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HomeMy WebLinkAbout02 CA 02-002ITEM #2 eport to the Planning Commission DATE: APRIL 22, 2002 TO: FROM: SUBJECT: PLANNING COMMISSION COMMUNITY DEVELOPMENT DEPARTMENT CODE AMENDMENT 02-002 FOR OFFICE USES IN THE CENTRAL COMMERCIAL (C-2) DISTRICT AND THE CULTURAL RESOURCES OVERLAY DISTRICT RECOMMENDATION That the Planning Commission adopt Resolution No. 3828 recommending that the City Council adopt the Negative Declaration as adequate for Code Amendment No. 02-002; and, That the Planning Commission adopt Resolution No. 3829 recommending that the City Council adopt Code Amendment No. 02-002 related to office use criteria within the Central Commercial (C-2) Distdct and the Cultural Resources Oveday District. BACKGROUND AND DISCUSSION On July 2, 2001, the City Council adopted lntedm Ordinance No. 1241 amending Sections 9233(a)(1)(g), 9233c(f0, and 9233(e) of Tustin City Code to clarify the intent of the office use cdteda. While the Tustin City Code has contained office use criteda since 1983, the requirements related to office uses needed clarff]cetion. In addition, this clarification was needed to protect the public health, safety, and welfare and ensure that office uses will not proliferate in areas where commercial retail uses would be more compatible or desirable. Interim Ordinance No. 1241 was in effect until August 16, 2001. On August 13, 2001, the City Council adopted Intedm Ordinance No. 1242 extending the Intedm Ordinance No. 1241 for 10 months and 15 days or until June 28, 2002. Code Amendment 02-002 would replace the intedm ordinance with a permanent ordinance. For Code Amendment 02-002, the intedm ordinance has been revised slightly to clarify the requirements for offices within the Central Commercial (C-2) Distdct and Cultural Resources Overlay District. The proposed permanent amendments to the Tustin Municipal Code, which would be contained in Ordinance No. 1251 when they are presented to the City Council, would be as follows: Planning Commission Report Code Amendment 02-002 Aprit 22, 2002 Page 2 Permitted Office Uses · Office uses would be permitted on any floor above the ground floor in less than fifty (50) percent of a building. Section 9233(a)(1)(g)would be amended to state: (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. Conditionally Permitted Office Uses · Office uses would be conditionally permitted on the ground floor and in more than fifty (50) percent of a building. Section 9233 (c)(y) would be amended to state: (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. In addition, Section 9233(c)(ff), which lists offices as conditionally permitted uses, would be deleted to avoid redundancy with the above paragraph. Use Criteria - Required Findings and Parkinq Requirements for Offices · Sections 9233(e)(1) and (2) would set forth required findings and parking requirements for conditionally permitted office uses, as follows: (e) Office Use Criteda - Office Development: (1) When a conditional use permit is required for professional and general offices where any portion of the ground floor area or greater than ~ty (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 Tusfin 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 Planning Commission Report Code Amendment 02-002 April 22, 2002 Page 3 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. Encoura.qed Uses in the Cultural Resources Overlay District Since most of the Cultural Resources Oveday District is located in the C-2 zoning district, Section 9252(j)(3)(c) would indicate that offices aro encouraged in the Cultural Resources Oveday District on any floor above the ground floor and in less than fifty (50) percent of the total building area, consistent with conditionally permitted office uses in the C-2 distdc{, as follows: (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 Ethnic restaurants (Spanish, Mexican, French, German, etc.) Hobby shops Photographer's studios China and crystal Lamp shops Yardage goods Knit shops Ice cream shops Jewelry shops Wrought iron ware Art galleries General Offices (if located on any floor above the ground floor and if less than 50 percent of total area is occupied by general offices, consistent with Section 9233a(1 )(g) Delicatessens Antiques shops Gift shops The above list of potential uses is not ail encompassing but typifies the character of uses that illustrate the desired image. Planning Commission Report Code Amendment 02-002 April 22, 2002 Page 4 ENVIRONMENTAL ANALYSIS A Negative Declaration has been prepared for this code amendment (Attachment I - EXhibit A of Resolution No. 3828). Since the proposed code amendment would not result in any significant impacts to the environment, no mitigation measures are necessary. OTHER AGENCIES The Tustin Community Redevelopment Agency has reviewed and supports Code Amendment 02-002. In addition, Code Amendment 02-002 is consistent with the Tustin Old Town Association objective to stimulate the Old Town commemial district. Staff recommends that the Planning Commission adopt Resolution Nos. 3828 and 3829 recommending that the City Council adopt Code Amendment 02-002. J ds~h'a Willkom As~ciate Planner Attachments: 1. Resolution No. 3828 2. Resolution No. 3829 Karen Peterson Senior Planner S:\Cdd~PCREPORT~C-2 Office Crlteda (permanent),0oc Attachment 1 Resolution No. 3828 6 7 $ 9 16 ~7 19 ~0 2! 23 24 ~6 27 29 RESOLUTION NO. 3828 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF TUSTIN, CALIFORNIA RECOMMENDING THAT THE CITY COUNCIL ADOPT THE FINAL NEGATIVE DECLARATION AS ADEQUATE FOR CODE AMENDMENT 02-002 AS REQUIRED BY THE CALIFORNIA ENVIRONMENTAL QUALITY ACT. The Planning Commission of the City of Tustin does hereby resolve as follows: I. The Planning Commission finds and determines as follows: That Code Amendment 02-002 is considered a "project" pursuant to the terms of the California Environmental Quality Act; A draft Initial Study and Negative Declaration has been prepared for this project and distributed for public review. The draft Initial Study/Negative Declaration evaluated the implications of the code amendment citywide; and, The Planning Commission of the City of Tustin has considered evidence presented by the Community Development Director and other interested parties with respect to the subject draft Initial Study/Negative Declaration. II. A Final Negative Declaration, attached hereto as Exhibit A, has been completed in compliance with CEQA and State guidelines. The Planning Commission has received and considered the information contained in the Negative Declaration prior to recommending approval of the proposed project and found that it adequately discusses the environmental effects of the proposed project. On the basis of the initial study and comments received dudng the public hearing process, the Planning Commission finds that there will not be a significant effect on the environment as a result of the code amendment. In addition, the Planning Commission finds that the project involves no potential for any adverse effect, either individually or cumulatively, on wildlife resources as defined in Section 711.2 of the Fish and Game Code. The Planning Commission hereby recommends that the City Council adopt the Final Negative Declaration for Code Amendment 02-002. 