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Home My WebLink AboutORD 1241 (2001)ORDINANCE NO. 1241 AN INTERIM ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TUSTIN, CALIFORNIA, AMENDING PARAGRAPH (g) OF SUBSECTION (a)(1) OF SECTION 9233 OF, ADDING PARAGRAPH (fi) TO SUBSECTION (c) OF SECTION 9233 .OF, AND AMENDING PARAGRAPHS (1), (2), AND (3) OF SUBSECTION (e) OF SECTION 9233, OF THE TUSTIN CITY CODE, RELATING TO THE REGULATION OF OFFICE USES WITHIN THE CENTRAL COMMERCIAL (C-2) ZONING DISTRICT AND PROVIDING' THAT THIS INTERIM ORDINANCE TAKE EFFECT IMMEDIATELY AS AN URGENCY MEASURE TO PROTECT THE PUBLIC HEALTH, SAFETY, AND WELFARE. The City Council. of the City of Tustin finds and. determines as follows: A~ Subsections 9233(a)(1)(g), 9233(c)(ff) and 9233(e) of the Tustin City Code do not provide sufficient clarity to provide clear guidance regarding the establishment of office uses within the Central Commercial (C-2) zoning district. The lack of clarify presents a current and immediate threat to the public health, safety, and welfare in that office uses could proliferate without proper findings and entitlements granted by the Planning Commission which would undermine the land· use policy established and articulated by' the Tustin City Code and Tustin General Plan. B, There have been inquiries regarding cons~cting and locating office uses within areas where retail commercial uses are desired and approval of additional office uses would adversely deter, discourage, and prevent imp, lementation of such retail commercial uses and thereby adversely affecting 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 City Code and Tustin General Plan C,, The Community Development Department is undertaking a study for the purpose of devising a comprehensive regulatory approach to the installation, establishment, and maintenance of. professional and general office uses within the Central Commercial. District ar~. the effects of such office uses on retail commercial uses. This interim ordinance creates consistency between the provisions of the Central. Commercial, zoning district and the Cultural Resources Overlay District by regul:ating the establishment of new office uses during this interim period. Do This Interim Ordinance is necessary to-protect the citizens of Tustin and the community vision for the City by providing interim regulations for office uses within commercial districts while permanent regulations are being developed. A comprehensive regulatory approach is. necessary to ensure compatibility between office uses and retail commerdal uses in the Central Commercial Ordinance No. 1241 Page 2 District. Without such a comprehensive plan, the Central Commercial District could quickly deteriorate with detrimental consequences to social, environmental, and economic values. It is the desire of the City Council that a comprehensive regulatOry program be developed in conjunction with the procedural requirements of the Tus-tin Municipal Code and reviewed and considered by affected property owners, businesses,, the Planning Commission, and the City Council prior to implementation. Fe The proposed amendment is consistent with the following General Plan Land Use Element Implementation Measure: Go Land Use Element Implementation Measure 1' Revisions to the Zoning Ordinance shall include, but not be limited to, provision of incentives to encourage integration of retail uses on the street level of office projects. The purpose of this interim ordinance is to temporarily restrict and regulate the installation and establishment of new professional and general office uses in the Central Commercial District, including changes of use of any existing building or structure to a professional or general office use during this interim period until a comprehensive regulatory program establishing appropriate and sufficient criteria can be devised to ensure that professional and general office uses will be compatible with, enhance, and complement retail commercial uses in the Central Commercial District. Section 1. Paragraph (g) of Subsection (a)(1) of Section 9233 of the Municipal Code is amended to read: Tustin (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. Section 2. Paragraph (fi) of Subsection (c) of Section 9233 of the Tustin Municipal Code is added to read: (fO: Professional and general offices. Where greater than fifty (50) percent of the total floor ama, or any portion of. the ground floor area, of a building will be occupied by professional or general office use. Section 3. Paragraphs (1), (2), and (3) of Subsection (e) of Section 9233 of the Tustin Municipal Code are amended to read' (e) Office Use Criteria- Office Development: Where a conditional use permit is required for professional and general offices, if greater than fifty (50) percent of the total floor area, Ordinance No. 1241 Page 3 or any portion of the ground floor area, will be oCCupied by professional or .general office use, 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 with 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 Plan than a commercial retail 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 standard are applicable to any portion of the property within a Combining Parking District or the Cultural Resources ~Overlay District, or unless otherwise specifically exempted from this requirement in conjunction with the conditional use permit approval process." section 4. in accordance with the goals, objectives, Policies, and programs of the City's ad°pted plans and policies, the City Council authorizes the Community Development Department to prepare a comprehensive regulatory program, including implementing guidelines and review criteria, 'to assist the City in the review or proposals to install, develop, create, or. commence professional and general office uses in the Central' Commercial District of the City Section5. This ordinance is an Interim Ordinance, enacted pursuant to Government Code Section 65858(a). This ordinance shall take effect immediately upon passage by a 4/5tbs vote of the City Council' and shall expire and be of no further force and effect at 12:00 am on August 16, 2001, unless otherwise extended as provided under law. Section 6. All of the provisions of this urgency ordinance shall be construed together in order to accomplish the purpose of' these regulations. If any Section, subsection, sentence, clause, phrase, or portion of this Interim Urgency Ordinance is for any reason held out 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 any one or more sections, subsections, sentences, clauses, phCases, or portions be declared invalid or unconstitutional. ' Ordinance No. 1241 Page 4 PASSED AND ADOPTED by the City Council of the City of Tustin, a.t a regular meeting on the 2nd day of July, 2001. AMELA STOKER ity Clerk / TRACY WIL~.S WORLEY Mayor STATE OF CALIFORNIA ) COUNTY OF ORANGE ) .CITY OF TUSTIN ) SS CERTIFICATION FOR ORDINANCE NO. 1241 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 Interim Urgency · Ordinance No. 1241 was duly adopted"' at a regular meeting of the Tu. stin City Council, held on the 2nd day of July, 2001. COUNCILMEMBERAYES' Worley, Bone, Doyle, Kawashima CO.U.,NCILMEMBER NOES: . None C~UNCILMEMBER A,I~_~d~ED: ~one COt/NCILMEM~BER ABS~:NTt Thomas PAMELA STOKER City Clerk ,.,/