HomeMy WebLinkAboutPC RES 3829 2
5
?
$
9
10
12
17
18
19
20
21
22
23
2~
26
28
29
RESOLUTION NO. 3829
A RESOLUTION OF THE PLANNING COMMISSION
OF THE CITY OF TUSTIN, CALIFORNIA,
RECOMMENDING THAT THE CITY COUNCIL
ADOPT CODE AMENDMENT 02-002, AN
AMENDMENT TO TUSTIN CITY CODE SECTIONS
9233(a)(1)(g), 92330(y), 92330(ff), 9233(e), AND
9252j3(c) OF THE TUSTIN CITY CODE RELATED TO
OFFICE USES WITHIN THE CENTRAL
COMMERCIAL (C-2) ZONING DISTRICT AND THE
CULTURAL RESOURCES OVERLAY DISTRICT
The Planning Commission of the City of Tustin does hereby resolve as follows:
I. The Planning Commission finds and determines:
Subsections 9233(a){1)(g), 9233c(y), 9233c(ff), 9233(e), and
9252j3(c) of the Tustin City Code are not sufficient to provide clear
guidance regarding the establishment of office uses within the
Central Commercial (C-2) zoning district.
Section 65850 of the Government Code allows the City to adopt
ordinances that regulate the use of buildings, structures, and land;
the intensity of land use; and off-street parking and loading.
There have been inquiries regarding constructing and locating office
uses within areas where retail commercial uses are desired and
approval of additional office uses would adversely deter, discourage,
and prevent implementation of such retail commercial uses and
thereby adversely affect the public health, safety, or welfare of the
City. In addition, the establishment of offices would detract from the
retail commercial nature of such areas and undermine the
implementation of the land use policy established and articulated by
the Tustin General Plan as follows:
Land Use Policy 1.2: Provide for and encourage the
development of neighborhood serving commercial uses in
areas of Tustin presently underserved by such uses.
Encourage the integration of retail or service commercial uses
on the street level of office projects.
Land Use Element Implementation Measure 1: Revisions to
the Zoning Ordinance shall include, but not be limited to,
provision of incentives to encourage integration of retail uses
5
6
7
8
9
10
12
13
14
16
18
19
20
21
22
23
24
25
26
27
28
29
Resolution No. 3829
Page 2
II.
on the street level of office projects.
This Code Amendment is necessary to protect the citizens of Tustin
and the community vision for the City by providing permanent
regulations for office uses within Central Commercial District and the
Cultural Resources Overlay District.
The purpose of this Code Amendment is to restrict and regulate the
installation and establishment of new professional and general office
uses in the Central Commercial District and the Cultural Resources
Oveday District, including changes of use of any existing building or
structure to a professional or general office use, to ensure that
professional and general office uses will be compatible with,
enhance, and complement retail commercial uses in the Central
Commercial District and the Cultural Resources Overlay District.
That a public hearing was duly noticed, called, and held on Code
Amendment 02-002 on April 22, 2002, by the Planning Commission.
This project would not have a significant effect on the environment,
and a Negative Declaration has been recommended for adoption.
The Planning Commission hereby recommends that the City Council
approve amendments to Central Commercial (C-2) District and the Cultural
Resources Overlay District of the Tustin City Code related to office uses as '
follows:
Paragraph (g) of Subsection (a)(1) of Section 9233 of the Tustin Municipal
Code is amended to read:
(g)
Professional and general offices where less than fifty (50) percent of
the total floor area, if located on any floor above the ground floor of a
building, will be occupied by a professional or general office use.
Paragraph (y) of Subsection (c) of Section 9233 of the Tustin Municipal
Code is amended to read:
(Y)
Professional and general offices. Construction of new building or
occupancy of an existing building where greater than fifty (50)
percent of the total floor area, or any portion of the ground floor area
of a building, will be occupied by professional or general office use.
Paragraph (ff) of Subsection (c) of Section 9233 of the Tustin Municipal
Code is deleted.
5
6
7
8
9
10
11
13
15
16
17
18
19
20
22
23
24
25
26
27
28
29
Resolution No. 3829
Page 3
Paragraphs (1) and (2) of Subsection (e) of Section 9233 of the Tustin
Municipal Code are amended to read:
(e) Office Use Criteria:
(1)
When a conditional use permit is required for professional
and general offices where any portion of the ground floor area
or greater than fifty (50) percent of the total floor area will be
occupied by professional or general office use, findings, in
addition to those findings required to be made prior to
approval of a conditional use permit pursuant to Section 9291
of the Tustin City Code, shall be made. Findings shall include
supporting documentation and evidence prior to the approval
of a conditional use permit stating 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)
Office uses authorized on any portion.of the ground floor of a
building pursuant to the use criteria in this subsection shall
conform with the parking standards for retail commercial uses
for the first floor area of the building, unless other standards
are applicable to any portion of the property pursuant to the
Cultural Resources Overlay District.
Paragraph 3(c) of Subsection j of Section 9252 of the Tustin Municipal
Code are amended to read:
(c) Authorized and encouraged uses.
The following uses are authorized and encouraged with the
interest of creating a commercial village atmosphere:
Pipe and tobacco shops
Wine tasting rooms
Leather goods
Candle shops
Boutiques
Coffee shops
Lamp shops
Yardage goods
Knit shops
Ice cream shops
Jewelry shops
Wrought iron ware
5
6
7
9
10
11
12
13
t5
16
17
18
19
20
21
22
23
24
25
26
27
28
29
Resolution No. 3829
Page 4
Ethnic restaurants
(Spanish, Mexican,
French, German, etc.)
Hobby shops
Photographer's studios
China and crystal
Art galleries
General Offices (if located
on any floor above
the ground floor
and if less than 50
percent of total area
are occupied
by general offices,
consistent with
Section 9233a(1)(g)
Delicatessens
Antiques shops
Gift shops
The above list of potential uses is not all encompassing but typifies
the character of uses that illustrate the desired image.
PASSED AND ADOPTED by the Planning Commission of the City of Tustin, at a
regular meeting on the 22nd day of April, 2002.
DOUGLASS S. DAVERT
Chairperson
ELIZABET~I Al BrNSACK
Planning Commission Secretary
STATE OF CALIFORNIA )
COUNTY OF ORANGE ) SS
CITY OF TUSTIN )
I, ELIZABETH A. BINSACK, the undersigned, hereby certify that I am the Planning
Commission Secretary of the Planning Commission of the City of Tustin,
California; that Resolution No. 3829 was duly passed and adopted at regular
meeting of the Tustin Planning Commission, held on the 22nd day of April, 2002.
ELIZABETH A. BINSACK
Planning Commission Secretary