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Home My WebLink About06 CA 06-004 ITEM #6 Inter-Com DATE: AUGUST 14, 2006 PLANNING COMMISSION TO: FROM: COMMUNITY DEVELOPMENT DEPARTMENT SUBJECT: CODE AMENDMENT 06-004 (OFFICE USE PROVISIONS IN OLD TOWN) RECOMMENDATION That the Planning Commission adopt Resolution No. 4032 recommending that the City Council approve Code Amendment No. 06-004 related to the office use provision within the Central Commercial (C-2) District. BACKGROUND AND DISCUSSION The office use provision within C-2 Districts was initially adopted in 1983. The intent of the office use provision was to encourage retail establishments on the ground floor, particularly in Old Town. On July 2, 2001, the City Council adopted Interim Ordinance No. 1241 amending Sections 9233(a)(1)(g), 9233c(ff), and 9233(e) of the Tustin City Code clarifying the intent of the office use criteria. On August 13, 2001, the City Council adopted Interim Ordinance No. 1242 extending Interim Ordinance No. 1241 for 10 months and 15 days or until June 28, 2002. On May 6, 2002, the City Council adopted Ordinance No. 1251 replacing the interim ordinance with a permanent ordinance. On June 14,2004, and June 26,2006, the Planning Commission conducted workshops, discussed issues related to implementation of the Office Use provision, and provided staff with direction on possible amendments to the office use provisions. Based upon input from the Planning Commission, Chamber of Commerce, and Tustin Old Town Association, the following proposed amendments to the Tustin Municipal Code are summarized as follows: Permitted Office Uses Professional and general offices that are not fronting onto Main Street or EI Camino Real or located outside the Old Town Commercial General Plan land use designation would be outright permitted. Conditionallv Permitted Office Uses Professional and general offices that are fronting onto Main Street or EI Camino Real would be conditionally permitted provided that: Planning Commission Report CA 06-004 Page 2 of 3 1. Professional and general offices proposed at the ground floor level or that are greater than fifty (50) percent of the total building floor area shall not be approved unless the approving authority finds, based on supporting documentation and evidence 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 Redevelopment Plan than a retail commercial use on the subject property. 2. Approval of professional and general office uses shall meet one or more of the following criterion: o The proposed use is to be located in an existing building originally designed, built, and occupied as offices or converted to office use pursuant to an approved building permit. o The proposed use is to be located in an existing building that because of its design and orientation is impractical to modify or alter to accommodate retail establishments. o The proposed use is to be located in an existing building reqUiring significant reconstruction that is not economically feasible or practical to accommodate retail establishments. o The proposed use is to be located in a multi-tenant retail center and is ancillary but complimentary to the remaining mixed uses with respect to type of use, hours of operation, convenience, and parking demand. o The proposed use is determined to be beneficial, complementary, and compatible with surrounding neighborhood and nearby retail establishments. Incompatible Uses Upon studying the Office Use provision of the C-2 District, the Planning Commission identified uses contained in the C-1 and C-2 District regulations that are not compatible with the intended retail environment. The following uses would be removed from the district regulations: . Business School . Interior Decorator . Job Printing . Telephone Answering Service . Typing and Addressing Service Planning Commission Report CA 06-004 Page 3 of 3 Approvina Authoritv Section 9299.b(3)(k) of the Tustin City Code would be added to authorize the Zoning Administrator to approve, conditionally approve, or deny a Conditional Use Permit application for professional and general office uses fronting onto Main Street and El Camino Real. In addition, Section 9232a and Section 9233a of the Tustin City Code would be amended to authorize the Community Development Director and/or the Planning Commission to determine if certain unlisted uses are considered to be similar to those listed uses and would be allowed in the commercial districts. ENVIRONMENTAL ANALYSIS The proposed amendment is not subject to the California Environmental Quality Act ("CEQA") pursuant to Title 14, Chapter 3 of the California Code of Regulations, Sections 15060(c)(2) (the activity will not result in a direct or reasonable foreseeable indirect physical change in the environment) and 15060(c)(3) (the activity is not a project as defined in Section 15378) because it has no potential for resulting in physical change to the environment, directly or indirectly. OTHER AGENCIES The Tustin Community Redevelopment Agency has reviewed and supports Code Amendment 06-004. In addition, Code Amendment 06-004 is consistent with the Tustin Old Town Association objective to stimulate the Old Town commercial district. Staff recommends that the Planning Commission adopt Resolution No. 4032 recommending that the City Council approve Code Amendment 06-004. ~~ Senior Planner &;'hL~ Elizabeth A. Binsack Community Development Director Attachment: Resolution No. 4032 S:\Cdd\PCREPORT\2006\C-2 Office Crilerla ,doc ATTACHMENT Resolution No. 4032 RESOLUTION NO. 4032 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF TUSTIN, CALIFORNIA, RECOMMENDING THAT THE CITY COUNCIL APPROVE CODE AMENDMENT 06-004 AMENDING THE TUSTIN CITY CODE RELATING TO OFFICE USE PROVISIONS WITHIN COMMERCIAL DISTRICTS. The Planning Commission of the City of Tustin does hereby resolve as follows: I. The Planning Commission finds and determines as follows: A. That the intent of the office use provisions within Commercial districts was to encourage retail establishment on the ground floor, particularly in Old Town Tustin. B. That the current office use provisions within the Central Commercial (C-2) District restrict offices uses within any C-2 districts, including those that are located outside Old Town Tustin. C. That proposed Code Amendment 06-004 would restrict and regulate the installation and establishment of office uses only to those parcels fronting onto Main Street and EI Camino Real (major intersection for Old Town Tustin) and provide criteria for approving offices uses when fronting onto Main Street and EI Camino Real. D. That on August 14, 2006, a public hearing was duly noticed, called, and held on Code Amendment 06-004 by the Planning Commission. E. That the proposed amendments are exempt from the provisions of the California Environmental Quality Act (CEQA), as found in California Code of Regulations Sections 15060(c)(2) and 15060(c)(3). F. That the proposed code amendments are reasonably necessary to protect the health, safety, and welfare of the citizens of the City of Tustin. G. That the proposed amendments are consistent with the Tustin General Plan in that they comply with the following goals and policies: Exhibit A Resolution No. 4032 CA 06-004 Page 2 Land Use Element Goal 2: Ensure that future land use decisions are the result of sound and comprehensive planning. Land Use Element 1.2: Provide for and encourage the development of neighborhoods serving commercial uses in areas of Tustin presently underserved by such uses. Encourage the integration or retail service commercial uses on the street level of office projects. II. The Planning Commission hereby recommends that the City Council approve Code Amendment 06-004 by amending the Tustin City Code as follows: Section 9232.a is hereby amended as follows: a Permitted Uses The following uses, or unlisted uses which, in the opinion of the Community Develooment Director and/or Planning Commission, are resolved to be similar, will only be allowed in those Retail Commercial District buildings specifically approved for occupancy by the respective land use category. Sections 9232.a.2(f), (k),(I), (s), and (u) are hereby deleted as follows: 9232.a.2(f) 9232.a.2(k) 9232.a.2(1) 9232.a.2(s) 9232.a.2(u) 811Sir19ss schools Interior doceFater Jee printing Telephone 3R&v.{oring &OlVico Typing and addressing sorvico Section 9233.a is hereby amended as follows: a. Permitted Uses The following uses, or unlisted uses which, in the opinion of the Community Develooment Director and/or Planning Commission, are resolved to be similar, will only be allowed in the Central Commercial District. Exhibit A Resolution No. 4032 CA 06-004 Page 3 Section 9233.a(g) is hereby amended as follows: (g) Professional and general offices not frontina onto Main Street or EI Camino Real or located outside the Old Town Commercial General Plan land use desianation. wl:1efe less than fifty (e9) !'lerGent of the tetal floor area, if looated on any floor abo'lo the ground fleer ef a bblilEting, '.-:i11 BO OGGblpi08 by :1 pFofoc~ion:J.1 elf gonoral of.ficG t;Jso. Section 9233.c(y) is hereby amended as follows: (y) Professional and general offices frontina onto Main Street or EI Camino Real and located within the Old Town Commercial General Plan land use desianation. subiect to the use criteria for office development provided herein: Censtrl,jGtien ef new building or oSGl,jpanGy ef an existing building where greater than fifty (eO) percent of the total floor area, or any l3eFlien ef tl:1e grel,jnd floor area of a building, will be oooupies by a I3refessienal er general ef.fiso t;JEO. (1) INhere Professional and aeneral offices proposed at the around floor level or that are areater than fiftv (50) percent of the total buildina floor area shall not be approved unless the approvina authoritv finds. based on supportina documentation and evidence. that an office use would be more compatible with the existina. and planned uses in the vicinity than a retail commercial use on the subiect property and that an office use would be more beneficial in implementina applicable land use policies such as the Tustin General Plan. Tustin Citv Code. and any Tustin Communitv Redevelopment Aaency Proiect Area Redevelopment Plan than a retail commercial use on the subiect property. (2) Approval of professional and aeneral office uses shall meet one or more of the followina criterion: a. The proposed use is to be located in an existina buildina oriainally desianed. built. and occupied as offices or converted to office use pursuant to an approved buildina permit. b. The proposed use is to be located in an existina buildina that because of its desian and orientation is impractical to modify or alter to accommodate retail establishments. Exhibit A Resolution No. 4032 CA 06-004 Page 4 c. The proposed use is to be located in an existina buildina reauirina sianificant reconstruction that is not economically feasible or practical to accommodate retail establishments. d. The proposed use is to be located in a multi-tenant retail center and is ancillary but complementary to the remainina mixed uses with respect to type of use. hours of operation. convenience. and parkina demand. e. The proposed use is determined to be beneficial. complementary. and compatible with surroundina neiahborhood and nearby retail establishments. Section 9233.e is hereby deleted as follows: e Use Criteria Onise De'/elel3A'lent (1) \'Vhere a conditienal (,Ise l3orA'lit is req(,limd for prefessienal ana fleneral enises, whoro any portion ef the flre(,lna floor area er flreater than fifty (50) percent et the tetal floor area will l3e esslll3iea by professional or fleneral effioe (,Ises, finainfls, in aaaition to those findings req(,liroa to l3e A'lade I3rior te al3l3reval of a conditional (,Ise l3orA'lit l3(,1rs(,lant te Sectien Q2Q1 af tha T(,Jstin City Code, shall l3e A'laao. findings shall inslllao SIl1313ertin9 doouA'lentalien and €wiaense flrior to tho al3Proval of a sonaitional (,ISO flOrA'lit statinfl that an offioo uso would 130 A'lore sOA'lpalible with tt-le existinfl ana I3lannod usos in tho '/isinity than a retail seA'lA'leroial (,Ise en tt-lo subjoct proporty ana that an offiso (,Ise we(,lla l3e A'lore bonoficial in iA'll3loA'lenting al3l3lisal3le Ian a Ilse flelisies s(,loh as tho Tustin General Plan, Tllstin City Coao, ana any Tustin CeA'lA'l(,lnity Redevolol3A'lent Agonoy Projest .^.rea Reaovolopmont Plan than a mtail oommorcial use en the subjeet !lro!lorty. (2) Office (,Ises a(,ltt-lorizoa on any portion of tho ground floor of a I3llilainfl !lllrSklant to the use oriteria in this subsestien shall senferA'l wilt-l tho parking stanaaras fer retail ceA'lA'loroial (,Ises for tho first fleer aroa ef tho builainfl, (,Inless othor stanaards are aJ3!llioablo to any 130rtion af tho J3rol3orty pms(,lant te the Cllllllral Resources Ovorlay Distriot. Section 9299.b(3)(k) is hereby added as follows: Exhibit A Resolution No. 4032 CA 06-004 Page 5 (k) Professional and general offices fronting onto Main Street and EI Camino Real and located within the Old Town Commercial General land use designation. PASSED AND ADOPTED by the Planning Commission of the City of Tustin at a regular meeting on the 14th day of August, 2006. Chairperson ELIZABETH BINSACK Planning Commission Secretary STATE OF CALIFORNIA ) COUNTY OF ORANGE ) City of Tustin ) I, Elizabeth A. Binsack, the undersigned, hereby certify that I am the Planning Commission Secretary of the City of Tustin, California, that Resolution No. 4032 was duly passed and ado~ted at a regular meeting of the Tustin Planning Commission, held on the 141 day of August, 2006. ELIZABETH BINSACK Planning Commission Secretary