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HomeMy WebLinkAboutORD 0896 (1983) ,-~ --~ ORDINANCE NO. 896 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TUSTIN, 1 CALIFORNIA, AMENDING VARIOUS SECTIONS OF THE TUSTIN CITY CODE BY REQUIRING A CONDITIONAL USE PERMIT FOR 2 LIQUOR STORES, HOTELS AND MOTELS, BOWLING ALLEYS AND CONSTRUCTION OF PROFESSIONAL OR GENERAL OFFICE 3 BUILDINGS 4 The City Council of the City of Tustin does hereby ordain as fol 1 ows: 5 I. Section 9232 "RETAIL COMMERCIAL DISTRICT (C-1)" of 6 the Tustin City Code, sub-paragraph "a Permitted Uses" introductory statement is hereby amended to 7 read as fol 1 ows: 8 a Permitted Uses 9 The following uses, or unlisted uses which, in the opinion of the Planning Commission, are resolved to 10 be similar, will only be allowed in those Retail. Commercial Di strict bui 1 di ngs speci fi cal ly approved 11 for occupancy by the respective land use category. 12 II. Section 9232a "Permitted Uses" of the Tustin City Code, is hereby amended to delete the following uses: · 1. (s) Liquor Stores (including "on sales") 14 1. (e) Bowling Alley 2. ( j ) Hotel s and Motel s 15 III. Section 9232b "Conditionally Permitted Uses" of the 16 Tustin City Code, is hereby amended to include the fol 1 owing: 17 (p) Liquor Stores (including "on sales") 18 (q) Bowling Alleys (r) Hotel s and Motel s 19 (s) Development or construction of new building structures where more than fifty percent (50%} 20 of the total floor area, or any portion of the ground floor area is designated for occupancy by 21 Professional or General Offices. 22 IV. Section 9232 "RETAIL COMMERCIAL DISTRICT (C-1)" of the Tustin City Code, is hereby amended to include 23 the fol 1 owing: 2~ d Use Criteria - Office Development 25 1. Office developments within the Retail Commercial District {C-1) shall be constructed 26 to conform with the parking standards for retail commercial uses on the first floor' area 27 of the building unless othenvise specifically exempted pursuant to the approved conditional 28 use perlnit. Ordinance No. 8v6 2 Page 2 2. Findings, including, but not limited to the 2 foll6wing, shall be made by the Planning Commission prior to approving a conditional use 3 permit for construction of a building where greater than fifty percent (501;) of the total I floor area, or any portion of the ground floor area is designated for occupancy by 5 Professional or {;eneral offices: · 6 a. Development or construction of professional or general office bui 1 dings would be more 7 compatible with surrounding uses in the area than permitted retail commercial uses on the 8 subject property. 9 3. Development or construction of buildings restricted to a mixture of uses in which the 10 retail commercial floor area exceeds~ fifty percent (501;) of the total floor area is exempt 11 from. Office Development Use Criteria. 12 V. Section 9233a "Permitted Uses" of the Tustin City Code, introductory statement is hereby amended to 13 read as follows: li a Permitted Uses 15 The following uses, or unlisted uses which, in the opinion of the Planning Commission, are resolved to 16 be similar, will only be allowed in the Central Commercial Di strict. VI. Section 9233a "Permitted Uses" of the Tustin 18 City Code, is hereby amended to replace in .their entirety sub-sections (1) and (2) Permitted Uses, 19 with the following: 20 1. All uses allowed in the C-1 District, subject to the development and use criteria specified in 21 Section 9232. 22 VII. Section 9233c "Conditionally Permitted Uses" of the Tustin City Code is hereby amended to include the 23 fol 1 owing: 21 (v) Liquor Stores (including "on sales") (w) Bowling Alleys 25 (x) Hotel s and Motel s (y) Development or' construction of new building 26 structures were more than fifty percent (501). of the total floor area, or any portion of the 27 ground floor area is designated for occupancy by Professional or General offices. 28 .~-~ Ordinance No. Page 3 ] VIII. Section 9233 "CENTRAL COMMERCIAL DISTRICT (C-2)" of 2 the Tustin City Code is hereby amended to include the fol 1 owl ng: 3 e Use Criteria - Office Development I 1. Office developments within the Central 5 Commercial District (C-2) shall be constructed to conform with the parking standards for 6 retail commercial uses on the first floor area of the building unless otherwise specifically exempted pursuant to the approved conditional ? use permit. 8 2. Findings, including but not limited to the 9s following, shall be made by the Planning Commission prior to approving a conditional use 10 permit for construction of a building where greater than fifty percent (50%) of the total 11 floor area, or any portion of the ground floor area is designated for' occupancy by 12 Professional or General offices: 13 a Development or construction of professional or general office buildings would be more compatible with surrounding uses in the area li than permitted retail commercial uses on the 15 subject property. 16 3. Development or construction of buildings restricted to a mixture of uses in which the 12 retail commercial floor area exceeds fifty percent (50%) of the total floor area is exempt' ]8 from Office Development use criteria. 