HomeMy WebLinkAboutNB 3 OFFICE USES MORA 03-7-83DATE:
THRU:
FROM:
March 7, 1983
WILLIAM HUSTON, CITY MANAGER
NEW BUSINESS
No. 3
3-7-83
Inter-Corn
HONORABLE MAYOR AND CITY COUNCIL
COMMUNITY DEVELOPMENT DEPARTMENT
SUBJECT:
Direct staff to advertise a Public Hearing for the consideration of extending interim
urgency Ordinance No. 882.
DISCUSSION:
On February 28, 1983, the Planning Commission recomm%ended to the City Council (3-0)
that the moratorium be extended for an additional 120 days. They also recommended
that a joint session of the Commission and City Council be held in March to establish
a specific policy towards office development in commercial, etc. districts, a~d to
~iscuss possible code amendments according to.that policy.
The .City 'Attorney has recommended that the moratorium be extended for eight months
(copy endlosed) in order that the Commission and City Council have ample time to work
out all details. The interim urgency ordinance can then be rescinded after 120 days
or any time after that for a period up to 8 months.
DATE: March 7, 1983
TO:
F ROM:
Inter-Corn
HONORABLE MAYOR AND CITY COUNCIL
JAMES G. ROURKE, CITY ATTORNEY
SUBJECT: EXTENSION OF MORATORIUM ON OFFICE USES IN C-1, ETC. DISTRICTS
The Planning Commission has recom~ended extension of the moratorium prescribed by
Ordinance 882.
Accordingly, enclosed is a proposed ordinance to extend Ordinance 882 which estab-
lished 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 (8) months.
It is necessary pursuant to Government Code 65856 that a public hearing be noticed and
held for the consideration of adoption of this ordinance of extension.
JGR: se: O: 3/2/83
cc: Mary Wynn
W. Huston
Enclosure as cited.
ORDINANCE NO.
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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.
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2. The extension of the said prohibition and morato-
rium shall continue for said p~riod of eight (8) additional
months upon the adoption of .this ordinance, unless duly extended
or earlier termination, each as provided' by law. ~'
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3. ~his 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
Council of the City of Tustin, California, held on the
day of , 1983.
the City
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ATTEST:
MAYOR
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CITY CLERK
JGR:se:D:3/2/83
OATE:
TO:
FROH:
SUBJECT:
February 28, 1983
NEW BUSINESS NO. 2
Inter - eom
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, 1983. 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 ~ode would be granted building permits..
. DISCUSSION
There was a lack of consensus on specifics of 6egulatory 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, employment 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 & Commiss,on Members
February 28, 1983
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 commercial 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~END£D ~CTIOM
'1. Recommend to the City Council, extension"of Urgency Ordinance No. 882'
for an additional 120 days, continuing the use permit'process for new
construction.
D6velop 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.
Develop alternative amendments to parking provisions for office
complexes.
Modify definitions within the Zoning Ordinance to define the difference
between retail and service commercial uses.
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