HomeMy WebLinkAbout10 ORD 1241 OFFICE USE 07-02-01AGE_NDA REPORT
NO. 10
o7-o2-01
MEETING DATE: JULY2, 2001 610-70
TO:
WILLIAM HUSTON, CITY MANAGER'
FROM'
COMMUNITY DEVELOPMENT DEPARTMENT
SUBJECT:
INTERIM ORDINANCE NO. 1241 FOR OFFICE USE CRITERIA IN THE CENTRAL
COMMERCIAL ZONING DISTRICT
SUMMARY
Interim Ordinance No. 1241 for Code Amendment 01-003 is an urgency measure to adopt
interim zoning regulations amending Section 9233(a)(1)(g), adding Section 9233c(ff), and
amending 9233(e) of Tustin City Code to clarify the intent of the office use criteria. This
clarification is needed to protect the public safety, health, and welfare and ensure that office
uses will not proliferate in areas where commercial retail uses would be more compatible
or desirable. If adopted, the ordinance would be in effect for 45 days and may be extended
by the City Council at a future public hearing for 10 months and 15 days.
Applicant: City of Tustin Community Development Department
RECOMMENDATION
That the City Council adopt Interim Ordinance No. 1241 approving Code Amendment 01-003
by at least a four-fifths vote.
FISCAL IMPACT
Code Amendment 01-003 is a City-initiated project.
have any fiscal impact on City resources.
The proposed amendment would not
ENVIRONMENTAL
Section 65858 of Title 7, Division 1 of the Government Code provides for the adoption of
urgency measures. A full environmental analysis will be undertaken in conjunction with
consideration of permanent regulations.
DISCUSSION
On June 11, 2001, the Planning Commission requested that staff evaluate the intent of the
office use criteria in the Central Commercial zoning district. The office use criteria
(Attachment A) is set forth to ensure that:
City Council Report
Code Amendment 01-002
July 2, 2001
Page 2
Office uses in the commercial zoning dis[rict are conditionally permitted when more
than 50 percent of the total floor area or any portion of the ground floor area is devoted
to office uses; and,
Sufficient parking is available to accommodate the potential for retail uses.
These provisions should be clarified to state that these requirements must be satisfied for
new construction and changes of use. Although the text has been interpreted historically to
mean that both new construction and changes in use must comply with the office use' criteria,
there has been confusion in implementing these provisions given the lack of clarity of the
language. In addition, these provisions are contradictory in that Subsection 9233(e)(2)
requires a conditional use permit for any ground floor office area and Subsection 9233(e)(3)
waives the requirement for a conditional use permit if less than fifty (50) percent of the total
floor area, including the ground floor area, is devoted to office.
There have been a number of applications for and inquiries regarding locating offices within
buildings or tenant spaces that were constructed for or occupied by retail uses. A particularly
sensitive area of the City is the Old Town Tustin area in which the Cultural Resources
Overlay District encourages a variety of retail uses but does not restrict the establishment of
office uses in commercial areas, especially on ground floor levels where retail uses are
desirable and would attract pedestrian traffic.
To clarify the intent of the Tustin City Code, the following text is proposed'
Under Permitted Uses [9233(a)(1)(g)]:
"Professional and general offices where less than fifty (50) percent of the total floor
area, if located on any floor above the ground floor, of a building will be occupied by
a professional or general office use."
Under Conditionally Permitted Uses [9233c(ff)]'
"Professional and general offices where greater than fifty (50) percent of the total
floor area, or any portion of the ground floor area, of a building will be occupied by
professional or general office use."
Under Use Criteria - Office Development [Section 9233(e)]'
(1)
'~/here a conditional use permit is required for professional and general offices,
if greater than fifty (50) percent of the total floor area, or any portion of the
ground floor area, will be occupied by professional or general office use,
City Council Report
Code Amendment 01-002
July 2, 2001
Page 3
findings, in addition to those findings required to be made prior to approval of a
conditional use permit pursuant to Section 9291 of the Tustin City Code, shall
be made with supporting documentation and evidence prior to the approval of a
conditional use permit stating that an office use would be more compatible with
the existing and planned uses in the vicinity than a retail commercial use on the
subject property and that an office use .would be more beneficial in
implementing applicable land use policies such as the Tustin General Plan,
Tustin City Code, and any Tustin Community Redevelopment Agency Project
Area Plan than a commercial retail use on the subject property.
