HomeMy WebLinkAboutPH 3 ZONING ORD 83-3 10-17-83AGENDA
DATE: October 17, 1983
PUBLIC HEARING
10-17-83
Inter-Corn
TO:
FROM:
SUBJECT:
Honorable Mayor & City Council Members
Community Development Department
Continued Consideration of Amendment
to the Zoning Ordinance No. 83-~
The City Council at its meeting on October 5, 1983, continued consideration
of the subject Amendment to the Zoning Ordinance to permit staff an
opportunity to create a list of those proposed permitted and conditionally
permitted uses in the commercial zones. Specifically, Council members
expressed objections to requiring use permits for all non-retail uses, but
would rather limit permits to offices and those non-office uses which might
be controversial or create an impact on adjacent communities.
Attached to this transmittal, staff has duplicated the presently permitted
land uses in the C-1 zone which are similarly carried through in other
commercial zones. In addition to all general and professional office uses
being removed from the permitted land use category, those service and
retail businesses designated by an asterisk, are also recommended by staff
to be subject to a use permit.
Following discussion of this subject and public comment, this hearing
should be continued one more time thereby allowing staff to redraft the
final ordinance for introduction and first reading.
RECOI~IENDATION
That the City Council review staff's recommendations and continue the
public hearing to the Council's next regular meeting on November 7, 1983.
Director of Community Development
DDL:jh
Attachment: Retail Commercial District (C-1) Zoning Code
TUSTIN CITY CODE
.ZONING
9232
9232 RETAIL COMMERCIAL DISTRICT (C-i)
a Permitted Uses
None but t.he following uses, or uses which in t_he opinion of the Planning Com-
mission are similar, will be allowed in the P~tail Co~nercial District (C-I),
subject-to a Use Permit for all developments of five (5) acres or more in to~al
parcel size. (Ord. No. 157, Sec. 4.7 and Ord. No. 264, Sec. i)
1. Retail businesses, exemplified by the following list, when condcuted
within a building:
(a)
(c)
(e)
(f)
(g)
(h)
(j)
(1)
(o)
~(s)
(t)
(u)
(w)
(x)
(¥)
(z)
(aa)
(bb)
Antiques and curios
Art gocds
Appliance stores
Bakeries
Bicycle sales (including repairs)
Books and stationary
Ceramics (not including molding, casting or manufacturing by any
process)
Clothing
Confec=ionezy
Depar=ment store
Drug Store (including sundries and notions)
Dry~x~s
Floris= Shops
Food -~rket (Ord. No. 293, Sec. 1)
8ardware (but not including equipment rentals)
Household goods and furnishings
Jewelry stores (including repair and watchmaking)
Leather goods
Liquor stores (including "on sales")
Musical supplies and instruments
News s~ands
Office supplies and equipment
Paint and wallpaper
Real es=ate offices (Ord. No. 293, Sec. 1)
Religious supplies
Shoe stores
Sporting goo~s (but not including b~at and motor sales)
Variety store
2. Service businesses, exemplifie~ by the following list, including any
retail sales incidental thereto, when conducted within a building:
(a)
(b)
(c)
(d)
j~(e)
(f)
Banks & Finance comp,anies (including those providing drive-in ser-
vice) '
Barber shops
Beauty parlor
Blue printing
Bowling alley
Business schools
TUSTIN CITY CODE ZONING 9232a2 (g)
(h)
(i)
Coin-opera=ed dry-cleaning establishments (provided no pressing is
done on t. he pr~mises)
Coin-opera=ed self-servios la .undromats
Dry-cleaning and launclry agencies (pick-up and delivery only)
HoWls and mo=els
(1) Job prin~ing
(m}
(n) Pho=ograph gallery
(p) Se~--=rmss or ~ine~ shop
Sh~ or luggage re~
(r) T~lor shop
(s) Telephone ~er~g
(u) ~g ~d a~essing, semite
~3. P~fessio~ offices for
(b)
(c) ~prac~r
( · )
O~hers licensed by ~he State of California to prac=ics =he healing
~, ~cl~g cl~cs for ou=-pa=ien=s o~y.
(i) ~g~eer
(j) ~nd Plier
(k) S~eyo=
~r~ Offices for:
~er~s~g
(=) Con,ac=ors ~d B~l~g cons~
Draf~g
(f) Esc~
(h) ~lic U~lity office (bu= not including co~ra=m ya=ds)
b ~n~o~ly Pe~t~d Uses
~e foll~ing a~=io~l ~es ~ ~==ed ~ ~e C-1 Dis~ic= s~Ject to a
.(a) ~= ~ks~res (Ord. ~. 699, Sec. 1)
(b) Auto Supplies (Ins~lla~on of ~nor replace~n= pa~ ~d
accessories wi~n ~ enclosed b~l~ng) .
(1) Off-s~eet p~k~g: ~=ail sales ~ma - 1 space for each 200
s~e fee= of flor ~ea. Se~ice ~d s=orage area - 1
spac~ for each 500 s~rm fee= of floor ~ea. (Ord. No. 407)
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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, ESTABLISHING THE REQUIREMENT FOR A CONDITIONAL USE
PERMIT AND USE CRITERIA FOR DEVELOPMENT PROJECTS DESIGNED
FOR NON-RETAIL USES IN C-1, C-2, C-G, M AND PC-COMMERCIAL
DISTRICT
The City Council of the City of Tustin does hereby ordain as
follows:
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.
II.
Section 9232b "Conditionally Permitted Uses" of the
Tustin City Code, is hereby amended to include the
following:
(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
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.
e
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:
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Ordinance No. 896
Page 2
(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.
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:
Ve
VI.
VII.
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.
Section 9233a2 of the Tustln City Code is hereby
deleted in its entirety.
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.
Section 9233 "CENTRAL COMMERCIAL DISTRICT (C-2) of
the Tustin City Code is hereby amended to include the
following:
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 ~oor area unless otherwise
specifically exempted pursuant to the approved
conditional use permit.
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Ordinance No. 896
Page 3
VIII.
IX.
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
criteria.
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:
b. Permitted Uses
The following uses, or unlisted uses which, in the
opnton of the Planning Commission, are resolved to be
similar will only be allowed in the Commercial
General District.
Section 923561. of the Tustin 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.
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Ordinance No. 896
Page 4
XI. Section 9235 "COMMERCIAL GENERAL DISTRICT (CG)" of
the Tustin City Code is hereby amended to include the
following:
g. Use Criteria - Non-retail Development
Non-retail developments within the Commercial
General District (CG) shall conform to retail
commercial use parking standards for the H rst
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 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.
Development or construction of buildings
restricted to a mixture of uses in which the
retail commercial moor 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 following:
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Ordinance No.896
Page 5
"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, including, 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 the City Council, City of
Tustin held on the day of , 1983.
Ronald B. Hoestery, Mayor
ATTEST:
Mary E. Wynn
City Clerk
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