5 6 7 9 10 11 13 16 18 19 2O 21 22 23 24 25 26 27 28 29 Resolution No. 3828 Page 2 PASSED AND ADOPTED at a regular meeting of the Tustin Planning Commission, held on the 22nd day of April, 2002. DOUGLASS S. DAVERT 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. 3828 was duly passed and adopted at a regular meeting of the Tustin Planning Commission, held on the 22 day of Apdl, 2002. ELIZABETH A. BINSACK Planning Commission Secretary Exhibit A of Resolution No. 3828 COMMUNITY DEVELOPMENT DEPARTMENT 300 Centennial Way, Tustin, C.4 92780 (714) 573-$100 NEGATIVE DECLARATION Project Title: Code Amendment 02-002 Project Location: Citywide Project Description: Amendment of Sections 9233(a)(1)(g), 9233e(y), 9233¢(f0, 9233(e), and 9252j3(c) of the Tustin City Code to clarify that the intent of the office use criteria within the Central Commere/al (C-2) zoning district and the Cultural Resources Overlay District. The amendment will require the approval of conditional use permits with special findings for the establishment of offices on the ground floor of buildings or m more than fifty (50) percent of the total floor area of buildings located within the Central Commercial (C-2) zoning district. This code amendment is needed m protect the public safety, health, and welfare and ensure that office uses will not proliferate in areas where commercial retail uses would be more comparable or desirable. Project Proponent: City of Tustin, 300 Centennial Way, Tustm, CA 92780 mead Agency Contact Person: Justina Willkom Telephone: (714) 573-3174 The Community Development Department has conducted an Initial Smd3' for the above project in accordance with the City of Tustin's procedures regarding implementation of the California Environmental Quality Act, and on the basis of that study hereby finds: That there is no substantial evidence that the project may have a significant effect on the environment. That potential significant effects were identified, but revisions have been included in the project plans and agreed to by the applicant that would avoid or mitigate the effects to a point where clearly no significant effects would occur. Said Mitigation Measures are included in A~_ehment A of the Initial Study which is attached hereto and inenrporated herein. Therefore, the preparation of an Enviromental Impact Report is not required. The Initial Study which provides the b~sis for this determination is attached and is on file at the Community Development Department, City of Tustin. The public is invited to comment on the appropriateness of this Negative Declaration during the review period, which begins on Aoril 5.2002 and extends for twenty (20) calendar days. Upon review by the Community Development Director, this review period may be extended if deemed necessary. REVIEW PERIOD ENDS 4:00 P.M. ON APRIL 24, 2002, r~t~:::'"~t~ t~g~/ ate: ^ ril 5.20°2 Elizabeth A. Binsaek Community Development Director COMMUNITY DEVELOPMENT DEPARTMEN~ 300 Centennial Way, Tustin, C,4 92780 (714) 573-3100 INITIAL STUDY BACKGROUND Project Title: Code Amendment 02-002 Lead Agency: City of Tustin, 300 Centennial Way, Tustin, Califomia 92780 Lead Agency Contact Person: Jnstina Willkom Phone: (714) 573-3174 Project Location: Citywide Project Sponsor's Name and Address: N/A General Plan Designation: All commercial land use designations. Zoning Designation: Central Commercial (C-2) zoning districts. Project Description: Amendment of Sections 9233(a)(1)(g), 9233c(y), 9233c(ff), 9233(e), and 9252j3(e) of Tustin City Code to clarify the intent of the office use criteria within the CenUal Commercial (C-2) zoning district and the Cultural Resources Overlay District. The amendment will require the approval of eondilional use p~mdts with special findings for the establishment of offices on the ground floor of buildings or in more than fifty (50) percent of thc total floor area of buildings located within thc Central Commeroial (C~2) zoning district. This amendment is needed to protect the public safcty, health, and welfare and ensure that office uses will not proliferate in areas where commercial retail uses would be more compatible or desirable. Surrounding Uses: North: County of Orange South: City oflrvine East: County of Orange and City oflrvine West: City of Santa Aha Other public agencies whose approval is required: Orange County Fire Authority Orange County Health Care Agency South Coast Air Quality Management District City of h-vine City of Santa Ann Orange County EMA B, ENVIRONi~ENTAL FACTORS POTEN'I1ALLY AFFECTED The environmental factors checked below would be potentially affected by this project, involving at least one impact that is a "Potentially Significant Impact" as indicated by the checklist in Section D below. ["]Laud Use and Planning [-]Population and Housing [-]Geological Problems I-]Wat~r ['-'lAir Quality [--]Transportation & Circulation [-]Biological Resources [~]Energy and Mineral Resources ]-']Hazards [ oise ~blic Services [~ltilities and Service Systems ]'-]Aesthetics [-']Cultural Resources [']Recreation ]~Mandatory Findings of Significance C. DETERMINATION: On thc basis of this initial evaluation: [] I find that the proposed project COULD NOT have a significant effect on the environment, and a NEGATIVE DECLARATION will be prepared. I find that although the proposed project could have a significant effect on the environment, there will not be a significant effect in this case because thc mitigation measures described on an attached sheet have been added to the project. A NEGATIVE DECLARATION will be prepared. [] I find that the proposed project MAY have a significant effect on the environment, and an ENVIRONMENTAL IMPACT REPORT is required. I find that the proposed project MAY have a significant effect(s) on the environment, but at least one effect !) has been adequately enulyzed in an earlier document pursuant to applicab!e legal standards, and 2) has been addressed by mitigation measures baSed on the earlier analysis aS described on attached sheets, if the effect is a "Potentially Significant Impact" or "Potentially Significant Unless Mitigated." An ENVIRONIVlENTAL IIVIPACT REPORT is required, butit must