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HomeMy WebLinkAboutORD 1317 (2006) 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. A. The City Council finds and determines as follows: 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. E. That on September 5,2006, a public hearing was duly noticed, called, and held on Code Amendment 06-004 by the City Council. F. 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). G. That the proposed code amendments are reasonably necessary to protect the health, safety, and welfare of the citizens of the City of Tustin. H That the proposed amendments are consistent with the Tustin General Plan in that they comply with the following goals and policies: Land Use Element Goal 2: Ensure that future land use decisions are the result of sound and comprehensive planning. Ordinance No. 1317 Page 1 of 4 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: (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, Ordinance No. 1317 Page 2 of 4 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. 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 Ordinance No. 1317 Page 3 of 4 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 18th day of September, 2006. PAM STOKER City Clerk STATE OF CALIFORNIA ) COUNTY OF ORANGE ) SS CITY OF TUSTIN ) 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 day of September, 2006 by the following vote: COUNCILMEMBER AYES: Davert, Hagen, Amante, Bone (4) COUNCILMEMBER NOES: None (0) COUNCILMEMBER ABSTAINED: None (0) COUNCILMEMBER ABSENT: Kawashima (1) PAMELA STOKER CITY CLERK Ordinance No. 1317 Page 4 of 4