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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