HomeMy WebLinkAboutPH 5 ZONING ORD 83-3 10-05-83PUBLIC HEARING
NO. 5
10-5-83
DATE: October 5, 1983\A
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Inter � C om
TO: Honorable Mayor & City Council Members
FROM: Community Development Department
SUBJECT: Zoning Ordinance Amendment No. 83-3
Non -Retail Uses in the Commercial and Industrial Zones
PROPOSAL: Amend various sections of the C-1, C-2, C -G, M and
PC -Commercial Zone Districts to require use permits for
construction of buildings with greater than fifty percent of
the overall floor area or any portion of the ground floor area
to be used for non -retail purposes
BACKGROUND
The City Council adopted an interim urgency ordinance on November 15, 1982
requiring a use permit for any office use locating in the Commercial,
Industrial or PC -Commercial zones. This action was prompted by an
accelerating consumption of prime retail commercial property for
development of professional office buildings. Market demands at the time
resulted in several speculative office structures being constructed in the
C-1 and C-2 zones which have traditionally been planned for retail
commercial. Since offices are permitted land uses in the Commercial
Districts, the City was powerless to review such projects without the
discretionary authority of a use permit.
The originally approved moratorium was extended an additional eight months
following a period of lapse. The current extension will expire on December
4, 1983.
A City Council and Planning Commission joint study session was conducted on
May 16, 1983. The body agreed that amendments to the Zoning Ordinance were
in order to protect the remaining viable commercial retail property.
ANALYSIS
Pending comprehensive amendments to the City's Zoning Code, staff prepared
a resolution similar to the attached ordinance recommending specific
changes to the C-1, C-2, C -G, M and PC -Commercial Zone District
regulations.
The Commercial and Industrial zone districts are proposed to be amended by
requiring a use permit for the following type new building construction:
Zoning Ordinance Amendment No. 83-3
October 5, 1983
Page 2
"...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."
Essentially, this statement will only require Planning Commission review
and not necessarily denial of a proposed building. The Commission will
then be afforded an opportunity to review the merits of a project and its
compatiblity with community goals.
While concerns still remain regarding the adequacy of office use parking
standards, height and architectural guidelines, these issues will hopefully
be addressed in the comprehensive zoning code amendments.
The Planning Commission reviewed staff's proposed resolution and approved
Zoning Ordinance Amendment No. 83-3 with minor modifications. The modified
version is attached to this transmittal as Ordinance No. 896. Since the
Council's intent in adopting an interim urgency ordinance was to simply
require design review of new office building construction, staff
recommended amendments, attempting to codify this policy which has been in
effect for the past year.
RECOMMENDATION
That Ordinance No. 896 have first reading by title only.
That Ordinance No. 896 be introduced.
Dona D. Lamm
Director of Community Development
ODL:jh
Attachment: Ordinance No. 896
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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:
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.
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
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 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_
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.
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
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 floor area unless otherwise
specifically exempted pursuant to the approved
conditional use permit.
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Ordinance No. 896
Page 3
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
criteria.
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:
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 9235b1. 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
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.
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 9244e1. "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.
ATTEST:
Mary E. Wynn
City Clerk
Ronald oestery, Mayor
�1 /
ATTORNEY AT LAW
625 SOUTH EUCLID AVENUE
ANAHEIM, CALIFORNIA 92802
TELEPHONE (714) 772-1640
October 3, 1983
Mrs. Mary Wynn
City Clerk
City of Tustin
300 Centennial Way
Tustin, CA 92680
Re: Use Permit 83-12
Larwin Square/Home Federal Savincfs
Dear Mrs. Wynn:
Enclosed please find our check in the amount
of $60.00 as a deposit toward the transcripts of Planning
Commission and City Council meeting relating to the above -
referenced matter.
Please advise me when the transcripts are
available and if there are any additional charges.
Thank you very much for your cooperation
relative to the above.
Yours sincerely,
IK/t 1
Enclosure
IRMN KATZM1-11N
ATTORNEY AT LAW
525 SOUTH EUCLID AVENUE
ANAHEIM. CALIFORNIA 92002
TELEPHONE (714) 772-1640
September 22, 1983
Mrs. Mary Wynn
City Clerk
City of Tustin
300 Centennial Way
Tustin, Ca. 92680
Re: Use Permit 83-12
Larwin Square/Home Federal Savings
Dear Mrs. Wynn:
This office represents Larwin Square Ltd., owners
of the Larwin Square Shopping Center# in connection with the
above -referenced Use Permit.
To confirm our telephone conversation of 9/22,
we request certified copies of the transcripts of the
Tustin Planning Commission meeting of June 27, 1983, and
the Tustin City Council Meetings of August 1, 1983 and
August 15, 1983 dealing with the above -referenced Use Permit.
Would you kindly advise me as soon as possible
of the estimated costs for preparation of the requested
transcripts, so that I can arrange for payment without
delay. Please also advise me of the approximate time which
will be required for transcript preparation.
Thank you very much for your cooperation relative
to this request.
I K/m
cc: Mr. Donald Lamm
Planning Director
City of Tustin
Yours sincerely,
z
IRWIN„
f
REPORTS
NO. 2
G r• 9-19-83
STAFF CONCERNS N0. 2
Report to the
Planning Commission
September 12, 1983
DEPARTMENTAL PROJECT STATUS - LEEK OF AUGUST 29, 1983
This report is intended to inform the Council and Commission of Community
Development Department projects and their processing or construction status.
Should any member of the Council or Commission desire further information,
please contact me at your convenience.
1. Staff is working with a major department store that wishes to locate in the
City of Tustin. At such time a site is selected, the project will be
presented for Planning Commission approval.
2. Building permits were issued for construction of eight (8) condominium units
at 1162 Sycamore Avenue.
3. The Peters Canyon Specific Plan study has been renamed the East Tustin
Specific Plan at the request of the Irvine Company. Virtually all consultant
contracts have been executed and the study is officially progressing.
4. Building permits were issued for modifications to Marie Callendini's
Restaurant on First Street.
5. Richard Pierce filed an application for an amendment to the General Plan and
a Zone Change for property on Holt Avenue, southerly of Warren Ave. This
property, known as Annexation 133, was recently approved by LAFCO for
annexation to the City of Tustin.
6. Preliminary plans have been submitted for an industrial building at Dow
Avenue and Valencia Avenue.
7. Comprehensive revisions of the Tustin Area General Plan are presently being
analyzed for presentation to the Commission in January, 1984.
8. Preliminary plans have been submitted for a neighborhood shopping center at
the intersection of McFadden Avenue and Newport Avenue.
9. Staff recently presented to the Chamber of Commerce Subcommittee, proposed
revisions of the City's business license fee schedule. Staff and the Chamber
will be meeting again in the near future to finalize the fee schedule for
presentation to the City Council.
10. Construction documents for the approved office building addition to 653 S.
"B" Street have proceeded through first plan check.
Community Development Department
S b
Departmental Status Report
Week of August 29, 1983
Page 2
11. Building permits will soon be issued for the Rancho San Juan condominium
conversion project at 13722 Newport Avenue. This project was approved for
conversion of 96 units, built under County jurisdiction.
12. A recent inspection by City and County officials resulted in correction
notices being issued to owners of the Californian and Windsor Gardens
condominium conversion projects.
D. kLa
Director of Community Development