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HomeMy WebLinkAboutPH 2 ZONE CHANGE 81-2 05-04-81DATE: Hay 4, 1981 PUBLIC HEARING NO. 2 Inter-Corn TO: Planning Agency and City Council FROM: Community Development Department SUBJ£C)ene Change 81-2 (Tutt), Red Hill and Nisson Road BACKGROUND Eugene F. and Rita C. Tutt have made application for a Zone Change from the C-1 (Retail Commercial) to the CG (Commercial General) District for the property located on the northerly side of Nisson Road and easterly side of Red Hill Avenue. The Planning Commission on 24 February, 1969, approved Use Permit 69-289 by Resolution No. 1050, authorizing the construction and operation of a restaurant and service station on the site. The service station has been in continuous operation, although there have been several tenants. The restaurant has had several different operators and was abandoned in 1980. The restaurant portion of the structure was advertised for office lease. DISCUSSION The C-1 District authorizes retail businesses within a building, service businesses, restaurants and offices. Service stations are authorized subject to a Use Permit. The Commercial General (CG) District authorizes a broader range of permitted uses than the C-1 District and provides the opportunity for the Planning Agency to review unclassified uses for the appropriateness of the site and development. The Commercial General (CG) District provides greater flexibility of land uses and could serve as a zoning classification for all commercial uses within the City. A Use Permit application has been submitted for the subject property and should be considered separately from the application for a zone change. RECOMMENDED ACTION It is recommended that: The Planning Agency, following the Public Hearing, adopt Resolution No. 1968 recommending to the City ~ouncil the approval of the zone change request. May 4, 1981 Page Two e The City Council, following the Public Hearing, approve the zone change request for the subject property from C-1 to CG and introduce Ordinance No. 846. R. Kenneth Fleag~e, D.P.A. Acting Community Development Director RKF/dat 1 2 3 5 6 ? 8 9 10 11 14 15 16 18 19 ZO ~4 Z5 ~6 £8 The Planing fol 1 ows: RESOLUTION N0.1969 A RESOLUTION OF THE PLANNING AGENCY OF THE CITY OF TUSTIN, RECOMMENDING REZONING PROPERTY FROM C-1 TO THE CG DISTRICT AT THE NORTH- EASTERLY CORNER OF RED HILL AVENUE AND NISSON ROAD. Agency of the City of Tustin does hereby resolve as I. The Planning Agency finds and determines as follows: A. That a proper application, (Zone Change 81-2) has been filed on behalf of Eugene and Rita Tutt for a zone change from the Retail Commercial (C-1) to the Commercial General (CG) District for the property described in Exhibit "A" attached hereto and incorporated herein by this reference as though set forth herein in full. B. That a public hearing was duly called, noticed and held on said application. C. That a zone change should be granted for the follow- reasons: The Commercial General District is in conformance with the commercial land use designation of the Tustin Area General Plan. e The Commercial General District authorizes a broader range of permitted uses and provides the opportunity for review of unclassified uses for appropriateness of site and development. D. Development of subject property shall be in accordance with the policies adopted by the City Council; UniformBuilding Codes as administered by the Building Official; Fire Code as administered the Orange County Fire Marshal; and street improve- ment requirements as administered by the City Engineer. E. Final development plans shall require the review and approval of the Community Development Director. F. That this project is categorically exempt from the requirements of the California Eniironmental Quality Act. 29 II. The Planning Agency hereby recommends to the City Council approval of Zone Change (81-2) from the Retail Commercial, (C-1) to the Commercial General (CG) District. I Resolution No. 1969 May 4, 1981 2 Page Two $ § 6 ? 8 lO 15 l? 18 19 ~8 PASSED AND ADOPTED at a regular meeting of the Planning Agency, held on the day of , 1981. Mary Ann Chamberlain Recording Secretary James B. Sharp Chairman SANTA AHA FWY COMMERCIAL GENERAL · NISSON ZONING MAP TUSTIN, CALIF. PER RES. NO. DATED PER ORD. NO. DATED EXHIBIT A