analyze only the effects that remain to be addressed. I find that although the proposed project could have a significant effect on the environment, there WILL NOT be a significant effect in this case because all potentially significant effects 1) have been analyzed adequately in an earlier EIR pursuant to applicable standards, and 2) have been avoided or mitigated pursuant to that earlier EIR, including revisions or mitigation measures that are imposed upon the proposed project. I find that although the proposed project could have a significant effect on the environment, there WILL NOT be a significant effect in this case because all potentially significant effects 1) have been analyzed adequately in an earlier NEGATIVE DECLARATION pursuant to applicable standards, and 2) have been avoided or mitigated pursuant to that earlier NEGATIVE DECLARATION, including revisions or mitigation measures that are imposed upon the proposed project. Preparer: Jnsfina Willkom Elizabeth A. Binsack, Connnunity Development Director Title Date Associate Planner Auril 5, 2002 1) 2) 3) 4) 5) 7) s) 9) D, EVALUATION OF ENVIRONMIgNTAL IMPACTS Directio~ A brief explanation is required for all answers except "No Impact" answers that are adequately supported by the information sources a lead agency cites in the parentheses following each question. A "No Impact" answer is adequately supported if the referenced information sources show that the impact simply does not apply to projects like the one involved (e.g,, the project falls outside a fault rupture zone). A "No Impact" answer should be explained where it is based on projeCt-specific factors and general standards (e.g., thc projeCt will not expose sensitive receptors to pollutants, based on a project-specific screening analysis). All answers must take into account the whole action involved, including off-site, on-site, cumulative project level, indirect, direct, conslruction, and operational impacts. Once the lead agency has det~mdned that a particular physical impact may occur, the cheCklist answers must indicate whether the impact is potentially significant, less than significant with nfitigntion, or less than significant. "Potentially Significant Impact" is appropriate if there is substantial evidence that an effect may be significant. If there arc one or more "Potentially Significant Impact" entries when thc dct~Lns~nation is made, and EIR is required. "Negative Declaration: Less Than Significant With Mitigation Incorporated' applies where the incorporation of mitigation measures has reduced an effect from "Poterttial!y Significant Impact" to a "Less than Significant Impact." The lead agency must deserihe the mitigation measures, and briefly explain how they reduce the effect to a less than significant level (mitigation measures from Section XVII, "Earlier Analyses," may be cross- referenced). Earlier analyses may be used where, pursuant to the tiering, program EIR, or other CEQA process, an effect has been adequately analyzed in an earlier EIR or negative deClaration. Section 15063 (e) (3)(13). In this case, a bric ~ discussion should identify the following: a) Earlier Analysis Used. Identify and state where they are available for review. b) Impacts Adequately Addressed. Identify which effects fxom the above checklist were within the scope of and adequately analyzed in an earlier document pursuant to applicable legal standards, and state whether such effects were addressed by mitigation measures based on the earlier analysis. c) Mitigation Measures. For effects that are "Less than Significant with Mitigation Measures Incorporated," describe the mitigation measures which were incorporated or refined from the earlier document and the extent to which they address site-specific conditions for the project. Lead agencies are encouraged to incorporate into thc checklist references to information sources for potential impacts (e.g., general plans, zoning ordinances). Reference to a previously prepared or outside document should, where appropriate, include a reference to the page or pages where the statement is substantiated. Supporting Information Sources: A source list should he attached, and other sources used or individuals eontactod should be cited in the discussion. This is only a suggested form, and Icad agencies are free to usc different formats; however, lead agencies normally address the questions from this checklist that are relevant to a project's environmental effeCts in whatever format is selected. The explanation of each issue should identify: a) the significance criteria or threshold, if any, used to evaluate each question; and, b) the mitigation measure identified, if any, to reduce the impact to less than significance. EVA~UA E .0 NTAL IMPACTS Would lhe project: a) Have a substantial adverse effect on a scenic vista? b) Substantially damage scenic resources, including, but not limited to, trees, rock outcroppings, and historic buildings within a state scenic highway? c) Substantially d~grade the existing visual character or quality of thc site and its surroundings? d) Create a new source of substantial light or glare wMch would adversely affect day or nightlirnc views in the area? H. AGRICULTURE RE$OURCI~.g: In determining whether impacts to agricultural resources are si~i6can~ environmental eff~ts, lead agencies may refer to the California Agricultural Land Evaluation and Site Assessment Model (1997) prepared by the California Dept~ of Conservation as an optional model to use in assessing impacts on agriculture and rain,and. Would the project: a) Convert Pfirae Farmland, Unique Farmland, or Farmland of Statewide Importance (Fa_,'mland), as shown on lhe maps p~pared pursuant to the Farmland Mapping and Monitoring Program of the California Resources Agency, to non- ~gricultural use? b) Con-q/ct with existing zomug for agricultural usc, or a Willlamzon Act conlract? c) Involve other changes in the existing environment which, due to their location or nature, could result in conversian of Farmland, to non-agricultural use? ~: Where available, the significance criteiia established by the applicable air quality management or air pollution control dislrict may be relied upon to make the following de~rminafions. Would the project: a) Conflict with or obstruct implementation of the applicable air quality plan? b) Violate any air qualify standard or contribute substamially to an existing or projected air quality violation? c) Result in a cumulatively considerable net increase of any criteria pollutant for which the project region is non- ai'minmant under an applicable federal or state ambient air quality standard (including releasing emissions which exceed quantitative thresholds for ozone precursors)? d) Expose