HomeMy WebLinkAboutPublic Hearing #3 6-01-87 Ext.DATE: MAY 21, 19~7
PUBLIC HEARING
NO. 3
6-1-87
Inter- Corn
TO:
FROM:
SUBJECT:
WILLIAM A. HUSTON, CITY MANAGER
COI~UNITY DEVELOPNENT DEPARTMENT
EXTENSION OF NORATORIU~ ORDINANCE -
NDIPORT AVENUE.
RECOI~ENDED ACTION:
M.O. That Urgency Ordinance No. 986 have first reading
by title only.
M.0. That Urgency Ordinance'No. 986 be introduced.
M.0. That Urgency Ordinance No. 986 have second reading
by title only.
M.0. That Urgency Ordinance No. 986 be passed and adopted.
BAC?GROUND:
The Tustin City Council adopted an interim ordinance (No. 983) on April 20,
1987. This ordinance placed a moratorium on the processing, issuance of permits
or approvals of any kind for development projects of properties located on the
east side of Newport Avenue between Main Street and San Juan and on the west
side of Newport Avenue between the I-5 freeway and Mitchell Avenue. Attached is
a copy of the April 20, 1987 Staff report which discusses the background and
zoning issues related to the initiation of the moratorium.
The subject moratorium was established for the purpose of permitting completion
of Zone changes and a General Plan amendment which will re-zone the.study areas
to PC-Planned COmmunity Commercial. This is expected to encourage comprehensive
development of the properties in the study areas and avoid incremental
development of properties which have a detrimental effect on the area.
The moratorium previously adopted is effective for 45 days from the date of
adoption and may be extended by the City Council for ten (10) months and fifteen
(15) days. A subsequent extension of one year may also be granted with the
approval of the City Council.
Section 65858 requires that a report be prepared and made available to the
public ten (10) days prior to the public hearing for the consideration of
extending any moratorium adopted by an interim ordinance. This report contains
the zo,ning related issues and a proposed course of action for initiation of a
zone change and General Plan amendment for the study area.
Extension of Moratorium Ordinance -
Newport Avenue
page two
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WORK PROGRAFI:
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As discussed in the attached staff report of April 20, 1987, each of the study
areas have considerable development potential However, some lots have minimum
visibility and access to Newport Avenue. Should any of the lots which directly
face Newport Avenue be developed individually, the possibility of development of
the rear lots in each area is highly unlikely.
The proposed zone change to PC-Plan6ed Community Commercial would reouire some
form of lot consolidation and a development plan. This development plan would
address visibility and access issues in addition to site, architectural, and
landscaping requirements and would be approved by the issuance of a Use Permit.
At this time, Staff has completed the following steps towards the preparation of
zoning ordinance amendments.
1. Base maps prepared.
2. Survey of land use and zoning.
3. ~°reparation of maps showing zoning/land use and condition of property.
4. Initial analysis of proposed zone change and General Plan amendments.
The base maps and analysis results Will help staff to prepare the final zoning
documents for presentation to the City Council and Planning Commission.
The following is a proposed processing schedule for the current work program:
DATE ACTIVITY
June 1, 1987
Public Hearing held by City Council to consider
extension of the moratorium on the Newport Avenue
study areas.
June 1, - June 22, 1987
June 22, 1987
July 13, 1987
Staff to complete analysis of study area.
Preparation of zone changes and General Plan
amendment.
~Preltminary workshop with Planning Commission and
residents to reviewStaff ~
report and recommended
approach.
Public Hearing held by Planning Commission for
adoption of zone changes and General Plan
amendment.
July 20, 1987
Public Hearing held by City Council/Redevelopment
Agency_ for considerati, on of zone changes and
General Plan amendment (First Reading).
Community Development DePartmen]
Moratorium Ordinance No. 983:
Zoning Study
Page three
DATE
August 3, 1987
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ACTIVITY
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Second reading of zone changes and General Plan
amendment.
September 2, 1987
Zone changes and General Plan amendment in
effect/moratorium terminated.
This tenative schedule allows for approximately 3 months of processing time.
Minor alterations of this schedule may occur if the scope of the project
changes. Although the moratorium is not expected to be in effect for ten (10)
months and fifteen (15) days, the tenative schedule may change if unforeseen
difficulties arise, the scope of the project is changed or the current work load
in the Community Development Department changes significantly. However, the
zoning changes and General Plan amendment can be expected to be in effect in
less than the allowed ten (10) months and fifteen (15) days. Upon adoption of
the zone changes and General Plan amendment, the moratorium would automatically
expire.
