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Home My WebLink AboutOrd. for Adoption #2 4-20-87TO: FROM: SUBJECT: ff]:LLZAPI A. HUSTON, CZTY MANAGER CUMMUNITY DEVELOPMENT DEPARTNENT · PROPOSED MORATORIUMS ON THE EASTERLY SIDE OF NEWPORT AVENUE BETWEEN SAN ,JUAN AND MAIN STREET AND ON THE WESTERLY SIDE OF NEiIPORT AVENUE BETWEEN I-5 FREEWAY AND MITCHELL AVENUE RECOIIIENDATZON: M.O. That Urgency Ordinance No. 983 have first readtng by tttle only. M.O. That Urgency Ordinance No. 983 be Introduced. M.O. That Urgency Ordinance No. 983 have second readtng by tttle only. M.O. That Urgency Ordinance No. 983 be passed and adopted. BACKGROUND ANO ANALYSIS: The Community Development Department has recently been approached by several parttes about development of property at the squtheast corner of Newport Avenue and Matn Street and property along the west stale of Newport Avenue between Mitchell Avenue and the [-5 freeway. These are properties that staff feel have development potential. However, tt ts our posttlon that limited access and trafftc issues along Newport Avenue necessitate that the properties in each study area be developed as comprehensive, cohesive projects. These study areas and the issues tnvolved are discussed separately below. 1. EAST SIDE OF NEWPORT AVENUE BETWEEN MAIN STREET AND SAN JUAN Each of the corner sites has considerable development potential. Each of the sites within this study area are zoned CG-Commercial General or CG-PUD-Commerctal General-Planned Unit Development. The three lots on the north would provide a development site of 1.48 acres if combined. The southerly site comprises eight lots which total 1.11 acres if combined. See Map 1 for clari ficatton. Current zoning would allow incremental development of each of the eight lots within the Study area. Although some sites have optimum visibility and accessibility, the most easterly lots are not visible or accessible from Newport Avenue. Should incremental development occur, all access and street visibility of the easterly lots will be limited to Andrews Street or San Juan, thereby creating a situation that makes it highly unlikely that these sites would be developed as commercial propoerty despite their current zoni rig. .. Clty Counct 1 Report Apr11 20, 1987 San Juan and Main Street Moritorium Page two e Recognizing the IRoorl:ant locatlon of the subject properties across from Tusttn Plaza and as.~entry to the Civic Center and Old Town, the City shou'ld take whatever' steps necessary to ensure consolidated develop=ent of the subject properties. In order to encourage cohesive development of the area, initiation of a zone change on all eight sites ts recommended. This zone change could rezone all eight sites to PC-Commercial which requires a development plan and Use Permit prior to construction. S1mtlar uses already authorlzed tn the CG zone would be allowed tn the PC zone. However, flexibility tn mixed uses, parking and setback requirements and site design would be available. WESTSIDE OF NEWPORT AVENUE BETWEEN THE I-5 FREEWAY AND MITCHELL AVENUE This area is comprised of eleven lots in an area approximately 3.98 acres in size. Six lots within the study area, which have access directly onto Newport Avenue, are zoned C-1 Retail Commercial. The remaining five lots are zoned R-3-Multiple Family Residential. See Map 2 for details. Some lots (Alta Dena Dairy, vacant Texaco site and the Headache Treatment Center) whi ch face Newport Avenue have opti mum vi si bi 1 i ty and accessibility. However, the three lots on the north east corner h.ave very limited access due to their irregular 'configuration. The -remaining properties are accessed from either "C" Street or "B" Street and currently contain non-conforming multiple family housing units. These units were annexed into Tustin from the County of Orange and do not meet current parking, open space, architectural-and density requirements o~ the R-3 zoni ng di strt ct. Incremental development of all or a portion of the properties will have an affect upon the development of the properties as a whole. As in the case of the previously discussed study area, incremental development could occur under the current zoning. However, incremental developent of certain lots, such as the vacant Texaco site would greatly reduce the possibilities for development of the three lots to the north. In order to encourage-comprehensive development of