buildings built as office buildings are not configured to accommodate retailing activity (without traditional retail storefronts). While some of these buildings may be easily converted to retail space, some would require more significant modifications. Quasi-Office and Incompatible Uses • Quasi-office uses are classified as either "retail businesses" or "service businesses" and are outright permitted. • Types of retail businesses that are outright permitted include a variety of retail shops as well as real estate offices. Examples of service businesses that are permitted include barber shops, beauty parlors, interior decorators, restaurants, photograph galleries, travel agencies, telephone answering services, etc. There has been some confusion about why certain uses that appear to be office uses are permitted. In addition, upon studying the office use provision, the Planning Commission identified uses contained in the C-1 and C-2 District regulations that are not compatible with the intended retail environment Proposed Amendment Permitted Office Uses • Professional and general offices that are not fronting onto Main Street or EI Camino Real or located outside the Old Town Commercial General Plan land use designation would be outright permitted. Conditionally Permitted Office Uses • Professional and general offices that are fronting onto Main Street or EI Camino Real would be conditionally permitted provided that: • Professional and general offices proposed at the ground floor level or that are greater than fifty (50) percent of the total building floor area shall not be approved unless the approving authority finds, based on supporting documentation and evidence that an office use would be more compatible with the existing and planned uses in the vicinity than a retail commercial use on the subject property and that an office use would be more beneficial in implementing applicable land use policies such as the Tustin General Plan, Tustin City Code, and any Tustin Community Redevelopment Agency Project Area Redevelopment Plan than a retail commercial use on the subject property. Approval of professional and general office uses shall meet one or more of the following criterion: • The proposed use is to be located in an existing building originally designed, built, and occupied as offices or converted to office use pursuant to an approved building permit. • The proposed use is to be located in an existing building that because of its design and orientation is impractical to modify or alter to accommodate retail establishments. • The proposed use is to be located in an existing building requiring significant reconstruction that is not economically feasible or practical to accommodate _, . retail establishments. City Council Meeting Minutes September 5, 2006 Page 5 of 14 The proposed use is to be located in amulti-tenant retail center and is ancillary but complimentary to the remaining mixed uses with respect to type of use, hours of operation, convenience, and parking demand. The proposed use is determined to be beneficial, complementary, and compatible with surrounding neighborhood and nearby retail establishments. Proposed Amendment The following uses are proposed to be removed from the district regulations: • Business School • Interior Decorator • Job Printing • Telephone Answering Service • Typing and Addressing Service Proposed Amendment Approving Authority • Section 9299.b(3)(k) of the Tustin City Code would be added to authorize the Zoning Administrator to approve, conditionally approve, or deny a Conditional Use Permit application for professional and general office uses fronting onto Main Street and EI Camino Real. • In addition, Section 9232a and Section 9233a of the Tustin City Cade would be amended to authorize the Community Development Director and/or the Planning Commission to determine if certain unlisted uses. are considered to be similar to those listed uses and would be allowed in the commercial districts. Recommendation • Staff recommends that the City Council conduct a public hearing; introduce and have the first reading of Ordinance No. 1317 approving Code Amendment 06- 004; and, set for second reading at the Council's next scheduled meeting. The public hearing opened at 7:31 p.m. There were no public speakers and the hearing closed at 7:32 p.m. Motion: It was moved by Mayor Pro Tem Hagen, seconded by Councilmember Kawasima, to introduce and have first reading by title only of the following ordinance: ORDINANCE NO. 1317 - An ordinance of the City Council of the City of Tustin, California, approving Code Amendment 06-004 amending the Tustin City Code relating to Office Use Provisions within Commercial Districts Motion carried 5-0. 4 APPEAL OF PLANNING COMM SIGN DENIAL OF MINOR ADJUSTMENT 06- 001 (2650 DAVIS DRIVE, PRESIDI TRACT) On July 10, 2006, the Planning C denying Minor Adjustment 06-001 to City Council Meeting Minutes fission adopted Resolution No. 4029, rize the height extension up to twenty September 5, 2006 Page 6 of 14