10 IX. Section 9235b "Permitted Uses" introductory statement of the Tustin City Code, is hereby amended to read as 20 fol 1 ows: 21 b Permitted Uses 22 The following uses, or unlisted uses which, in the opinion of the Planning Commission, are resolved to 23 be similar, will only be allowed in the Commercial General District. X. Section 9235b, "Permitted Uses" of the Tustin City 25 Code, sub-section 1, is hereby amended to read as fol 1 ows: 26 1. Any use authorized in the Central Commercial 27 District (C-2) unless otherwise listed as a conditionally permitted use in this Commercial 28 General (CG) District. Ordinance No. L.~ Page 4 XI. Section 9235b "Permitted Uses" of the Tustin City 2 Code, is'hereby amended to delete the following uses: 3 2. Liquor Stores (including "on 'sales") 4 XII. Section 9235c "Conditionally Permitted Uses" of the Tustin City Code, is hereby amended to include the 5 fol ! owing: 6 (dd) Liquor Stores (include "on sales") (ee) Development or construction of new building structures where more than fifty percent (50%) 7 of the total floor area is designated for 8 occupancy by Professional or General offices. 9 XIII. Section 9235 "COMMERCIAL GENERAL DISTRICT {CG)" 'of the Tustin City Code is hereby amended to include the 10 fol 1 owing: 11 g Use Criteria - Office Development 12 1. Office developments within the Commercial General DistriCt (CG) shall conform to retail 13 commercial use parking standards for the first floor area unless otherwise specifically exempted pursuant to the appro.ved conditional 1i use permit. 15 2. Findings, including but not limited to the ]6 following, shall be made by the Planning Commission prior to approvng a conditional use 17 permit for construction of a building where greater than fifty percent (50%) of the total 18 floor area, or any portion of the ground floor area is designated for occupancy by office 19 uses. 20 a. Development or construction of professional or' general office bui 1 di rigs would be more 21 compatible with the surrounding uses in the area than permitted retai 1 commercial uses 22 on the subject property. 23 3. Development or construction of buildings restricted to a mixture of uses in which the 2t: retail commercial floor area exceeds fifty percent (50%) of the total building floor area are exempt from Office Development Use 25 Cri teri a. 26 27 28 Ordinance No. , Page 5- 1 XIV. Section 9242 "a Permitted UseS" and "b Conditionally Permitted Uses" of the Tustin City Code are hereby 2 amended in their entirety to read as follows: 3 a Permitted Uses i The following uses, or unlisted uses which, in the opinion of the Planning Commission, are resolved to 5 be similar will only be allowed in the Industrial District (M). (a) All uses permitted in the PM District. 7 (b) Light industrial, research and development, and manufacturing uses which do not maintain greater 8 than fifty percent (50%) of their gross floor area for office purposes. 9 (c) Public utility uses, excepting the storage of fl ammable fuel products. 10 b Conditionally Permitted Uses The following uses are subject to a use permit: 12 (a) residential uses for caretakers in conjunction 13 with permitted uses. '(b) bui 1 di ng material -yards. ]l (c) manufacturing uses which, in the opinion of the Planning Commission, may be objectionable by 15 reason of producing offensive odor, dust, noise, bright lights, vibration, or involving the 16 storage or handling of explosive or dnagerous materials, subject to compliance with 17 performance standards of the Air Pollution' Control Board. 18 (d) retail commercial uses. (e) restaurants. 19 (f) uses which maintain greater than fifty percent (50%) of their gross floor area for office 20 purposes. 21 XV. Section 9242e "Procedures" of the Tustin City Code, sub-section (1)" is hereby amended to read as 22 fol 1 ows: 23 1. Any application for a zone change to permit the establishment of a P-C District shall be made 2~: pursuant to Section 9295 of this chapter and be accompanied by a Development Plan for the entire 25 parcel which is the subject of the application. Said development plan shall be Ordinance No. L Page 6 1_ subject to the processing of a conditional use permit if included within the plan are areas 2 designated for professional or general offices. Prior to approving a conditional use permit for 3 construction of a building designated for office usage, the Planning Commission shall make I findings, including but not limited to the fol 1 owl ng: 5 (a) Development or construction of professional . · 6 or general office buildings would be more- ' compatible with surrounding uses in the area 7 than retail commercial uses on the subject property. 8 PASSED AND ADOPTED at a regular meeting of the City. Council, 9 City of Tustin held on the. 21st day of November , 1983. 10 12 Ronald B. Hoestery, May~r ATTEST: 15 17 ]8 20 22 23 2~ 25 27 28 STATE OF CALIFORNIA ) COUNTY OF ORANGE ) CITY OF TUSTIN ) MARY E. WYNN, 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 five; that the above and foregoing Ordinance No. 896 was duly and regularly introduced and read at an adjourned regular meetin~ the City Council held on the 7th day of November, 1983, and was given its second reading and duly passed and adop"~iFed at a regular meeting held on the 21st day of November, 1983, by the following vote: AYES : COUNCILPERSONS: Edgar, Hoesterey, Kennedy~' Sal tarel 1 i NOES : COUNCILPERSONS: Grei nke ABSENT: COUNCILPERSONS: None MARY ~ E i PUBLISHED SUMMARIES IN TUSTIN NEWS: November 17, 1983 December 1, 1983