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Home My WebLink AboutPC RES 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 Development 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) 81,lsiness sshools Interisr decor:atsr Joe printin!jj Telophono ans'.~'Gr:ing corviGO Typin!jj ane addressin!jj serviss Section 9233.a is hereby amended as follows: a. Permitted Uses The following uses, or unlisted uses which, in the opinion of the Community Development 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. whgrg Igss than fifty (59) I39rCgnl gf thg tgtal flger ama, if leeated on any flggr aBove thg !ijrgl,/nd floor of a BI,/i1EliA!ij, will be gSSl,/l3igd BY a I3refgssi9Aal or gOA9ral 9Uise 1,/89. 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: Constrl,/sti9n 9f ne",.. I3I,/i1ding or occupansy ef an 9xistin!ij BI,/i1EliA!ij '.vh9re !ijreater thaA fif.ty (50) I3grsgnl of the tetal floor ama, 9r aAY l3ortion of th9 !ijrel,/nEl fleer area 9f a l3uildiA!ij, will 139 gesupieEl BY a Wef.9ssieAal or genoml office uso. (1) \^lh9m Professional and aeneral offices proposed at the around floor level or that are areater than fifty (50) percent of the total buildina floor area shall not be approved unless the approvina authority 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 City Code. and any Tustin Community 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 buildinq permit. b. The proposed use is to be located in an existinq buildinq that because of its desiqn 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 economicallv 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 nearbv retail establishments. Section 9233.e is hereby deleted as follows: o Uso Criteria Offico DO'/elopFRent (1) Whore a conditional IlS0 pormit is rOl;lllirog for pmfessional and €Jeneral Gfficos, where any 130rtion of the €Jrc31lnd floor area or greator tAem fifty (50) percent of the total floor aroa will be eccllpiog ey flrofessienal or general office uses, fingings, in aggition to those fingin€Js rel;luireg to eo FRade flrior to approval of a eonditional Ilse flormit I3llrslolant to Section 9291 of tAo Tustin City Code, sAall eo made. ringings shall incllolgo slolpportin€J goelolFRentatien and ovigoneo prior te IAO al3l3rOval of a eengitional IoIS0 l3ermit stalin€J that an offiee Ilse weuld ee FRore eompatielo IJJitA the existin€J ang I3lanned usos in tAe vicinity than a rotail commoreial Ilse on the susject I3roflorty ang that an offico IoIse .....elllg ee FRore senofieial in imploFRentin€J applieasle lang IoIse polieies slleA as tho Tllstin Genoral Plan, TloIstin City Codo, and any TloIstin COFRFRllnity Rode'/eleflmont ^goncy Projeet .^.rea Rodo'/elol3FRont Plan Ihan a rotail commor.ciallolse on tAe slolbject I3rel3erty. (2) Offico usos alltAorized on any portien of tho grelolnd fleer of a building pursuant te tAe IoIse critoria in this sllbsectien sAall cenforFR wit A tho parking standargs for rotail eeFRFRorcial IoIS0S fer Ihe first floor area of tho buildin€J, IlnlGss other standargs am applicablo 10 any portion of tho preporty pmsuant to the CloIltlolral Resourcos Overlay District. 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. a~_AJ;:~L- ELIZABETH BINSACK Planning Commission Secretary ria -1# uf!;. Chairperson 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. a~A.~:j4d: ELIZABETH BINSACK Planning Commission Secretary