(2)
Office uses authorized on any portion of the ground floor of a building pursuant
to the use criteria in this subsection shall conform with the parking standards
for retail commercial uses for the first floor area of the building, unless other
standard are applicable to any portion of the property within a Combining
Parking District or the Cultural Resources Overlay District, or unless otherwise
specifically exempted from this requirement in conjunction with the conditional
use permit approval process."
Adoption of this language would be an urgency measure establishing an interim zoning
ordinance in accordance with Section 65858 of Title 7, Division 1 of the Government Code.
The City Council may regulate uses that may conflict with a zoning amendment that will be
studied within a reasonable amount of time. Staff will bring forward a comprehensive code
amendment regarding office use criteria for Planning Commission and City Council
consideration in the near future. An urgency measure is necessary to clarify the intent of
the office use criteria to protect the integrity of the Central Commercial (C-2) zoning district
and prevent the proliferation of uses that are not consistent with the vision for this district
prior to adoption of a new code. The ordinance would be effective for forty-five (45) days
from the date of adoption and may be extended for 10 months and 15 days by the City
Council at a future public hearing.
Findings in support of adoption of the proposed ordinance are included within Attachment
B (Interim Ordinance No. 1241).
Karen Peterson
Senior Planner
ccrepo rt\retailo rdi n a nce 1241-2.doc
r
E~zabeth A. Binsack
Community Development Director
Attachment: A:
B'
Tustin City Code Section 9233(e)
Interim Ordinance No. 1241
ATTACHMENT A
Office Use Criteria- Subsection 9233(e)
.cITY CODE ZONING 9235(cc)
collection, facilities, subject to standards contained in the C-1 District regula-
9232a.2. (Ord. No. 993, Sec..7, 9-8-87) ,
booking agency~ as defined in section 3731 of this Code. (Ord. No.
1170, Sec. 2, 6-3-96)
175, Sec. 5; Ord. No. 699, Ord. No. 888, Secs. 1(6), 7, 8-1-83; Ord. No. 958, Sec.
·
."./'.:. Hotel off-street parking requirement is 1 space for each 2 guest rooms. 293,
· Sec.' 3)
Standards for Conditionally ,,s
..
..
· ... As specified in section 9233b above, unless otherwise ed, with rear yard and
off-street parking requirements as specified in the use permit.
...,
i':'""" Criteria--Office Development
..: Office developments within the Central Commercial District (C-2) shall be constructed
to confom with the parking standards for retail commercial uses on the first floor area
of the building unless otherwise specifically exempted Pursuant to the approved
· conditional use permit.
."'i."" ~'-2) Findings, including but not limited, to the following, shall be made by the Planning
Comm~smon prior to approving a conditional use permit for construction of a building
...:,~i"('~' Where greater than 50 percent of the total floor area, or any portion of the ground floor
'i.~:~.'~ii!.. area is designated for occupancy by professional or general offices:
~ ./i.'i'!i~ii..:~!II~-~ "';' (a) Development or construction of professional or general office buildings would be
· '~i'i-~ii~i:.'' more compatible with surroUnding uses in the area than pemitted retail
. ~-..'i':.'. ~.' ·
..;,""~:!::' commercml uses on the subject property.
...../i.~..~i¢...~. .
....::i~:i.!3)....~,~?.~_ Development or construction of buildings restricted to a mixture of uses in which the
. "..!i-~:".:''.,,::~ '..~::: retail commercial floor area exceeds 50 percent of the total floor, area is exempt from
.'.'./:iii~/~i:!;:: office development use criteria. (Ord. No. 157, Sec. 4.8; Ord. No. 896; Sec. 8, 11-21-83)
..,:..~ :.~.. ,' ·
'.~?.-.'..:~.~_~24 HEAVY COMMERCIAL DISTRICT (C-3)
.'...)',.'ii~!ilPermitte~l ~Ises ..