sensitive receptors to substantial polJutant concenWations? e) Create objectionable odors affecting a substantial number of people? Less Than Significant P°tentially With Significant Mitigation Impact Incorporation Less Than Significant Impact [] [] [] [] [] [] [] [] [] [] [] [] No Impact [] [] [] [] [] [] [] [] [] [] [] [] [] [] [] [] [] [] [] [] [] [] [] [] [] [] IV. BIOLOGICAL RESOURCES: - Would the project: a) Have a substantial advcme effect, cither directiy or through habitat modifications, on any species identified as a candidate, sensitive, or special status species in local or regional plans, policies, or regulations, or by the California Department offish and Game or U.S. Fish and Wildlife Service? b) Have a substanffal adverse effect on any riparian habitat or other semitive natural community identified in local or regional plans, policies, regulations or by the California Department offish and Game or U.S. Fish and Wildlife Service? c) Have a substantial adverse effect on federally protected wetlands as defined by Section 404 of the Clean Water Act (including, but not limitcd to, marsh, vernal pool, coastal, etc.) through direct removal, filling, hydrological interruption, or other means? d) Interfese substantially with the movement o f any native resident or m/gratory fish or wildlife species or with established native resident or migratory wildlife corridors, or impede the use of native wildlife nursery sites? e) Conflict with any local policies or ordinances protecting biological resources, such as a tree prcscrvafion policy or ordinance? f) Conflict with tho provisions of an adopted Habitat Conservation Plan, Natural Community Conservation Plan, or other approved local, regional or state habitat conservation plan? V. CULTURAL RESOURCES: - Would the project: a) Cause a substantial adverse change in the significance of a h/sturical resource as defined in § 1506~.57 b) Cause a substantial adverse change in the significance of an archaeological resource pursuant to § 15064.5? c) Directly or indirectly destroy a unique paleontological r~ource or site or unique geologic feature? d) Disturb any human remains, /ncluding those interred outside of formal cemeteries? VL GEOLOGY AND SOILS: - Would the project: a) Expose people or smictures to potential substantial adverse effects, including the risk of loss, injury, or death involving: Potentially Signifcant Impact Less Than Significant With Mit~'gation Incorporation Less Than Significant Impact No Impact [] [] [] [] [] [] [] [] [] [] [] [] [] [] [] [] [] [] [] [] [] [] [] [] [] [] [] [] [] [] [] [] [] [] [] [] [] [] [] [] 0 Rupture of a known earthquake fault, as delineated on the most recent Alquist-Priolo Earthquake Fault Zoning Map issued by the Sate Geologist for the area or based on other substantial evidence ora l~own fault? Refer to Division of Mines and Geology Special Publication 42. ii) Suong seismic ground shaking? iii) Seismic-related ground failure, inoluding liquefaction? iv) Landslides? b) Result in substantial soil erosion or the loss of topsoil? c) Be located on a geologic unit or soft that is unstable, or that would become unstable as a result oft,he project, and potentially result in on- or off-site landslide, lateral spreading, subsidence, liquefaction or collapse? d) Be located on expansive soil, as defined in Table 18-1-B of the Uniform Bnilding Code (1994), creat/ng sobstant/al risks to life or prop~y? e) Have soils incapable of adequately supporting th~ use of septic tanks or alternative waste water disposal systems where sewers are not available for th~ disposal of waste water? Le~$ Than Significant Potentially With Less ~ttan Significant Mitz~ation Significant Impact Incorporation Impact No Impact [] [] [] [] [] [] [] [] [] [] [] [] [] [] [] [] [] [] [] [] [] [] [] [] [] [] [] [] VII. HAZARDS AND HAZARDOUS MATERIALS: Would the project: a) Create a significant hazard ~o the public or the environmem through the routine transport, use, or disposal of hazardous materials? b) Create a significant hazard to the public or the environment through reasonably foreseeable upset and accident conditions involving the release of hazardous malmlals into the eovironmeot? c) Emit hazardous emissions or handle hazardous or acutely hazardous mat~tials, substances, or waste within one-quarter mile of an cxisting or p~oposed school? d) Be located On a site which is included on a list of hazardous materials sites compiled pursuant to Government Code Section 65962.5 and, as a result, would it create a significant hn'~rd to the public or the environment? e) For a project located within an airport land use plan or, where such a plan has not been adopted, within two miles of a public airport or public use airport, would the project result in a safety hazard for people residing or working in the project irea? f) For a project within the vicinity of a private airstrip. would the project result in a safety hazard for people residing or working in the project area? [] [] [] [] [] [] [] [] [] [] [] [] [] [] [] [] [] [] [] [] [] [] [] [] g) Impair implemeniatiou of or physically interfere with an adopted era~gency response plan or emergency evacuation plan? h) Expose people or slructures to a significant risk of loss, injury or death involving wildland fu~s, including where wlldlands are adjacen! to orb~niTed areas or where residences are intermixed with wildlands? VIII. HYDROLOGY AND WATER OUALITY: - Would the project: a) Violate any water quality standards or waste discharge requirements? b) Substantially deplete groundwater supplies or interfere substantially with groundwater recharge such that them would be a net deficit in aquifer volume or a lowering of the local groundwater teblc level (e.g., the production rate of pre- existing nearby wells would drop to a level which would not support existing land uses or planned uses for which permits have been granted)? c) Substantially alter the existing drainage pattm'n of the site or area, including through the altexation of the course of a stream or river, in a manner which would result in substantial erosion or siltation on- or off-site? d) Substantially alter the existing drainage pal~ern of the site or area, including through the alteration of the course of a sixeam or river, or substantially increase the rate or amount of surface nmoffin a manner which would result in flooding on- or off-sit~? e) Create or contribute runoffwater which would exceed the capacity of existing or planned stormwater drainage systems or provide subslantial additional sources of polluted runofl? Otherwise substantially degrade water quality? g) Place homing withina lO0-year flood hazard area as mapped on a federal Flood Hazard Boundary or Flood Insurance