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Home My WebLink AboutPH 1 COMMER OFFICE USES 4-4-83AGENDA DATE: April 4, 1983 PUBLIC HEARING No. 1 4-4-8~ Inter-Corn FROM: S UB,J ECT: Honorable Mayor & City Council Members Mary Ann Chamberlain, Associate Planner, Community Development Department Extension of Moratorium on Office Uses in Commercial, etc. Districts RECOI~ENDED ACTION 1. Adopt Ordinance 884 as an urgency measure by a four-fifths (4/Sths) vote which extends Interim Urgency Ordinance 882 for an additional period of eight (8) months. 2. Schedule a joint workshop of the Planning Commission and City Council to discuss City policy and possible code amendments regarding office uses. BACKGROUND & DISCUSSION On November 15, 1983, the City Council adopted Ordinance 882 which placed a moratorium on office structures in commercial districts. This action was taken because of Council concerns about commitments of commercial lands to office use with a potential loss of retail sales use. These uses were then subject to use permit approval by the Planning Commission. On March 15, 1983, Ordinance 882 expired because of a four-month time limit. The action before you now is to extend Ordinance 882 by the adoption of Ordinance 884 which will permit an additional eight months for the Planning Commission and City Council to modify or develop alternative amendments to the Zoning Ordinance. On February 28, 1983, the Planning Commission recommended that the moratorium be extended and that a joint session of the Commission and City Council be held to establish specific policy and discuss possible code amendments pertaining to this moratorium. MAC:ih 6 7 8 9 10 11 12 13 14 15 16 17 18 19 2O 21 22 23 24 25 26 27 ORDINANCE NO. 884 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TUSTIN, CALIFORNIA, EXTENDING INTERIM URGENCY ORDINANCE NO. 882 OF THE CITY COUNCIL OF THE CITY OF TUSTIN, CALIFORNIA, ESTABLISHING A MORATORIUM ON DEVELOPMENT PROJECTS DESIGNED FOR OFFICE USE IN THE C-1, C-2, CG, M AND PC-COMMERCIAL DISTRICTS FOR AN ADDITIONAL PERIOD OF EIGHT MONTHS. The City Council of the City of Tustin, California, does ordain as follows: 1. Ordinance No. 882 adopted as an interim urgency ordinance prohibiting any development projects designed for office uses in the C-1, C-2, CG, M and PC-Commercial Districts without first obtaining a use permit therefore, and prohibiting the issuance of permits or approvals of any kind for such devel- opment projects without first obtaining a use permit therefore, in order that the City Council may study the need for an ordi- nance regulating or prohibiting such development and uses, is hereby extended for an additional period of eight (8) months. 2. The extension of the said prohibition and morato- rium shall continue for said period of eight (8) additional months upon the adoption of this ordinance, unless duly extended or earlier termination, each as provided by law. 3. This ordinance is adopted to protect the public health, safety and welfare and is adopted as an urgency measure by a four-fifths (4/5ths) vote, pursuant to the provisions of Section 65858 of the California Government Code and shall take effect immediately. The urgency is based upon the fact that the City Council hereby finds and determines that any of such tempo- rarily prohibited developments and uses may have an adverse effect on properties and uses within the City of Tustin and that further study on such developments and uses is necessary. PASSED AND ADOPTED at a regular meeting of the City Council of the City of Tustin, California, held on the day of , 1983. ATTEST: MAYOR CITY CLERK 28 JGR:se:D:3/2/83 DATE: February 28, ~983 NEW BUSINESS NO. 2 Inter-Corn FROH: $ UBJ ECT: Honorable Chairman & Commission Members Community Development Department Moratorium on Office Development in Commercial Zoning Districts BACKGROUND Because of Council concerns about commitments of commercial lands to solely or predominantly office use with a loss of potential retail sales uses, and a concern over height and desigp of office structures (+45 feet in height with two stories over at-grade parking), the moratorium--was adopted November 15, 1982. In addition it was felt that such office complexes were deficient in parking at the standard of one space per each 300 square feet of gross floor area as provided by Tustin's Development Standards. The four-month time limit expires March 15, [983. All such uses are currently subject to Planning Commission action on a use permit. Without the moratorium, some uses would be subject to no discretionary action and uses conforming to code would be granted building permits. DISCUSSION There was a lack of consensus on specifics of ~egulatory changes to be proposed at the Council level and the first project reviewed under the moratorium was granted 100 percent office usage with increased parking, while the second was approved at regular parking standards with a percent (61) conditioned as retail sales only. It would appear from discussion and these actions that set percentanges, parking or other standards, are neither formulated nor resolute. Historically, commercial zoning has included numerous non-retail uses not only in Tustin but in the preponderance of communities; no aberration to this general condition has yet been identified by staff. Throughout our commercial shopping centers and districts, we find not only general offices, but other non-retail sales uses such as banks, cleaners, savings and loans, barber shops, travel agents, real estate, dog grooming, shoe repair, beauty salons, insurance agents, optometrists, emplo)nnent agencies and the like. Any general restriction of specific commercial zones as retail only would immediately created an abundant supply of. non-conforming uses throughout the City. This would appear an undesireable circumstance. It would appear best that the issue be retained as discretionary for initial consideration of new developments under a use permit procedure. Chairman & Commission ~embers February 28, 983 Page 2 The question of building height in commercial districts was presented to the City Council for a determination on changes to be made to the existing requirements (especially C2, M and PC) which permits up to 50 feet and three, or even four. stories. At a study session on December 7, 1981, an extensive graphic presentation on ¢onmner¢ial and residential building heights and ordinance provisions was made to the Planning Agency. The Council was unable to determine any changes necessary or felt suggested amendments by staff were not yet appropriate. Council took the matter under advisement with members to relate input to staff regarding such changes. No input has yet been forthcoming. In light of the Council not making code modifications in this regard, the only regulatory method appearing acceptable is again review of all commercial projects via the use permit process. The concern about parking was more clearly defined at one of the hearings under the moratorium and since no code amendment has yet been proposed, that option may still be open for exploration. It was felt by staff, based on statments of proponents for ~he Firemans Fund and Signal Development office complexes, that a requirement of one space per 250 square feet may be appropriate for office use in lieu of the current 1/300 square feet. Comparative information should be solicited and a proposed resolution prepared to amend the development standards. RECOI~EgOEO ACTION Recommend to the City Council, extension of Urgency Ordinance No. 882 for an additional 120 days, continuing the use permit process for new construction. e Develop an amendment to the General Regulation section of the Tustin Zoning Ordinance, making the use permit procedure permanent for such uses and adopting "guidelines" for review. 3. Develop alternative amendments to parking provisions for office complexes. 4. Modify definitions within the Zoning Ordinance to define the difference between retail and service commercial uses. MWB: jh