)":i.~!:!!!None but the follo~vh4l uses, or uses Which in the opinion of the Planning Commission are
. ':i"~~ar, will be allowed in th.e I~.avy Commercial District (C-3): "
':i:~/.ji!~!:i(1) All uses listed in the C-2 13~st~ict, except schools, churches and outdoor sales
'.":~i!!" ': ~:... ~,~!.~ ' establishments
':'.'.i~..:;::':(2) Electronic plants Within a building
'"'/" '~~!':i3)i~:,. Research plants
_'..i~iii?:('4)i!~:~ Secondhand sales within a building
· '":~f(!![;"~"':' 5' Wholesale stores and st .........
~.".~i;~i!i::!~:"t ~ orage w~mn a omiaing
'/"'~"~ii~ .' ~?: '
... ~EV. 7-00 LU-2-39
?'ii~ ,?.:;'
· .
"... .. .. , .....~ ............ ...... '"'. ......
· . ......... ~,i~~',:'.':;,.... ~. '...
.... , ~:~,,,..,.... ,. .....
ATTACHMENT B
Interim Ordinance No. 1241
ORDINANCE NO. 1241
AN INTERIM ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TUSTIN,
CALIFORNIA, AMENDING PARAG~PH (g) OF SUBSECTION (a)(1) OF
SECTION 9233 OF, ADDING PARAG~PH (fi) TO SUBSECTION (c) OF
SECTION 9233 OF, AND AMENDING PARAG~PHS (1), (2), AND (3) OF
SUBSECTION (e) OF SECTION 9233, OF THE TUSTIN CITY CODE, RELATING
TO THE REGULATION OF OFFICE USES WITHIN THE CENTRAL COMMERCIAL
(C-2) ZONING DISTRICT AND PROVIDING THAT THIS INTERIM ORDINANCE
TAKE EFFECT IMMEDIATELY AS AN URGENCY MEASURE TO PROTECT THE
PUBLIC HEALTH, SAFETY, AND WELFARE
The City Council of the City of Tustin finds and determines as follows'
A.
Subsections 9233(a)(1)(g), 9233(c)(ff) and 9233(e) of the Tustin City Code
do not provide su~cient clarity to provide clear guidance regarding the
establishment of office uses within the Central Commercial (C-2) zoning
district. The lack of clarify presents a current and immediate threat to the
public health, safety, and welfare in that office uses could proliferate without
proper findings and entitlements granted by the Planning Commission which
would undermine the land use policy established and articulated by the
Tustin City Code and Tustin General Plan.
a,,
There have been inquiries regarding constructing and locating office uses
within areas where retail commercial uses are desired and approval of
additional office uses would adversely deter, discourage, and prevent
implementation of such retail commercial uses and thereby adversely
affecting the public health, safety, or welfare of the City. In addition, the
establishment of offices would detract from the retail commercial nature of
such areas and undermine the implementation of the land use policy
established and articulated by the Tustin City Code and Tustin General Plan
Co
The Community Development Department is undertaking a study for the
purpose of devising a comprehensive regulatory approach to the installation,
establishment, and maintenance of professional and general office uses
within the Central Commercial District and the effects of such office uses on
retail commercial uses. This interim ordinance creates consistency between
the provisions of the Central Commercial zoning district and the Cultural
Resources Overlay District by regulating the establishment of new office uses
during this interim period.
Do
This Interim Ordinance is necessary to protect the citizens of Tustin and the
community vision for the City by providing interim regulations for office uses
within commercial districts while permanent regulations are being developed.
Eo
A comprehensive regulatory approach is necessary to ensure compatibility
between office uses and retail commercial uses in the Central Commercial
Ordinance No. 1241
Page 2
District. Without such a comprehensive plan, the Central Commercial District
could quickly deteriorate with detrimental consequences to social,
environmental, and economic values. It is the desire of the City Council that
a comprehensive regulatory program be developed in conjunction with the
procedural requirements of the Tustin Municipal Code and reviewed and
considered by affected property owners, businesses, the Planning
Commission, and the City Council prior to implementation.
Fo
The proposed amendment is consistent with the following General Plan Land
Use Element Implementation Measure:
Land Use Element Implementation Measure 1' Revisions to the
Zoning Ordinance shall include, but not be limited to, provision of
incentives to encourage integration of retail uses on the street level of
office projects.
G,
The purpose of this interim ordinance is to temporarily restrict and regulate
the installation and establishment of new professional and general office
uses in the Central Commercial District, including changes of use of any
existing building or structure to a professional or general office use during
this interim period until a comprehensive regulatory program establishing
appropriate and sufficient criteria can be devised to ensure that professional
and general office uses will be compatible with, enhance, and complement
retail commercial uses in the Central Commercial District.
