HomeMy WebLinkAbout01 EXT INTER ORD 1241 08-13-01AGENDA REPORT
NO. 1
08-13-01
610-70
MEETING DATE: AUGUST 13, 2001
TO: WILLIAM HUSTON, CITY MANAGER · ..
FROM'
SUBJECT'
COMMUNITY DEVELOPMENT DEPARTMENT
EXTENSION OF INTERIM ORDINANCE NO. 1241 FOR OFFICE USE CRITERIA
IN THE CENTRAL COMMERCIAL ZONING DISTRICT
SUMMARY
On July 2, 2001, the City Council adopted Interim Ordinance No. 1241 amending Sections
9233(a)(1 )(g), 9233c(ff), and 9233(e) of Tustin City Code to clarify the intent of the office use
criteria.' This clarification was needed to protect the public health, safety, and welfare and
ensure that office uses will not proliferate in areas where commercial retail uses would be
more compatible or desirable. The ordinance will be in effect for 45 days, or until August 16,
2001. The City Council may extend the Interim Ordinance for 10 months and 15 days
following a public hearing on the matter.
Applicant: City of Tustin Community Development Department
RECOMMENDATION
That the City Council extend Interim Ordinance No. 1241 for ten (10) months and fifteen (15)
days by at least a four-fifths vote.
FISCAL IMPACT
Interim Ordinance No. 1241 is a City-initiated project. The extension of the ordinance would
not have any fiscal impact on City resources.
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 July 2, 2001, the City Council adopted Interim Ordinance No. 1241 to clarify the intent of
the office criteria within the Central Commercial (C-2) zoning district (Interim Ordinance No.
1241). Tho Tustin Municipal Code was modified to clarify that a conditional uso permit is
City Council Report
Code Amendment 01-002
August 13, 2001
Page 2
required to establish an office use on the ground floor or in more than fifty (50) percent of the
total floor area of buildings in the C-2 zoning district with findings that state the office use is
more compatible or beneficial than other types of uses that could be established.
In accordance with Section 65858 of Title 7, Division 1 of the Government Code which
provides for urgency measures to establish interim zoning ordinances, Interim Ordinance
No. 1241 became effectively immediately on July 2, 2001, and will be in effect for forty-five
(45) days, or until August 16, 2001.
Section 65858 also provides for the extension of an Interim Ordinance for ten (10) months
and fifteen (15) days at a public hearing for the purpose of regulating 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 extension of
the interim zoning regulations 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.
Interim Ordinance No. 1242 (Attachment B) provides for an extension of ten (10) months
and fifteen (15) days,' or until June 28, 2002.
Karen Peterson
Senior Planner
ccrepo rt\retailo rdi n a nce 1241-2.doc
Elizabeth A. Binsack
Community Development Director
Attachment:
A: Interim Ordinance No. 1241
B: Interim Ordinance No. 1242
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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 O.F, ADDING PARAG~PH (fi) TO SUBSECTION (c) OF
SECTION 9233 OF, AND AMENDING PARAGRAPHS (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 sufficient 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.
Eo
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.
A comprehensive regulatory approach is necessary to ensure compatibility
between office uses and retail commercial uses in the Central Commercial
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Ordinance No. 1241
Page 2
District. Without such a comprehensive plar~, 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:
Go
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.
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 (fi) of Subsection (c) of Section 9233 of the Tustin Municipal
Code is added to read:
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:
Where a conditional use permit is required for professional and
general offices, if greater than fifty (50) percent of the total floor area,
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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 comme.rcial 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.
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Ordinance No. 1241
Page 4
PASSED AND ADOPTED by the City Council of the City of Tustin, at a regular
meeting on the 2"d day of July, 2001.
~o ~/~I~~E~ STOKER
~/~ ~ City Clerk
~ STATE OF CALIFORNIA )
'COUNTY OF ORANGE )
~ .CITY OF TUSTIN )
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SS
CERTIFICATION FOR ORDINANCE NO. 1241
Mayor OREEY
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COUNCILMEMBERAYES: Worley, Bone, Doyle, Kawashima
CO, U,NCILMEMBER NOES:
CCUNCILMEMBER A.I~'T, AtN E D:
homas
PAMELA STOKER [ / '
City Clerk
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.
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INTERIM ORDINANCE NO. 1242
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TUSTIN,
CALIFORNIA, EXTENDING INTERIM ORDINANCE NO. 1241, AMENDING
PARAGRAPH (g) OF SUBSECTION (a)(1) OF SECTION 9233 OF, AMENDING
PARAGRAPH (y) TO SUBSECTION (c) OF SECTION 9233 OF, AND AMENDING
PARAGRAPHS (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,
The City Council of the City of Tustin made the requisite findings required
under law and lawfully adopted Interim Ordinance No. 1241 on July 2,
2002 pursuant to Government Code Section 65858(a). Interim Ordinance
No. 1241 took effect immediately upon passage by a 4/5ths vote of the
City Council and will expire and be of no further force and effect at 12:00
am on August 16, 2001, unless otherwise extended as provided under
law. The provisions of Ordinance No. 1241 are incorporated as a part of
this ordinance.
The Council has received a staff report and a written report describing the
needs for extending Interim Ordinance No. 1241.
C,
It is the desire of the City Council to extend Interim Ordinance No. 1241 in
order to provide, staff adequate time to prepare the appropriate studies and
reports and to allow appropriate public input and participation in the
formulation of a permanent approach to the regulation of office uses in the
City's C-2 Central Commercial Zoning District.
D.
The City Council duly called, noticed, and held a public hearing on the
extension of interim zoning regulations set forth in Interim Ordinance No.
1241 on August 6, 2001, and continued the item to August 13, 2001.
THE COUNCIL OF THE CITY OF TUSTIN ORDAINS'
Section 1. Interim Ordinance No. 1241 is hereby extended in the manner required
under law and shall expire and be of no further force and effect at 12:00 am on
June 28, 2002, unless otherwise extended as provided under law.
Section 2. 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
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Ordinance No. 1242
Page 2
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 3. Paragraph (y) of Subsection (c) of Section 9233 of the Tustin Municipal
Code is amended to read'
(y)'
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 4. 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,
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 standards 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 5. This Interim Urgency Ordinance, extending the provisions of Interim
Ordinance No. 1241, was adopted by a four-fifths (4/5) vote of the City Council and
became effective immediately upon adoption.
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Ordinance No. 1242
Page 3
PASSED AND ADOPTED by the City Council of the City of Tustin, at a special
meeting on the 13th day of August, 2001.
TRACY WILLS WORLEY
Mayor
PAMELA STOKER
City Clerk
STATE OF CALIFORNIA )
COUNTY OF ORANGE )
CITY OF TUSTIN )
SS
CERTIFICATION FOR ORDINANCE NO. 1242
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. 1242 was duly adopted at a regular meeting of the Tustin
City Council, held on the 13th day of August, 2001.
COUNCILMEMBER AYES:
COUNCILMEMBER NOES:
COUNCILMEMBER ABSTAINED:
COUNCILMEMBER ABSENT:
PAMELA STOKER
City Clerk