the area, staff is currently studying the feasibility of a zone change on all eleven parcels. This zone change could involve rezoning all eleven sites to Planned Community which requires a development plan and Use Permit prior to constructi on. Community Development Department City Counctl Report April 20, 1987 San Juan and Main Street Morttorium Page three COllCLUSXO#S: Department staff are centinually contacted by interested parties who wish 'to develop all or a part of the study areas. In order ~o encourage comprehensive development of the study areas, staff would recommend that the Council adopt an interim urgency ordinance that would impose a moritorium on the processing, approval or issuance of any building permits or discretionary actions within the study areas until a zone change can be enacted. Christine Shingler _~i~ Director of Community Development CAS: LCP: pef /(ttachments: Map 1 Map 2 Urgency Ordinance No. 983 Comrnunity Developmenf Department MAP 1 CG-PUD CG CG-PUD ,. CG Andrews ~St. San Juan East side of Newport Avenue between San Juan and Main St. CG CG-PUD Commercial General (no Use Permit Required) Commerc i~l General- Planned Unit Development (Use Permit Required) MAP 2 R-3 R-3 C-1 C-1 C-1 C-1 .C-1 C-1 Mitchell Ave STUDY AREA: West side of Newport Avenue between Mitchell and 1-5 FWY. C-1 Retail Commercial Zone R-3 ~ltiple Family Residen- tial Zone 6 7 8 9 10 11 13 14 15 16 · 17 18 19 22' 23 2~ 25 2~ 27 28 ORDINANCE NO. 983 AN URGENCY ORDINANCE OF THE CITY COUNCIL OF TUSTIN, CALIFORNIA, DECLARING A MORATORIUM ON PROCESSING, ISSUANCE OF PERMITS OR APPROVALS OF ANY KIND FOR DEVELOPMENT PROJECTS OF PROPERTIES GENERALLY LOCATED ON THE EAST SIDE OF NEWPORT AVENUE BETWEEN SAN JUAN AND MAIN STREET AND ON THE WEST SIDE OF NEWPORT AVENUE BETWEEN THE 1-5 FREEWAY AND MITCHELL AVENUE The City Council of the City of Tustin, California, does ordain as follows: I. The City Counci 1 finds and determines as follows: A. The Community Development DePartmegt is currently in the process of studying the feasibility of a Zone. Change to require a development plan and Conditional Use Permit for development of properties on the easterly side of Newport Avenue between San Juan and Main Street as shown on Exhibits A and B attached hereto. B. Certain lots within the area have limited accessibility which precludes qualityI development compatible with a major arterial roadway. C. Incremental development of the parcels and absence of a comprehensive development plan is injurious to the public heal th, safety and welfare. D. The Community Development Department Is conducting and will continue to conduct a study of the need for an ordinance to redesignate the zoning designation on the properties as shown on Exhibits A and B attached hereto. I I. The City Councl 1 hereby decl ares a moratorium on the processing, issuance of permits or approvals of any kind for development projects shown on Exhibits A and B pending completion of the study and report of the Planning Commission and Community Development Department and action thereon by the City Council. The moratorium declared hereby shall extend for a period of 45 days from the date of adoption of this ordinance, unless duly extended or termi hated. 1 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 21 23 25 26 27 28 OrdJnance No. 983 Page two III. This ordinance is adopted to protect the public health, safety and welfare and is adopted as an urgency measure by a four-fifth (4/5) vote pursuant to the' provisions of Section 65858 of the California Governnent Code and shall take effect immediately. The urgency is based on the fact that the City Council hereby finds that the construction of projects on the subject property prior to completion of the study would have an adverse effect on other development and uses and upon the proper planning of the City of Tustin. PASSED.AND ADOPTED at a regular meeting of the City Council of the City of Tustin held on the day of , 1987. ii Richard B. Edgar, Mayor Mary E. Wynn, City Attachments: Exhibit A Exhibit B · EXHIBIT "A" ~ ~ I __ STUDY AREA NORTH NOT TO SCALE ll~'ll ee lllllll[lll[lllllllllllllllllllli[[ ieee eeeeeeleleeleelel& eeeeee eeeeeeeeeeee :::::::::::::: ............. · '~~ ........ . ....... eeeieeeeeeeeee lleeeeeeeeeieeeeeeele ........................... ~ Ieee eeeeeeeleeeeeeeleee :::::::::~ ...... :::::: .......:::::::::::::::::::::: NORTH NOT TO SCAI2E · I