Section 1. Paragraph (g) of Subsection (a)(1) of Section 9233 of the Tustin
Municipal Code is amended to read:
(g)
Professional and general offices where less than fifty (50) percent of the total
floor area, if located on any floor above the ground floor, of a building will be
occupied by a professional or general office use.
Section 2. Paragraph (fl) of Subsection (c) of Section 9233 of the Tustin Municipal
Code is added to read:
(fO:
Professional and general offices. Where greater than fifty (50) percent of the
total floor area, or any portion of. the ground floor area, of a building will be
occupied by professional or general office use.
Section 3. Paragraphs (1), (2), and (3) of Subsection (e) of Section 9233 of the
Tustin Municipal Code are amended to read:
(e)
Office Use Criteria- Office Development:
(1)
Where a conditional use permit is required for professional and
general offices, if greater than fifty (50) percent of the total floor area,
Ordinance No. 1241
Page 3
or any portion of the ground floor area, will be occupied by
professional or general office use, findings, in addition to those
findings required to be made prior to approval of a conditional use
permit pursuant to Section 9291 of the Tustin City Code, shall be
made with supporting documentation and evidence prior to the
approval of a conditional use permit stating that an office use would
be more compatible with the existing and planned uses in the vicinity
than a retail commercial use on the subject property and that an office
use would be more beneficial in implementing applicable land use
policies, such as the Tustin General Plan, Tustin City Code, and any
Tustin Community Redevelopment Agency Project Area Plan than a
commercial retail use on the subject property.
(2)
Office uses authorized on any portion of the ground floor of a building
pursuant to the use criteria in this subsection shall conform with the
parking standards for retail commercial uses for the first floor area of
the building, unless other standard are applicable to any portion of the
property within a Combining Parking District or the Cultural Resources
~Overlay District, or unless otherwise specifically exempted from this
requirement in conjunction with the conditional use permit approval
process.."
Section 4. In accordance with the goals, objectives, policies, and programs of the
City's adopted plans and policies, the City Council authorizes the Community
Development Department to prepare a comprehensive regulatory program, including
implementing guidelines and review criteria, to assist the City in the review or
proposals to install, develop, create, or commence professional and general office
uses in the Central Commercial District of the City
Section5. This ordinance is an Interim Ordinance, enacted pursuant to
Government Code Section 65858(a). This ordinance shall take effect immediately
upon passage by a 4/5ths vote of the City Council' and shall expire and be of no
further force and effect at 12:00 am on August 16, 2001, unless otherwise extended
as provided under law.
Section 6. All of the provisions of this urgency ordinance shall be construed
together in order to accomplish the purpose of these regulations. If any section,
subsection, sentence, clause, phrase, or portion of this Interim Urgency Ordinance
is for any reason held out be invalid or unconstitutional by the decision of any court
of competent jurisdiction, such decision shall not affect the validity of the remaining
portions of this ordinance. The City Council of the City of Tustin hereby declares
that it would have adopted this ordinance and each section, subsection, sentence,
clause, phrase, or portion thereof irrespective of the fact that any one or more
sections, subsections, sentences, clauses, phrases, or portions be declared invalid
or unconstitutional.
Ordinance No. 1241
Page 4
PASSED AND ADOPTED by the City Council of the City of Tustin, at a regular
meeting on the 2~ day of July, 2001.
TRACY WILLS WORLEY
Mayor
PAMELA STOKER
City Clerk
STATE OF CALIFORNIA )
COUNTY OF ORANGE )
CITY OF TUSTIN )
SS
CERTIFICATION FOR ORDINANCE NO. 1241
PAMELA STOKER, City Clerk and ex-officio Clerk of the City Council of the City of
Tustin, California, does hereby certify that the whole number of the members of the
City Council of the City of Tustin is 5; that the above and foregoing Interim Urgency
Ordinance No. 1241 was duly adopted':' at a regular meeting of the Tustin City
Council, held on the 2nd day of July, 2001.
COUNCILMEMBER AYES:
COUNCILMEMBER NOES:
COUNCILMEMBER ABSTAINED:
COUNCILMEMBER ABSENT:
PAMELA STOKER
City Clerk