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RESOLUTION NO. 2117
A RESOLUTION OF THE PLANNING COMMISSION OF THE
CITY OF TUSTIN, RECOMMENDING TO THE CITY COUNCIL
VARIOUS AMENDMENTS TO ARTICLE 9: LAND USE OF THE
TUSTIN CITY CODE, ESTABLISHING THE REQUIREMENT
FOR A CONDITIONAL USE PERMIT AND USE CRITERIA FOR
DEVELOPMENT PROJECTS DESIGNED FOR NON-RETAIL USE
IN C-1, C-2, C-G, M AND PC-COMMERCIAL DISTRICT,
KNOWN AS ZONING ORDINANCE AMENDMENT NO. 83-3
The Planning Commission of the City of Tustin does hereby resolve as
fol lows:
I. The Planning Commission finds and determines as follows:
A. That an interim urgency ordinance was adopted on
November 15~ 1982 by the City Council to allow the
Community Development Department and Planning
Commission the opportunity to analyze and recomnend
to the Council, review of new non-retail building
construction in the Commercial, Industrial and
P1 anned Community-Commercial districts.
B. That pursuant to Section 9295(f) of the Tustin City
Code, when considering an amendment to the Zoning
Ordinance (Article 9: Land Use of the Tustin City
Code), the Planning Commission shall conduct a public
hearing, report findings thereof, and make a
recommendation to the City Council.
C. That a Public Hearing was duly called, noticed and
held considering various amendments to the C-1, C-2,
C-G, M and PC-Commercial districts establishing the
requirement for a conditional use permit and use
criteria for development projects designed for
non-retail use.
II. The Planning Commission hereby recommends to the City
Council the following amendments to the Tustin City
Code:
I. Section 9232 "RETAIL COMMERCIAL DISTRICT (C-1)" of
the Tustin City Code, sub-paragraph "a. Permitted
Uses" introductory statement is hereby amended to
read as follows:
a. Permitted Uses
The following uses, or unlisted uses which, in the
opinion of the 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.
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Resolution No.r'x. 17 '~-'
Page 2
II. Section 9232b "Conditionally-Permitted Uses" of the
Tustin City Code, is hereby amended to include the
fol 1 owing'
(p) Development or construction of new building
structures where more than fifty percent (50%) of the
total floor area, or any portion of the ground floor
area is designated for occupancy by non-retail uses.
III. Section 9232 "RETAIL COMMERCIAL DISTRICT (C-1)" of
the Tustin City Code, is hereby amended to include
the following:
d. Use Criteria - Non-Retail Development
1. Non-retail developments within the Retail
Commercial District (C-1) shall conform to
retail commercial use parking standards for
the first floor area unless otherwise
specifically exempted pursuant to the approved
conditional use permit.
2. Findings, including but not limited to the
following, shall be made by the Planning
Commission prior to approving a conditional
use permit for construction of a building
where greater than fifty percent (50%) of the
total floor area, or any portion of the ground
floor area is designated for occupa, ncy by
non-retail uses:
(a) Development or construction of buildings
restricted to non-retail uses would be
more compatible with surrounding uses in
the area than permitted retail commercial
uses on the subject property.
3. Development or construction of buildings
restricted to a mixture of uses in which the
retail commercial floor area exceeds fifty
percent (50%) of the total building floor area
is exempt from non-retail development use
criteria.
IV. Section 9233 "CENTRAL COMMERCIAL DISTRICT (C-2)" of
the Tustin City Code, sub-paragraph "a. Permitted
Uses" introductory statement is hereby amended to
read as follows:
a. Permitted Uses
The following uses, or unlisted uses which, in
the opinion of the Planning Commission, are
resolved to be similar, will only be allowed in
the Central Commercial District.
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Ordinance No. b~6
Page 3
V. Section 9233a2 of the Tustin City Code is hereby
deleted in its entirety.
VI. Section 9233c "Conditionally Permitted Uses" of the
Tustin City Code is hereby amended to include the
following:
(u) Development or construction of new building
structures where more than fifty percent (50%) of the
total floor area, or any portion of the ground floor
area is designated for occupancy by non-retail uses.
