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HomeMy WebLinkAbout02 Code Amendment 10-001ITEM #2 TUSTIN In~~r-~~r>n ~; DATE: FEBRUARY 9, 2010 ~,~~ ~' TO: PLANNING COMMISSION Bu~~o~H~o~F~~~ HONORING Oua rest FROM: COMMUNITY DEVELOPMENT DEPARTMENT SUBJECT: CODE AMENDMENT 10-001, PROHIBITING DRIVE-IN AND DRIVE-THRU ESTABLISHMENTS WITHIN COMMERCIAL AREAS OF OtD TOWN TUSTIN RECOMMENDATION: That the Planning Commission adopt Resolution No. 4142, recommending that the Tustin City Council adopt Ordinance No. 1378, amending Section 9233 of Part 3 of Chapter 2 of Article 9, prohibiting drive-in and drive-thru establishments in Old Town Tustin. BACKGROUND AND DISCUSSION: ~ ~r ~ ~. ~ On December 8, 2009, the Tustin Planning Commission held a public hearing and adopted Resolution No. 4129 recommending that the Tustin City Council adopt Ordinance No. 1373 to: 1) reduce restaurant parking requirements for Old Town Tustin; and 2) facilitate the establishment of outdoor restaurant seating areas in Commercial Districts within the City, including Old Town Tustin. Planning Commission Report Code Amendment 10-001 February 9, 2010 Page 2 At that time, the Planning Commission also discussed a concern that drive-thru establishments were currently listed as a conditionally permitted use within the City's C- 2zoning regulations, and that drive-thru establishments might not be a supportable use within C-2 zoned properties located within Old Town Tustin. Specifically, the Planning Commission noted that drive-thru establishments might not compatible with the historic Old Town walking experience. The Planning Commission recommendation supporting adoption of Ordinance 1373 included a recommendation that the City Council eliminate drive-thru establishments as a conditionally permitted use in Old Town. Since the suggested prohibition of drive-thru establishments in Old Town was not originally a part of the environmental analysis, public noticing, staff report, public workshop, etc., previously prepared for Ordinance No. 1373, the City Attorney determined that Code Amendment 09-004 could not be modified to prohibit drive-thru establishments in Old Town, but recommended that a separate code amendment be prepared and considered, if the Planning Commission's recommendation was supported by the Tustin City Council. On January 5, 2010, the Tustin City Council formally adopted Ordinance No. 1373 and also directed staff to implement the Planning Commission's recommendation to eliminate drive-thru establishments as a conditionally permitted use within the commercial areas of Old Town. Staff has prepared Code Amendment 10-001 to prohibit drive-thru establishments within the commercial areas of Old Town as follows (underlining identifies new code language proposed for Section 9233(c)(g)): "(g) Drive-in and drive-thru establishments for permitted uses_except on a property located within both the Central Commercial District (C 2) and the Old Town Commercial General Plan land use designation where such use is prohibited." The Old Town Parking Study noted that Old Town is a desirable place to walk and that the commercial health of Old Town is dependent upon customers parking, exiting their vehicles, and walking through the commercial area. Foot traffic exposes visitors to a broad variety of retail and service businesses in Old Town. Conversely, drive-thru establishments utilize vehicle window service to primarily address the retail and service needs of their customers. Drive-thru window service eliminates or significantly reduces customer foot traffic since a vehicle's driver and passengers do not typically exit and enter the vehicle. The existing zoning code has previously established a discretionary conditional use permit process that allows the Planning Commission to approve, conditionally approve, or deny drive-thru establishments on a case by case basis, based upon the merits of the individual project proposal. The prohibition of drive-thru establishments proposed by Code Amendment 10-001 would seem a prudent and appropriate action if the Planning Commission were to conclude that there is no possibility that adrive-thru establishment should ever be approved in Old Town in the future. Planning Commission approval of Code Amendment 10-001 would be more protective and supportive of the Old Town Planning Commission Report Code Amendment 10-001 February 9, 2010 Page 3 walking experience in providing clarity to business property owners and potential developers that drive-thru establishments are not supported in Old Town. Drive-thru establishments do not currently exist within any C-2 zoned property within Old Town and staff is unaware of any development plan currently being prepared to develop any new drive-thru establishment within Old Town. ENVIRONMENTAL ANALYSIS Proposed Code Amendment 10-001 (Ordinance No. 1378) is exempt from environmental review under CEQA pursuant to Section 15061(b)(3) of the State CEQA Guidelines. This section provides that a project is exempt from environmental review where it can be seen with certainty that there is no possibility that the activity in question may have a significant effect on the environment. If approved, the proposed amendment would remove drive-in and drive-through establishments from the current list of conditionally permitted uses within the C-2 zoning district and would not have a significant direct or indirect effect on the environment. PUBLIC NOTICE, CHAMBER OF COMMERCE AND TUSTIN PRESERVATION CONSERVANCY REVIEW A public notice was published in the Tustin News on January 28, 2010, informing the public of proposed Code Amendment 10-001. Also, notices were mailed to every property owner within 300 feet of the Old Town commercial