Associate ; Dtrector Communtty Development Department
Attachments: STAFF REPORT
ORDINANCE NO. 986
EXHIBIT A
EXHIBIT B
Commun!ty Development Department
TO:
WILLIAM A. HUSTON, CITY MANAGER
FROM:
COMMUNITY DEVELOPMENT DEPARTMENT
SUBJECT:
PROPOSED MORATORItD4S ON THE EASTERLY SIDE OF NEWPORT AVENUE
BETWEEN SAN JUAN AND MAIN STREET AND ON THE WESTERLY SIDE OF
NEWPORT AVENUE BETWEEN I-5 FREEWAY AND MITCHELL AVENUE
RECOI~ENDATION:
M.O. That Urgency Ordinance No. 983 have first reading by title only.
M.O. That Urgency Ordinance No. 983 be introduced.
M.O. That Urgency Ordinance No. 983 have second reading by title only.
M.O. That Urgency Ordinance No. g83 be passed and adopted.
BACKGROUND AND ANALYSIS:
The Community Development Department has recently been approached by several
parties about development of property at the southeast corner of Newport Avenue
and Main Street and property along the west side of Newport Avenue between
Mitchell Avenue and the 1-5 freeway. These are properties that staff feel have
development potential. However, it is our position that limited access and
traffic issues along Newport Avenue necessitate that the properties in each
study area be developed as comprehensive, cohesive projects. These study areas
and the issues involved are discussed separately below.
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-Commercial 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 clarification.
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 zoning.
Ctty Counctl Report
April 20, 1987
San Juan and Main Street Moritorium
Page two
e
Recognizing the important l:cation of the subject properties across from
Tustin Plaza and as. entry to the Civic Center and Old Town, the City shou'ld
take whatever steps necessary to ensure consolidated development of the
subject properties. In order to encourage coh6sive development of the
area, initiation of a zone change on all eight sites is recommended. This
zone change could rezone all eight sites to PC-Commercial which requires a
development plan and Use Permit prior to construction.
Similar uses already authorized in the CG zone would be allowed in the PC
zone. However, flexib'ility in 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) which face Newport Avenue have optimum visibility 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 unil;s. These units were
annexed into Tustin from the County of Orange and do not meet current
parking, open space, architectural.and density requirements of the R-3
zoning di stri 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.
Ct ty Council Report
Apr11 20, [987
San Juan and Math Street Moritorium
Page three
CONCLUSIONS-
Department staff are centinually contacted by interested parties who wish to
develop all or a part of the study areas. In order 1;o encourage comprehensive
development of the study areas, staff w~uld 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.
Director of Communit~y Development
CAS'LCP 'pef
...
Attachments:
Map 1
Map 2
Urgency Ordinance No. 983
MAP 1
CG-PUD
CG CG-PUD
CG
Andrews :St.
San Juan
East side of Newport Avenue
between San Juan and Main St.
CG
Commercial General
(no Use Permit Required)
CG-PUD
Commerc iA:t General- Planned
Unit Development (Use
Permit Required)
MAP 2
R-3
R-3
C-1
C-1
C-1
C-1
C-I
C-1
Mitchel 1 Ave
West side of Newport Avenue
between Mitchell and 1-5 FWY.
C-1 Retail Co.~nercial Zone
R-3 Multiple Family Residen-
tial Zone
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 Council finds and determines as follows:
Xe
The Community Development Department 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 quality development compatible with a major arterial
roadway.
Ct
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.
o
I I. The City Counci 1 hereby decl ares a moratorium on th e
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
terminated.
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Ordinance 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
Government 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.
Ri:chard B. Edgar, Mayor
Mary E. Wynn, City Clerk
Attachments: Exhibit A
Exhibit B
EXHIBIT "A"
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ORDINANCE NO. 986
AN URGENCY ORDINANCE OF THE CITY COUNCIL OF TUSTIN,
CALIFORNIA, EXTENDING THE 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 I-5 FREEWAY AND MITCHELL AVENUE AS
PREVIOUSLY ADOPTED BY ORDINANCE NO. 983.
The City Council of the City of Tustin, California, does ordain as follows:
I ·
The City Council finds and determines as follows:
A. The Community Development Department 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 and on the westerly side of Newport Avenue
between the 1-5 freeway and Mitchell Avenue as shown on Exhibits
A and B attached hereto.
B. Certain lots within the area have limited accessibility which
precludes quality 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
health, 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.
II. The City Council hereby extends the declared 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 ~actton thereon by the City Council. The
moratorium declared hereby shall extend for a period of up to ten
{10) months and fifteen (15) days from the date of adoption of this
Ordinance, unless duly extended or terminated.
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Ordinance No. 986
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
Government 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 and to the
public's general health, safety and welfare.
PASSED AND ADOPTED at a regular meeting of the City Council of the City of
Tustin held on the day of , 1987.
Richard B. Edgar, Mayor
Mary E. Wynn, City Clerk
Attachments: Exhibit A
Exhibit B
EXHIBIT "A"
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