VII. Section 9233 "CENTRAL COMMERCIAL DISTRICT (C-2) of
the Tustin City Code is hereby amended to include the
fol 1 owl ng:
e. Use Criteria - Non-retail Development
1. Non-retail developments within the Central
Commercial District (C-2) shall conform to
retail commercial use parking standards for
the first floor area unless otherwise
specifically exempted pursuant to the approved
conditional use permit.
2. Findings, including but not limited to the
following, shall be made by the Planning
Commission prior to approving a conditional
use permit for construction of a building
where greater than fifty percent (50%) of the
total floor area, or any portion of the ground
floor area is designated for occupancy by
non-retail uses.
(a) Development or construction of buildings
restricted to non-retail uses would be
more compatible with surrounding uses in
the area than permitted retail commercial
uses on the subject property.
3. Development or construction of buildings
restricted to a mixture of uses in which the
retail commercial floor area exceeds fifty
percent (50%) of the total building floor area
area exempt from non-retail development use
cri teri a.
VIII. Section 9235 "COMMERCIAL GENERAL DISTRICT (CG)" of
the Tustin City Code, sub-paragraph "b. Permitted
Uses" introductory statement is hereby amended to
read as follows:
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Resolution No.
Page 4
b. Permitted Uses
The following uses, or unlisted uses which, in the.
opnion of the Planning Commission, are resolved to be
similar will only be allowed in the Commercial
General District.
IX. Section 923561. of the Tustln City Code is hereby
amended to read as follows-
1. Any use authorized in the Central Commerical
District (C-2) unless otherwise listed as a
conditionally permitted use in this zone
district.
X. Section 9235c "Conditionally Permitted Uses" of the
Tustin City Code is hereby amended to include the
following'
(cc) Development or construction of new building
structures where more than fifty percent (50%) of the
total floor area, or any portion of the ground floor
area is designated for occupancy by non-retail uses.
XI. Section 9235 "COMMERCIAL GENERAL DISTRICT (CG)" of
the Tustin City Code is hereby amended to include the
fol lowing'
g. Use Criteria - Non-retail Development
1. Non-retail developments within the Commercial
General District (CG) shall conform to retail
commercial use parking standards for the first
floor area unless otherwise specifically
exempted pursuant to the approved conditional
use permit.
2. Findings, including but not limited to the
following, shall be made by the Planning
Commission prior to approving a conditional
use permit for construction of a building
where greater than fifty percent (50%) of the
total floor .area, or any portion of the ground
floor area is designated for occupancy by
non-retail uses.
(a) Development or construction of buildings
restricted to non-retail uses would be
more compatible with surrounding uses in
the area than permitted retail commercial
uses on the subject property.
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Resolution No./~'N17.
Page 5
3. Development or construction of buildings
restricted to a mixture of uses in which the
retail commercial floor area exceeds fifty
percent (50%) of the total building floor area
area exempt from non-retail development use
criteria. .
XII. Section 9242b "Conditionally Permitted Uses" of the
Tustin Code is hereby amended to include the
following-
(f) Development or construction of new building
structures where more than fifty percent (50%) of
the total floor area is designated for occupancy
by non-retail uses.
xIII. Section 9244el. "PLANNED COMMUNITY DSITRICT (PC)
PROCEDURES" of the Tustin City Code is hereby amended
to include the fol 1 owi rig-
"Said Development Plan shall be subject to the
processing of a conditional use permit if included
within the plan are areas designated for non-retail
uses. Prior to approving a conditional use permit
for construction of a building designated for
non-retail uses, the Planning Commission shall make
findings, includi.ng, but not limited to the
following:
(a) Development or construction of buildings
restricted to non-retail uses would be more
compatible with surrounding uses in the area
than retail commercial uses on the subject
property.
PASSED AND ADOPTED at a regular meeting of tJ~ P.l~g Commission,
City of Tustin held on the 10th day of October, 1983..
James B. Sharp, Chaifj(an
Recording Secretary
STATE OF CALIFORNIA )
COUNTY OF ORANGE )
CITY OF TUSTIN )
I, JANET HESTER, the undersigned, hereby certify that I am the
Recording Secretary of the Planning Commission of the City of
Tustin, California; that Resolution No. ~9_/! ~ was duly
passed and adopted at a regular meeting o~ the' Tustin Planning
Commission, held on the / ~)'U~day of _/~_' 19__~.
Janet Hest~r-
Tustin Planning Commission