HomeMy WebLinkAboutORD FOR INTRODUCTION 11-07-83DATE:
FROH:
SUBJECT:
November 7, 1983
Inter-Corn
ORDINANCE FOR INTRODUCTION
Honorable Mayor & City Council Members
Community Development Department
Continued Consideration of Zoning Ordinance Amendment No. 83-3
Discussion
The City Council, at its meeting on October 17, 1983, considered
recon~endations from the Planning Commission concerning the approval of
Zoning Ordinance Amendment No. 83-3. The Commission reco~nended that a use
permit be required for construction of any new building to be occupied by
non-retail uses in the commercial and industrial zones. The Council
disagreed with the Commission's recommendations and directed staff to
prepare a new ordinance stipulating that only office, liquor stores,
hotels/motels and bowling alleys be added to the conditionally permitted
uses in the C-1, C-2, C-G, M and PC Commercial zone districts.
Attached is the final version of Ordinance No. 896, implementing Council's
directive.
Recommendation
That Ordinance No. 896 have first reading by title only.
That Ordinance No. 896 be introduced.
Director of Community Development
OOL:jh
Attachment: Ordinance No. 896 (forwarded under separate cover)
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ORDINANCE NO. 896
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TUSTIN,
CALIFORNIA, AMENDING VARIOUS SECTIONS OF THE TUSTIN
CITY CODE BY REQUIRING A CONDITIONAL USE PERMIT FOR
LIQUOR STORES, HOTELS AND MOTELS, BOWLING ALLEYS AND
CONSTRUCTION OF PROFESSIONAL OR GENERAL OFFICE
BUILDINGS
The City Council of the City of Tu~tin doe~ hereby ordain ag
follows:
Section 9232 "RETAIL COMMERCIAL DISTRICT (C-l)" 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.
II. Section 9232a "Permitted Uses" of the Tustin City
Code, is hereby amended to delete the following uses:
1. (s) Liquor Stores (including "on sales")
1. (e) Bowling Alley
2. (j) Hotels and Motels
III.
Section 9232b "Conditionally Permitted Uses" of the
Tustin City Code, is hereby amended to include the
following:
(p)
iq)
ir)
is)
Liquor' Stores (including "on sales")
Bowling Alleys
Hotels and Motels
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
Professional or General Offices.
IV. Section 9232 "RETAIL COMMERCIAL DISTRICT (C-1)" of
the Tustin City Code, is hereby amended to include
the following:
d Use Criteria - Office Development
Office developments within the Retail
Commercial District (C-1) shall be constructed
to conform with the parking standards for'
retail commercial uses on the first floor' area
of the building unless otherwise specifically
exempted pursuant to the approved conditional
use permit.
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Ordinance No. ~.6 2
Page 2
Ve
VI.
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
Professional or' General offices:
a. Development or' construction of professional
or' general office buildings would be more
compatible with surrounding uses in the area
than permitted retail commercial uses on the
subject property.
e
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 floor' area is exempt
from Office Development Use Criteria.
Section 9233a "Permitted Uses" of the Tustin City
Code, introductor~ 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
Con~nercial District.
Section 9233a "Permitted Uses" of the Tustin
City Code, is hereby amended to replace in their.
entirety sub-sections (1) and (2) Permitted Uses,
with the following:
1. All uses allowed in the C-1 District, subject to
the development and use criteria specified in
Section 9232.
VII. Section 9233c "Conditionally Permitted Uses" of the
, Tustin City Code is hereby amended to include the
following:
(v) Liquor.Stores (including "on sales")
(w) Bowling Alleys
(x) Hotels and Motels
(y) Development or' construction of new building
structures were more than fifty percent (50%) of
the total floor area, or any portion of the
ground floor' area is designated for. occupancy by
Professional or' General offices.
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Ordinance No. 896
Page 3
VIII. Section 9233 "CENTRAL COMMERCIAL DISTRICT (C-2)" of
the Tustin City Code is hereby amended to include the
following:
e Use Criteria - Office Development
Office developments within the Central
Commercial District (C-2) shall be constructed
to conform with the parking standards for
retail commercial uses on the first floor area
of the building unless otherwise specifically
exempted pursuant to the approved conditional
use permit.
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
Professional or General offices:
Development or construction of professional
or general office buildings 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 floor area is exempt
from Office Development use criteria.
IX.
Section 9235b "Permitted Uses" introductory statement
of the Tustin City Code, is hereby amended to read as
follows:
b 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 Commercial
General District.
Section 9235b, "Permitted Uses" of the Tustin City
Code, sub-section 1, is hereby amended to read as
follows:
1. Any use authorized in the Central Commercial
District (C-2) unless otherwise listed as a
conditionally permitted use in this Commercial
· General (CG) District.
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Ordinance No. 8~o
Page 4
XI. Section 9235b "Permitted Uses" of the Tustin City
Code, is hereby amended to delete the following uses:
2. Liquor Stores (including "on sales")
XII.
Section 9235c "Conditionally Permitted Uses" of the
Tustin City Code, is hereby amended to include the
following:
(dd)
(ee)
Liquor Stores (include "on sales")
Development or construction of new building
structures where more than fifty percent (50%)
of the total floor area is designated for
occupancy by Professional or General offices.
XIII. Section 9235 "COMMERCIAL GENERAL DISTRICT (CG)" of
the Tustin City Code is hereby amended to include the
following:
g Use Criteria - Office Development
Office developments within the Commercial
General District (CG) shall conform to retail
con~nercial use parking standards for the first
floor area-unless otherwise specifically
exempted pursuant to the approved conditional
use permit.
Findings, including but not limited to the
following, shall be made by the Planning
Commission prior to approvng 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 office
uses.
Development or construction of professional
or general office buildings would be more
compatible with the 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
are exempt from Office Development Use
Criteria.
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Ordinance
Page 5
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XIV.
XV.
Section 9242 "a Permitted Uses" and "b Conditionally
Permitted Uses" of the Tustin City Code are hereby
amended in their entirety]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 Industrial
District (M).
(a) All uses permitted in the PM District.
(b) Light industrial, research and development, and
manufacturing uses which do not maintain greater
than fifty percent (50%) of their gross moor
area for office purposes.
(c) Public utility uses, excepting the storage of
flammable fuel products.
b Conditionally Permitted Uses
The following uses are subject to a use permit:
(a) residential uses for caretakers in conjunction
with permitted uses.
(b) building material yards.
(c) manufacturing uses which, in the opinion of the
Planning Commission, may be objectionable by
reason of producing offensive odor, dust, noise,
bright lights, vibration, or involving the
storage or handling of explosive or dnagerous
materials, subject to compliance with
performance standards of the Air Pollution
Control Board.
(d) retail commercial uses.
(e) restaurants.
(f) uses which maintain greater than fifty percent
(50%) of their gross floor area for office
purposes.
Section g242e "Procedures" of the Tustin City Code,
sub-section (1)" is hereby amended to read as
follows:
1. Any application for a zone change to permit the
establishment of a P-C District shall be made
pursuant to Section 9295 of this chapter and be
accompanied by a Development Plan for the entire
parcel which is the subject of the application.
Said development plan shall be
Ordinance No.
Page 6
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subject to the processing of a conditional use
permit if included within the plan are areas
designated for' professional or general offices.
Prior to approving a conditional use permit for
construction of a building designated for office
usage, the Planning Commission shall make
findings, including but not limited to the
following:
(a)
Development or construction of professional
or general office buildings 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 the City Council,
City of Tustin held on the __ day of , 1983.
Ronald B. Hoestery, Mayor
ATTEST:
Mary Wynn, City Clerk
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