Rate Map or other flood hazard delineation map? h) Place within a lO0-ycar flood hazard area structures which would impede or redirect flood flows? i) Expose people or structures to a significant risk of loss, injury or death involving flooding as a result of the failure of a levee or dam? j) Inundation by seiche, tsunami, or roudflow? IX. LAND USE AND PLANNING - Would the project: Less Than Significant Potentially With Less Than Significant Mitigal~on Significant Impact lnco~?oration Impact [] [] [] Nolmpact [] [] [] [] [] [] [] [] [] [] [] [] [] [] [] [] [] [] [] [] [] [] [] [] [] [] [] [] [] [] [] [] [] [] [] [] a) Physically divide an ~steblisbed communi~? [] [] [] [] o) Conflict with any applicable land use plan, policy, or regulation of an agency with jurisdiction over the project (including, but not limited to the general plan, ~pocific plan, local coastal program, or zoning ordinance) adopted for the purpose of avoiding or mitigating an cnviroll.n2catal effect? c) Conflict with any applicable habitat conservation plan or natural community conservation plan? Ii. MINERAL RESOURCES - Would the project:. a) Result in the loss of availability of a known mineral resource that would be of value to the region and the residents of thc state?' b) Result in the loss of availability of a locally-important min~l'~ r~source recovery site delineated on a local general plan, specific plan or other land use plan? XL NOISE- Would the project result in: a) Exposure of persons to or generation of noise levels in excess of standards established in the local general plan or · else ordinance, or applicable standards of other agencies? b) Exposure of persom to or generation of excesslvc groundbome vibration or groundbomc noise levels? c) A substantial permanent increase in ambient noise levels in the project vic/nity above levels existing without the project?. d) A substantial temporary or periodic increase in ambient noise levels in the project vicinity above levels existing without the project?. e) For a project located within an airport land use plan or, where such a plan has not been adopted, within two miles of a public airport or public use ah-pon, would the project expose people residing or working in the project area to excessive noise levels? f) For a project within thc vicinity of a private airstrip, would the project expose people residing or working in the project area to excess noise levels? XH.POPULATION AND HOUSING - Would the project: a) Induce substantial population growth in an ama, either directly (for exaraple, by proposing new homes and businesses) or indirectly (for example, through extension of oads or other infrastructure)? b) Displace substantial numbcrs of cxistnig housing, necessitating the construction of replacement housing elsewhere? L~ss Than Significant Potentially With Less Than Significant Mitigation Significant Impact Incorporation Impact No Impact [] [] [] [] [] [] [] [] [] [] [] [] [] [] [] [] [] [] [] [] [] [] [] [] [] [] [] [] [] [] [] [] [] [] [] [] [] [] [] [] [] [] [] [] [] [] [] [] c) Displace substantial numbers of people, necessitating the construction of rephcement housing elsewhere? PUBLIC SERVICES a) Would the project result in substantial adverse physical at, Pacts associated with the provision of new or physically altered governmental facilities, need for new o~ physically altered governmental facilities, the conslruction of which could cause significant envirom~aental impacts, in order to maintain accepiable service ratios, response times or other performance objectives for any of the public services: Fire protection? Police protection? Schools? Parks? Other public facilities? XIV. RECREATION- a) Would thc project increase the use of existing neighbogaood and regional parks or other recreational facilities such that substantial physical deterioration of the facility would occur or be accelerated? b) Does thc project include recreatiousl facilities or r~quirc the consh'uction or expansion ofrecreationsl facilities which might have an adverse physical effect on the environment? XV. TRANSPORTATION/TRA~'FIC - Would the project: a) Cans~ an increase in traffic which is substantial in rehtion to the existing traffic load and capacity of the street system (i.e. result in a substantial increase in either the number of vehicle trips, the volume m capacity ratio on roads, or congestion at mtersectiom)? b) Exceed, either individually or cumulatively, a level of service standard established by the county congestion management agency for designated roads or highways? c) Result in a change in air traffic patterns, including either an Lacroasc in traffic levels or a change in location that results La substantial safety risks? d) Substantially increase hazards due to a design feature (c.g. sharp curves or dangerous intersections) or incompatible uses (e.g., farm equipment)? e) Result in inadequate emergency access? 0 Result in imdcquat~ pa~king capacity? Less Than Significant Potentt~tlly With Significant Mitigation Impact Incorporation Less Than Significant Impact No Impac~ [] [] [] [] [] [] [] [] [] [] [] [] [] [] [] [] [] [] [] [] [] [] [] [] [] [] [] [] [] [] [] [] [] [] [] [] [] [] [] [] [] [] [] [] [] [] [] [] g) Conflict with adopted policies, plans, or programs supporting alternative ~msportation (c.g., bus tomouts, bicycle racks)? XVI, U'I1LITIES AND SERVICE SYSTEMS - Would ~ha project: a) Exceed wast~water treaunent requirements of the applicable Re~ional Water Quali~y Con~rol Board? b) Require or result in the conSlmctinn of new water or wastewater treatment faciliiias or expansion of existing facilities, the consiruction of which could cause significant environmental effects? c) Require or result in the cous~ruction of new storm water drainage facilities or expansion of existing facilities, the cons~action of which could cause si~ificam environmental effects? d) Have sufficient water supplies available to serve the project from existing entitlements and resources, or are new or expanded entitlements needed? ~) Result in a determination by thc wastewater ffeatment ~rovides which serves or may serve the project that it has adequate capacity to sorvc thc project's projected demand in addition to the provider's existing commitments? f) Be served by a landfill with sufficient pertained capacity to accommodate the project's solid waste disposal needs? g) Comply with federal, slate, and local statutes and re,halations related to solid waste? XVIL MANDATORY FINDINGS OF SIGNIFICANCE a) Docs the project have the potential to del~de the quality of the environment, substantially reduce the habitat of a fish or wildlife species, cause a fish or wildlife population to drop below self-suslainlng levels, threaten to