HomeMy WebLinkAboutPC RES 4142RESOLUTION 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:
I. 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.
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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
passibility 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.
T V ZAK
Chairpe son
ELIZABETH A. BINSACK
Planning Commission Secretary
STATE OF CALIFORNIA
COUNTY OF ORANGE
City of Tustin
I, Elizabeth A. Binsack, the undersigned,
Commission Secretary of the City of Tustin,
duly passed and adopted at a regular meeting
on the 9th day of February, 2010.
hereby certify that I am the Planning
California, that Resolution No. 4142 was
of the Tustin Planning Commission, held
ELIZABETH A. BINSACK
Planning Commission Secretary
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. 1378 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: