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Home My WebLink AboutORD 1251 (2002)ORDINANCE NO. 1251 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TUSTIN, CALIFORNIA, AMENDING SECTIONS 9233(a)(1)(g), 9233c(y), 9233c(ff), 9233(e), AND 9252j3(c) OF THE TUSTIN CITY CODE RELATED TO OFFICE USES WITHIN THE CENTRAL COMMERCIAL (C-2) ZONING DISTRICT AND THE CULTURAL RESOURCES OVERLAY DISTRICT The City Council of the City of Tustin does hereby ordain as follows: Section 1. FINDINGS The City Council of the City of Tustin finds and determines as follows; A. Subsections 9233(a)(1)(g), 9233c(y), 9233c(ff), 9233(e), and 9252j3(c) of the Tustin City Code are not sufficient to provide clear guidance regarding the establishment of office uses within the Central Commercial (C-2) zoning district and the Cultural Resources Overlay District. B. Section 65850 of the Government Code allows the City to adopt ordinances that regulate the use of buildings, structures, and land; the intensity of land use; and off-street parking and loading. C. There have been inquiries regarding constructing and locating office uses within areas where retail commercial uses are desired and approval of additional office uses would adversely deter, discourage, and prevent implementation of such retail commercial uses and thereby adversely affect the public health, safety, or welfare of the City. In addition, the establishment of offices would detract from the retail commercial nature of such areas and undermine the implementation of the land use policy established and articulated by the Tustin General Plan, as follows: Land Use Policy 1.2: Provide for and encourage the development of neighborhood serving commercial uses in areas of Tustin presently underserved by such uses. Encourage the integration of retail or service commercial uses on the street level of office projects. Land Use Element Implementation Measure 1: Revisions to the Zoning Ordinance shall include, but not be limited to, Ordinance No. 1251 Page 2 provision of incentives to encourage integration of retail uses on the street level of office projects. D. This Code Amendment is necessary to protect the citizens of Tustin and the community vision for the City by providing permanent regulations for office uses within Central Commercial District and the Cultural Resources Overlay District. E. The purpose of this Code Amendment is to restrict and regulate the construction and occupancy of new professional and general office uses in the Central Commercial District and the Cultural Resources Overlay District, including changes of use of any existing building or structure to a professional or general office use, to ensure that professional and general office uses will be compatible with, enhance, and complement retail commercial uses in the Central Commercial District and the Cultural Resources Overlay District. F. The Planning Commission, at a public hearing that was duly noticed, called, and held on Code Amendment 02-002 on April. 22, 2002, approved Resolution Nos. 3828 and 3829 recommending that the City Council adopt the Negative Declaration and Code Amendment 02-002. G. A public hearing was duly called, noticed, and held on Code Amendment 02-002 on May 6, 2002, by the City Council. H. A Final Negative Declaration has been adopted by the City Council finding that there will not be a significant effect on the environment as a result of adopting Code Amendment 02-002. &e,.ctJa.[L2. follows: Section 2: Article 9 of the Tustin City Code is hereby amended to read as follows: Paragraph (g) of Subsection (a)(1) of Section 9233 of the Tustin Municipal Code is amended to read: (g) Professional and general offices where less than fifty (50) percent of the total floor area, if located on any floor above the ground floor of a building, will be occupied by a professional or general office use. Ordinance No. 1251 Page 3 Paragraph (y) of Subsection (c) of Section 9233 of the Tustin Municipal Code is amended to read: (Y) Professional and general offices. Construction of new building or occupancy of an existing building where greater than fifty (50) percent of the total floor area, or any portion of the ground floor area of a building, will be occupied by a professional or general office use. Paragraph (ff) of Subsection (c) of Section 9233 of the Tustin Municipal Code is deleted. Paragraphs (1) and (2) of Subsection (e) of Section 9233 of the Tustin Municipal Code are amended to read: (e) Office Use Criteria: (1) When a conditional use permit is required for professional and general offices, where any portion of the ground floor area or greater than fifty (50) percent of the total floor area will be occupied by professional or general office uses, findings, in addition to those findings required to be made prior to approval of a conditional use permit pursuant to Section 9291 of the Tustin City Code, shall be made. Findings shall include supporting documentation and evidence prior to the approval of a conditional use permit stating 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) Office uses authorized on any portion of the ground floor of a building pursuant to the use criteria in this subsection shall conform with the parking standards for retail commercial uses for the first floor area of the building, unless other standards are applicable to any portion of the property pursuant to the Cultural Resources Overlay District. Ordinance No. 1251 Page 4 Paragraph 3(c) of Subsection j of Section 9252 of the Tustin Municipal Code are amended to read: (c) Authorized and encouraged uses. The following uses are authorized and encouraged with the interest of creating a commercial village atmosphere: Pipe and tobacco shops Wine tasting rooms Leather goods Candle shops Boutiques Coffee shops Ethnic restaurants (Spanish, Mexican, French, German, etc.) Hobby shops Photographer's studios China and crystal Lamp shops Yardage goods Knit shops Ice cream shops Jewelry shops Wrought iron ware Art galleries General Offices (if located on any floor above the ground floor and if less than 50 percent of total area are occupied by general offices, consistent with Section 9233a(1 )(g) Delicatessens Antiques shops Gift shops The above list of potential uses is not all encompassing but typifies the character of uses that illustrate the desired image. Section 3. SEVERABILITY All of the provisions of this ordinance shall be construed together to accomplish the purpose of these regulations. If any provision of this part is held by a court to be invalid or unconstitutional, such invalidity or unconstitutionality shall apply only to the particular facts, or if a provision is declared to be invalid or unconstitutional as applied to all facts, all of the remaining provisions of this ordinance shall continue to be fully effective. Ordinance No. 1251 Page 5 PASSED AND ADOPTED by the City Council of the City of Tustin, at a regular meeting on the 20th day of May, 2002. J ~..F'F~I~¥ M//T'HOMAS Mayor PAMELA STOKER City Clerk STATE OF CALIFORNIA ) COUNTY OF ORANGE ) CITY OF TUSTIN ) SS CERTIFICATION FOR ORDINANCE NO. 1251 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. 1251 was duly and regularly introduced at a regular meeting of the Tustin City Council, held on the 6th day of May, 2002 and was given its second reading, passed, and adopted at a regular meeting of the City Council held on the 20th day of May, 2002 by the following vote: COUNCILMEMBERAYES: Thomas, Worley, Bone, Doyle, Kawashima COUNCILMEMBER NOES: None COUNCILMEMBER ABSTAINED: None COUNCILMEMBER ABSENT: None City Clerk AFFIDAVIT OF POSTING STATE OF CALIFORNIA) COUNTY OF ORANGE) CITY OF TUSTIN) I, Beverley White, Chief Deputy City Clerk of the City of Tustin, hereby certify, under penalty of perjury, that I caused the posting of Ordinance No. 1251 in the public notice display case in front of the Council Chamber, 300 Centennial Way, Tustin, the public bulletin board at the Tustin Area Senior Center, 200 S. "C" Street, the public display case at Columbus Tustin Gym, 17522 Beneta Way, Tustin, and the public display case at the Tustin Library, 345 E. Main Street, Tustin. Beverley White, Chief Deputy City Clerk DATE: 5-21-02