eliminate a plant or animal community, reduce the number or restrict the range of a rare or endangered plant or animal or eliminate important examples of the major periods of California history or prehistory? b) Does theproject have impacts that are individually limited, but cumulalivcly considerable? ("Cumulatively considarablc" n-e. aus that the incremental effects of a project are comide~able when viewed in connection with the effects of past project, the effects of other current projectS, and the effects of probabla future projects)? c) Does the project have environmental effects which will cause substantial adverse effects on human beings, either directly or indirectly? Potentially Significant Impact [] [] [] Less Than Significant With Mitigation Incorpon~tion [] [] [] l.,e~$ Than Significant Impact [] [] [] No Impact ATTACHMENT A EVALUATION OF ENVIRONMENTAL IMPACTS CODE AMENDMENT 02-002 (C-2 OFFICE USE CRITERIA) BACKGROUND Code Amendment 02-002 involves the amendment of Sections 9233(a)(1)(g), 9233c(y), 9233c(ff), 9233(e), and 9252j3(c) of the Tustin City Code to clarify that the intent of the office use criteria within the Central Commercial (C-2) zoning district and the Cultural Resources Overlay District. The amendment will require the approval of conditional use permits with special findings for the establishment of offices on the ground floor of buildings or in more than f'n~y (50) percent of the total floor area of buildings located within the Central Commercial (C-2) zoning district. Code Amendment 02-002 is needed to protect the public safety, health~ and welfare and ensure that office uses will not proliferate in areas where commercial retail uses would be more compatible or desirable. There would be no physical improvement or changes in the environment as a result of the adoption of this code amendment. Impacts of potential future projects would be evaluated in conjunction with each future project. 1. AESTHETICS Items a throuqh d -"No Impact": The proposed code amendment would establish provisions for the establishment of offices on the ground floor of buildings or in more than fifty (50) percent of the total floor area of buildings located within the Central Commercial (C-2) zoning distdct and the Cultural Resources Oveday District. No physical improvements are currently proposed in conjunction with the adoption of this code amendment. As such, the proposed code amendment will not have any effects on aesthetics in the area including scenic vistas or scenic resources, including, but not limited to, trees, rocks outcropping, and historic buildings within a state scenic highway. The proposed code amendment will not degrade the existing visual character or quality of the plan area or its surroundings. The proposed code will not create new source of substantial hight or glare that would affect day or nighttime views in the area. Impacts related to any future project would be identified and evaluated in conjunction with a specific project. Sources; Tustin Zoning Code Tustin General Plan Mitiqation/Monitodn.q Require~.: None Required 2. AGRICULTURAL RESOURCE~ Items a throuclh c - "No Impact": The proposed code amendment would establish provisions for the establishment of offices on the ground floor of buildings or in Code Amendment 02-002 - Initial Study Attachment A Page 2 of 8 more than fifty (50) percent of the total floor area of buildings located within the Central Commercial (C-2) zoning district and the Cultural Resources Oveday District; however, no physical improvements are currently proposed in conjunction with the code amendment. The proposed code amendment will have no impacts on any farmland, nor will it conflict with existing zoning for agricultural use, or a Williamson Act contract. The code amendment will not result in conversion of farmland to a non-agricultural use. Impacts related to any future project would be identified and evaluated in conjunction with a specific project. Sources: Tustin General Plan Miti,qation/MonitodnR Required: None Required AIR QUALITY Items a throuoh e - "No Impact. The proposed code amendment would establish provisions for the establishment of offices on the ground floor of buildings or in more than fifty (50) percent of the total floor area of buildings located within the Central Commemial (C-2) zoning district and the Cultural Resoumes Oveday District; however, no physical improvements are currently proposed in conjunction with the code amendment. As such, the code amendment will not conflict with or obstruct implementation of any applicable air quality plan, violate any air quality standard, result in a cumulatively considerable increase of any cdteda pollutant as applicable by federal or ambient air quality standard, nor will it expose sensitive receptom to substantial pollutant concentrations, or create objectionable odor affecting a substantial number of people. Impacts related to any future project would be evaluated when a specific project is proposed. Sources: South Coast Air Quality Management District Rules and Regulations Tustin General Plan Miti,qation/Monltodn.q Required: None Required BIOLOGICAL RESOURCES Items a through f- "No Impact": The proposed code amendment .would establish provisions for the establishment of offices on the ground floor of buildings or in more than f~7 (50) percent of the total floor area of buildings located within the Central Commemial (C-2) zoning distdct and the Cultural Resoumes Overlay District; however, no physical improvements are currently proposed in conjunction with the code amendment, No impacts to any unique, rare, or endangered species of plant or animal life identified in local or regional plans, policies or regulations by the California Department of Fish and Game or U.S. Fish Code ,4rnendment 02-002 - Initial Study Attachment .4 Page 3 of 8 and Wildlife Service would occur as a result of this code amendment. The code amendment would not have substantial adverse effect on any ripadan habitat, sensitive natural community identified in the local or regional plan, federally protected wetlands, or interfere with the movement of any native resident or migratory fish or wildlife species, nor would the code amendment conflict with any local policies or ordinances protecting biological resources and the provisions of an adopted habitat conservation plan. Impacts related to any future project would be evaluated when a specific project is proposed. Sources: Tustin General Plan Miti.qation/Monitodnq Required: None Required CULTURAL RESOURCES Items a throu.qh d - "No Impact": The proposed code amendment would establish provisions for the establishment of offices on the ground floor of buildings or in more than f'~'ty (50) percent of the total