area. A copy of the staff report and proposed Code Amendment 10-001 was also forwarded to the Chamber of Commerce and Tustin Preservation Conservancy prior to the Planning Commission's hearing on the matter. Dana L. Ogdon Assistant Director ~~~~~ ~~~ Elizabeth A. Binsack Director of Community Development Attachment A: Planning Commission Resolution No. 4142 Attachment B: Code Amendment 10-001 (Ordinance No. 1378) ATTACHMENT A PLANNING COMMISSION RESOLUTION NO. 4142 RESOLUTION NO. 4142 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF TUSTIN, CALIFORNIA, RECOMMENDING THAT THE CITY COUNCIL APPROVE CODE AMENDMENT 10-001 (ORDINANCE NO. 1378) AMENDING SECTION 9233 OF PART 3 OF CHAPTER 2 OF ARTICLE 9 OF THE TUSTIN CITY CODE PROHIBITING DRIVE-IN AND DRIVE- THRU ESTABLISHMENTS IN OLD TOWN TUSTIN. The Planning Commission does hereby resolve as follows: The Planning Commission finds and determines as follows: A. It is the Tustin City Council and Planning Commission's continuing desire that Old Town Tustin become a vibrant and walkable town center offering shops and dining along with places to live and work. The introduction of new residents and businesses would likely generate more activity in and around Old Town, improve the existing sense of place, and expand the economic viability of the area. B. The Tustin City Council authorized the preparation of The Old Town Parking Study, which concluded that the introduction of customer-attracting commercial uses (such as restaurants, theaters, etc.) would generate jobs and increase the number of persons shopping and working in Old Town Tustin. C. The Old Town Parking Study also concluded that Old Town Tustin's existing parking supply is adequate and presents an opportunity to allow for additional land uses to locate within the study area. D. On December 8, 2009, the Tustin Planning Commission forwarded a concern to the Tustin City Council that existing zoning provisions allow drive-in and drive- thru establishments with the approval of a conditional use permit, and that such uses may not be compatible with the Old Town walking environment; E. On January 5, 2010, the Tustin City Council concurred with the Planning Commission's recommendation and directed staff to draft Code Amendment 10- 001 to prohibit drive-in and drive-thru establishments in Old Town Tustin; F. Code Amendment 10-001 has been prepared for Planning Commission consideration and, upon the Planning Commission's supportive recommendation, for adoption by the Tustin City Council; G. Proposed Code Amendment 10-001 (Ordinance No. 1378) is exempt from environmental review under CEQA pursuant to Section 15061(b)(3) of the State CEQA Guidelines. This section provides that a project is exempt from environmental review where it can be seen with certainty that there is no Resolution No. 4142 Page 2 possibility that the activity in question may have a significant effect on the environment. If approved, the proposed amendment would remove drive-in and drive-through establishments from the current list of conditionally permitted uses within the C-2 zoning district and would not have a significant direct or indirect effect on the environment. H. That the proposed amendment is consistent with the Tustin General Plan Land Use Element that includes the following City goals and policies for the long-term growth, development, and revitalization of Tustin: 1. Achieve balanced development. 2. Ensure that compatible and complementary development occurs. 3. Promote economic expansion and diversification. I. That the Tustin Planning Commission held a public hearing on Code Amendment 10-001. II. The Planning Commission hereby recommends that the Tustin City Council approve Ordinance No. 1378 (Code Amendment 10-001). PASSED AND ADOPTED by the Planning Commission of the City of Tustin at a regular meeting on the 9th day of February, 2010. STEVE KOZAK Chairperson ELIZABETH A. 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. 4142 was duly passed and adopted at a regular meeting of the Tustin Planning Commission, held on the 9th day of February, 2010. ELIZABETH A. BINSACK Planning Commission Secretary ATTACHMENT B CODE AMENDMENT 10-001 (ORDINANCE NO. 1378) ORDINANCE NO. 1378 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TUSTIN, CALIFORNIA, AMENDING SECTION 9233 OF PART 3 OF CHAPTER 2 OF ARTICLE 9 PERTAINING TO THE PROHIBITION OF DRIVE-IN AND DRIVE-THRU ESTABLISHMENTS IN OLD TOWN TUSTIN The City Council of the City of Tustin does hereby ordain as follows: Section 1. Section 9233c of Part 3 of Chapter 2, Article 9 of the Tustin City Code is hereby amended as follows: (g) Drive-in and drive-thru establishments for permitted uses except on a property located within both the Central Commercial District (C-2) and the Old Town Commercial General Plan land use designation where such use is prohibited. Section 2. If any section, subsection, sentence, clause, phrase, or portion of this ordinance is for any reason held 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, sentence, 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 for the City of Tustin on this _ day of 2010. JERRY AMANTE, MAYOR PAMELA STOKER, City Clerk STATE OF CALIFORNIA ) COUNTY OF ORANGE ) ss. CITY OF TUSTIN ) ORDINANCE NO. PAMELA STOKER, 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. was duly and regularly introduced and read at the regular meeting of the City Council held on the _ day of 2010, and was given its second reading, passed and adopted at a regular meeting of the City Council held on the _ day of 2010, by the following vote: Ordinance Page 2 COUNCILPERSONS AYES: COUNCILPERSONS NOES: COUNCILPERSONS ABSTAINED: COUNCILPERSONS ABSENT: PAMELA STOKER, City Clerk Published: