HomeMy WebLinkAbout03 CODE AMEND 06-004: OFFICE USE PROVISION 09-05-06AGENDA REPORT
MEETING DATE: SEPTEMBER 5, 2006
TO: WILLIAM HUSTON, CITY MANAGER
FROM: COMMUNITY DEVELOPMENT DEPARTMENT
SUBJECT: CODE AMENDMENT 06-004 (OFFICE USE PROVISION)
SUMMARY
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 and
provide criteria for approving office uses when fronting onto Main Street and EI Camino
Real. On August 14, 2006, the Planning Commission considered Code Amendment 06-
004 and adopted Resolution No. 4032 recommending that the City Council approve
Code Amendment 06-004.
Applicant: City of Tustin Community Development Department
RECOMMENDATION
That the City Council conduct a public hearing; introduce and have the first reading of
Ordinance No. 1317 approving Code Amendment 06-004; and, set for second reading at
the Council's next scheduled meeting.
FISCAL IMPACT
Code Amendment 06-004 is a City-initiated project. Costs associated with
implementation and administration of the requirements of the ordinance would be
recovered through application fees identified in the general fee schedule in Resolution
No. 06-85 adopted on July 17, 2006.
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.
City Council Report
CA 06-004
Page 2
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. On August 14, 2006,
the Planning Commission considered the proposed Code Amendment 06-004 and
adopted Resolution 4032 recommending that the City Council approve Code Amendment
06-004.
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:
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.
City Council Report
CA 06-004
Page 3 of 4
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
Approving Authority
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 EI
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.
City Council Report
CA 06-004
Page 4 of 4
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 City Council introduce and have the first reading of Ordinance No.
1317 approving Code Amendment 06-004.
Justina Wlllkom
Senior Planner
Elizabeth A. Binsack
Community Development Director
Attachments:
A. Ordinance No. 1317
B. Planning Commission Resolution No. 4032
$\CddICCREPORT\CA 00-004 (C-2 Office Provision).doc
ATTACHMENT A
Ordinance No. 1317
ORDINANCE NO. 1317
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
TUSTIN, CALIFORNIA, APPROVING CODE AMENDMENT
06-004 AMENDING THE TUSTIN CITY CODE RELATING
TO OFFICE USE PROVISIONS WITHIN COMMERCIAL
DISTRICTS.
The City Council of the City of Tustin does hereby ordain as follows:
Section I.
The City Council 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, the Planning Commission held a public
hearing and the Planning Commission recommended that the City
Council approve Code Amendment 06-004.
F. That on September 5, 2006, a public hearing was duly noticed,
called, and held on Code Amendment 06-004 by the City Council.
G. 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).
H. That the proposed code amendments are reasonably necessary to
protect the health, safety, and welfare of the citizens of the City of
Tustin.
I. That the proposed amendments are consistent with the Tustin
General Plan in that they comply with the following goals and
policies:
Ordinance No. 1317
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.
Section II. Article 9 of the Tustin City Code is hereby amended to read 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.
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.
Section 9233.a(g) is hereby amended as follows:
(g) Professional and general offices not fronting onto Main Street or EI
Camino Real or located outside the Old Town Commercial General
Plan land use designation.
Section 9233.c(y) is hereby amended as follows:
(y) Professional and general offices fronting onto Main Street or EI
Camino Real and located within the Old Town Commercial General
Plan land use designation, subject to the use criteria for office
development provided herein:
Ordinance No. 1317
Page 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:
a. 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.
b. 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.
c. 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.
d. The proposed use is to be located in a multi-tenant retail
center and is ancillary but complementary to the remaining
mixed uses with respect to type of use, hours of operation,
convenience, and parking demand.
e. The proposed use is determined to be beneficial,
complementary, and compatible with surrounding
neighborhood and nearby retail establishments.
Section 9233.e is hereby deleted.
Section 9299.b(3)(k) is hereby added as follows:
(k) Professional and general offices fronting onto Main Street and EI
Camino Real and located within the Old Town Commercial General
land use designation.
Ordinance No. 1317
Page 4
Section III. If any section, subsection, sentence, clause, phrase, or portion of this
ordinance is for any reason determined to 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 anyone or more sections,
subsections, sentences, clauses, phrases, or portions be declared invalid or
unconstitutional.
PASSED AND ADOPTED by the City Council of the City of Tustin, at a regular meeting
on the 5th day of September, 2006.
DOUG DAVERT
Mayor
PAMELA STOKER
City Clerk
STATE OF CALIFORNIA )
COUNTY OF ORANGE) SS
CITY OF TUSTIN )
CERTIFICATION FOR ORDINANCE NO. 1317
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 Ordinance No. 1317 was duly and
regularly introduced at a regular meeting of the Tustin City Council, held on the 5th day of
September, 2006 and was given its second reading, passed, and adopted at a regular
meeting of the City Council held on the 18th of September, 2006 by the following vote:
COUNCILMEMBER AYES:
COUNCILMEMBER NOES:
COUNCILMEMBER ABSTAINED:
COUNCILMEMBER ABSENT:
PAMELA STOKER
City Clerk
ATTACHMENT B
Planning Commission 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 iJse 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
Communitv 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) BblsiAess ssheels
9232.a.2(k) IRtsrisr E1eseFater
9232.a.2(1) Je~ IlriRtiR~
9232.a.2(s) TelepheAe aRsv:eriR~ servise
9232.a.2(u) TYlliR~ BREI aElElI'(lSSiR~ ssp/ise
Section 9233.a is hereby amended as follows:
a. Pemnitted Uses
The following uses, or unlisted uses which, in the opinion of the
Communitv 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(9) 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. ",.'!:Iara las8 IRaR tift}' (1i9) !'larGaRt ef tile
tatal fleer area. if leGated SA aRY fleer al;)(;).19 tt;:ae grsbfReI fleer sf a
b~i1eiiRg, will be sSGl;Ipiaef by a FJF&fessieAal Sf geReFaI anise '=160.
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. subject to the use criteria for office
development provided herein: CeRslFUGtlen et new BllilEliR!:l er
eGGIl!'laREry' et an existiRg tallilEliRg where greater t!:lan fifty (1i9)
I3srssnt of tAB tetal fleor area, ar BRY peFtien at tt:1e grsldFlEl fleer
area ef a tallilEling. 'I.'i11 tae essll!'lieEl By a !'lrefessienal er general
aUise 1l8E1.
(1) Wl:1ere Professional and aeneral offices proposed at the
around floor level or that are areater than fjftv (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
vicinitv than a retail commercial use on the subiect propertv
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 anv Tustin Communitv
Redevelopment Aaencv Proiect Area Redevelopment Plan
than a retail commercial use on the subiect propertv.
(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
oriainallv 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
modifv or alter to accommodate retail establishments.
Exhibit A
Resolution No. 4032
CA 06-004
Page 4
c. The orooosed use is to be located in an existina buildina
reauirina sionificant reconstruction that is not
economicallv feasible or oractical to accommodate retail
establishments.
d. The orooosed use is to be located in a multi-tenant retail
center and is ancillarv but comolementarv to the
remainina mixed uses with resoect to tvoe of use. hours
of ooeration. convenience. and oarkina demand.
e. The orooosed use is determined to be beneficial.
comolementarv. and comoatible with surroundina
neiahborhood and nearbv retail establishments.
Section 9233.e is hereby deleted as follows:
e Use Criteria Offise Development
(1) 'NRere a seAditieAal Ilse permit is FeEfllireEl fer professieAal
aAd geAaral aftises, '''''AeFe aAY perlleR ef IAe gFOIlAd floor
area or greater tAaA fifty (60) perseRt af l/:le latal tleer area
will be essl,lpied tly professiaRal er geReral eftise Ilses,
tirldings, in aElElitieR te t/:lese tin dings Fatlllired te tie made
priQr Is apprs'JaI af a S9RSitiaRal 1;168 per:mit pyrSlolIaAt ts
Section g~g1 ef tile Tllstin City CeEle, sl:1all tie made.
FiAsiAgS shall iAslllde sllppsrliAg desllmeRtalieR ami
evideRce prior te tile appreval at a seAsitieRal Ilse permit
alaliA€) tl:1at SA eJfiee \:Jee \..~uld be ffieF8 eempatil3le \a:itt-l tho
oxistiAg aRe plaAR9G1 yses iR tRe visiAily 'haR a Fetail
sommeFGial Ilse eA tRe sllBjest pFep8rly aAd IRat an effise
Ilse wellls lae mere beRefisial iA implall'leAtiA@ applisalale
laru:j l.1ISB palisies 6YSt-l as tRB "T~Etjn GeAoral PlaA, Tl:lIstin
City Code, aAEI aAY Tl,Jstin Cell'lmllAity Resevelepment
I\geAGy PrejeGt Area Rede'/elepmeAt PlaA tllaA a Felail
commarsiallolS9 SA tRs sblbjest prsp9r=ly.
(2) Office Ilses alllAeFizeEl eA SAy peFtieR sf t/:le grellAs fleer ef a
lallildiAg pllFsllant te tRe Ilse sriteFia in this sllbseetieA sRall
senferR'l "...ilA tl:1e parking etaAElaFEls fer retail semmersial
Ilses fer tAe tirst floer aFea sf tAe tlllilsing, Ilnless ether
stansarEls ar.e applicable Ie aRY perlien ef tl:1e PFQperty
pl,lrSllant te tt-le Cllllllral Resellrses Overlay (;;Iislrist.
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.
ELIZABETH BINSACK
Planning Commission Secretary
fw!ltfZ
U/!;'
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 adoJ;lted at a regular meeting of the Tustin Planning
Commission, held on the 14 day of August, 2006.
ELIZABETH BINSACK
Planning Commission Secretary