floor area of buildings located within the Central Commercial (C-2) zoning distdct and the Cultural Resources Overlay District; however, no physical improvements are currently proposed in conjunction with the code amendment. As such, the code amendment will not adversely affect any historical resoumes or archaeological resources or destroy or disturb a unique paleontological resource, human remains or geological feature. Impacts related to any future project would be identified and evaluated in conjunction with a specific project. Sources.' Cultural Resources Distdct Tustin Zoning Code General Plan Mitiqation/Monifodnq Required: None Required GEOLOGY AND SOILS Items a (I), a (ii). a (iii), a (iv), b, cI d and e - "No Impact": The proposed code amendment would establish provisions for the establishment of offices on the ground floor of buildings or in more than fifty (50) percent of the total floor area of buildings located within the Central Commercial (C-2) zoning distdct and the Cultural Resources Oveday District; however, no physical improvements are currently proposed in conjunction with the code amendment. As such, the proposed code amendment will not expose people to potential adverse geologic impacts, including the risk of loss, injury, or death involving the rupture of a known earthquake fault, strong seismic ground shaking, landslides, soil erosion, or loss of top soil, nor is the project on unstable or expansive soil. Impacts related to any Code Amendment 02-002 - Initial Study Attachment A Page 4 of 8 future project would be identified and evaluated in conjunction with a specific project. Sources: Tustin General Plan Miti.qation/Monitodnq Required: None Required HAZARD AND HAZARDOUS MATERIALS Items a throuqh h - aNo Impact": The proposed code amendment would establish provisions for the establishment of offices on the ground floor of buildings or in more than f'~ty (50) percent of the total floor area of buildings located within the Central Commemial (C-2) zoning district and the Cultural Resources Overlay District; however, no physical improvements are currently proposed in conjunction with the code amendment. As such, the proposed code amendment will not result in significant hazards (i.e. explosion, hazardous materials spill, interference with emergency response plans, wildland fires, etc.), nor is the project area located within an airport land use plan or vicinity of a private airstrip. Impacts related to futura project would be evaluated when a specific project is proposed. Sources; Orange County Fire Authority Orange County Health Agency Tustin General Plan Miti.qation/Monitodn.q Required: None Required HYDROLOGY AND WATER QUALITY Items a through i - "No Impact": The proposed code amendment would establish provisions for the establishment of offices on the ground floor of buildings or in more than f'~y (50) percent of the total floor area of buildings located within the Central Commemial (C-2) zoning district and the Cultural Resources Overlay District; however, no physical improvements are currently proposed in conjunction with the code amendment. The code amendment would not violate any water quality standards or waste water discharge requirements, substantially deplete or alter groundwater supplies, drainage pattern, including alteration of the course of stream or river, nor would the code amendment create or contribute runoff water which would exceed the capacity of existing or planned stormwater drainage systems. The Code amendment would not degrade water quality, place housing within a 100-year flood hazard area or impede or redirect flood flows. The code amendment would not expose people or structures to a significant risk of loss, injury, or death involving flooding as a result of the failure of a levee or dam, nor would the code amendment inundated by seiche, tsunami, or mudflow. Code Amendment 02-002 - Initial Study Attachment A Page 5 of 8 Impacts related to any future project would be identified and evaluated in conjunction with a specific project. Sources: Tustin General Plan Miti,qation/Monitodn.q Required: None Required LAND USE AND PLANNING Items a throuqh c - "No Impact": The proposed code amendment would establish provisions for the establishment of offices on the ground floor of buildings or in more than ~ty (50) percent of the total floor area of buildings located within the Central Commercial (C-2) zoning district and the Cultural Resources Ovoday District. No physical improvement is proposed* in conjunction with the code amendmenL The code amendment is consistent with the intent of the City's General Plan to ensure compatible and complementary developments. The proposed code amendment will not physically divide an established community or conflict with any environmental programs or applicable habitat conservation plans. Impacts related to any future project would be identified and evaluated in conjunction with a specific project, Sources: Tustin General Plan Tusfin Zoning Code Miti.qation/Monitodnq Required: None Required 10. MINERAL RESOURCES Items a and b - "No Impact": The proposed code amendment would establish provisions for the establishment of offices on the ground floor of buildings or in more than filty (50) percent of the total floor area of buildings located within the Central Commercial (C-2) zoning distdct and the Cultural Resources Overlay District. No physical improvement is proposed in conjunction with the code amendment. The proposed code amendment will not result in loss of a known mineral resource or availability of a locally important mineral resource recovery site delineated on the general plan or other applicable land use maps, Impacts related to any future project would be identified and evaluated in conjunction with a specific project. Sources: Tustin General Plan Miticiation/Monltorin,q Required: None Required Code/lmendment 02-002 - Initial Study ,~ttachment A t~age 6 of 8 11. NOISE Items a throu.qh f - "No Impact": The proposed code amendment would establish provisions for the establishment of offices on the ground floor of buildings or in moro than fifty (50) percent of the total floor aroa of buildings located within the Central Commercial (C-2) zoning district and the Cultural Resources Overlay District. No physical improvement is proposed in conjunction with the code amendment. As such, the proposed code amendment will not expose persons to noise levels in excess of standards established in the general plan, noise ordinance, or excessive ground vibrations, nor will it croate a temporary or permanent increase in the existing ambient noise levels. Impacts related to any future project would be identified and evaluated in conjunction with a specific project. Sources: Tustin City Code Tustin General Plan Miti,qation/Monitorin.q Required: None Requirod 12. POPULATION AND HOUSING Items a, b, and c - "No Impact": The proposed code amendment would establish provisions for the establishment of offices on the ground floor of buildings or in more than fifty (50) percent of the total floor aroa of buildings located within the Central Commercial (C-2) zoning district and the Cultural Resources Overlay District. No physical improvement is proposed in conjunction with the code amendment. The code amendment would not induce substantial population growth in the area nor would it displace substantial numbers of people or housing, necessitating the construction or replacement of housing elsewhere. Impacts related to any future project would be identified and evaluated in conjunction with a specific project. Sources: Tustin General Plan Miti,qation/Monitorin.q Required: None Required 13. PUBLIC SERVICES Item a -" No Impact": The proposed code amendment would establish provisions for the establishment of offices on the ground floor of buildings or in more than fifty (50) percent of the total floor aroa of buildings located within the Central Commercial (C-2) zoning district and the Cultural Resources Overlay District. No physical improvement is proposed in conjunction with the code amendment. As such, the proposed code amendment will not create demand for an alteration of or addition to government facilities or services (fire and police protection, schools, Code,4mendrnent 02-002 - Initial Study .~ttachment /i Page 7 of 8 parks, etc.). Impacts related to any future project would be identified and evaluated in conjunction with a specific project. Sources: Tustin General Plan Mitiqatiort/Monitorina Required: None Required 14. RECREATION items a and b- "No Impact": The proposed code amendment would establish proviSions for the establishment of offices on the ground floor of buildings or in more than fifty (50) percent of the total floor area of buildings located within the Central Commercial (C-2) zoning district and the Cultural Resources Overlay District. No physical improvement is proposed in conjunction with the code amendment. As such, the code amendment would not increase demand for neighborhood parks or recreational facilities. Impacts related to any future project would be identified and evaluated in conjunction with a specific project. .Sources: Tustin General Plan Mitiqation/Monitodn.q Required: None Required 15. TRANSPORTATION/TRAFFIC Items a throu,clh ,q - "No Impact": The proposed code amendment would establish provisions for the establishment of offices on the ground floor of buildings or in more than fifty (50) percent of the total floor area of buildings located within the Central Commemial (C-2) zoning district and the Cultural Resoumes Overlay District. No physical improvement is proposed in conjunction with the code amendment. As Such, no alteration in the traffic generation and circulation patterns within the project area would be affected by the proposed code amendment. The proposed code amendment would not result in changes to air traffic pattams, emergency access, parking capacity, level of service standards, or conflict with adopted policies, plans or programs supporting alternative transportation. Impacts related to any future project would be identified and evaluated in conjunction with a specific project. Sources: Tustin General Plan Mitigation/Monitoring Required: None Required 16. UTILTIES AND SERVICE SYSTEMS Items a throuqh ,q - "No Impact": The proposed code amendment would establish provisions for the establishment of offices on the ground floor of buildings or in Code Amendment 02-002 - Initial Study Attachment A Page 8 of 8 more than filty (50) percent of the total floor area of buildings located within the Central Commercial (C-2) zoning distdct and the Cultural Resources Overlay District. No physical improvement is proposed in conjunction with the code amendment. The adoption of the code amendment will have no impacts to water treatment, water supply, wastewater treatment, and solid waste disposal. Impacts related to any future project would be identified and evaluated in conjunction with a specific project, Sources: Tustin General Plan Mitiqation/Monitorin.q Required: None Required 17. MANDATORY FINDINGS OF SIGNIFICANCE Items a throu.qh c - "No Impact": Code Amendment 02-002 is needed to protect the public safety, health, and welfare and ensure that office uses will not proliferate in areas where commercial retail uses would be more compatible or desirable. There would be no physical improvement or changes in the environment as a result of the adoption of this code amendment. Impacts of potential future projects would be evaluated in conjunction with each future project. As such, the code amendment does not have the potential to degrade the quality of the environment, achieve short-term environmental goals to the disadvantage of long-term goals, nor produce significant negative indirect or direct effects on humans. \~COT_PRIMARY~CDD-RDA~Cdd',JUSTINA~c~Jrrent planning~Environmental~C.2 Office Use ND attachment A.doc Attachment 2 Resolution No. 3829 6 7 9 10 15 16 I7 19 20 22 24 25 26 27 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), 9233c(y), 9233c(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, commemial 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 3 $ 6 7 8 9 10 17 20 ~2 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 Distdct and the Cultural Resources Oveday District. EJ 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 Distdct and the Cultural Resources Oveday District. That a public hearing was duly noticed, called, and held on Code Amendment 02-002 on April 22, 2002, by the Planning Commission. G. 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) Distdct 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 (fi) of Subsection (c) of Section 9233 of the Tustin Municipal Cede is deleted. 6 7 9 12 13 14 17 19 2O 22 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: 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 properly 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 an), 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 Oveday 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 1 2 3 4 5 6 7 8 9 12 I3 I4 15 17 18 19 2O 21 22 23 25 26 27 29 Resolution No. 3829 Page 4 Ethnic restaurants (Spanish, Mexican, French, German, etc.) Hobby shops Photographers 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 22"° day of Apdl, 2002. DOUGLASS A. DAVERT Chairperson ELIZABETH A. BINSACK Planning Commission Secretary STATE OF CALIFORNIA ) COUNTY OF ORANGE ) CITY OF TUSTIN ) SS 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