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HomeMy WebLinkAboutORD 1242 (2001)]0 !2 13 14 15 16 l? 1,9 2o 22 23 24 25 26 2? 28 29 INTERIM ORDINANCE NO. 1242 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TUSTIN, CALIFORNIA, EXTENDING INTERIM ORDINANCE NO. 1241, AMENDING PARAGRAPH (g) OF SUBSECTION (a)(1) OF SECTION 9233 OF, AMENDING PARAGRAPH (y) 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: k. The City Council of the City of Tustin made the requisite findings required under law and lawfully adopted Interim Ordinance No. 1241 on July 2, 2002 pursuant to Government Code Section 65858(a). Interim Ordinance No. 1241 tOok effect immediately upon passage by a 4/5ths vote of the City Council and will expire and be of no .further force and effect at 12:00 am on August 16, 2001, unless otherwise extended as provided under law. The provisions of Ordinance No. 1241 are incorporated as a part of this ordinance. B The Council has received a staff report and a written report describing the needs for extending Interim Ordinance No. 1241. C. It is the desire of the City Council to extend Interim Ordinance No. 1241 in order to provide, staff adequate time to prepare the appropriate studies and reports and to allow appropriate public input and participation in the formulation of a permanent approach to the regulation of office uses in the City's C-2 Central Commercial Zoning District. U. The City Council duly called, noticed, and held a public hearing on the extension of interim zoning regulations set forth in Interim Ordinance No. 1241 on August 6, 2001, and continued the item to August 13,2001. THE COUNCIL OF THE CITY OF TUSTIN ORDAINS' Section 1. Interim Ordinance No. 1241 is hereby extended in the manner required under law and shall expire and be of no further force and effect at 12'00 am on June 28, 2002, unless otherwise extended as provided under law. Section 2. 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 ]0 12 !4 l? 18 19 20 2! 22 23 24 25- 26 22 Ordinance No. 1242 Page 2 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 3. Paragraph (y) of Subsection (c) of Section 9233 of the Tustin Municipal Code is amended to read' (Y): Professional and general offices. 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 professional or general office use. Section 4. 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: (1) Where a conditional use permit is required for professional, and general offices, if greater than fifty (50) percent of the total floor area, 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 standards 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 5. This Interim Urgency Ordinance, extending the provisions of Interim Ordinance No. 1241, was adopted by a four-fifths (4/5) vote of the City Council and became effective immediately upon adoption. 10 12 14 16 17 18 19 20 2l 22 23 24 25 26 27 28 29 Ordinance No. 1242 Page 3 PASSED AND ADOPTED by the City Council of the City of Tustin, at a special meeting on the 13th day of August, 2001. PAMELA STOKER City Clerk STATE OF CALIFORNIA ) COUNTY OF O~NGE ) CITY OF TUSTIN ) SS CERTIFICATION FOR ORDINANCE NO. 1242 PAMELA STOKER, City Clerk and ex-officio Clerk of the City Council of the City.of Tustin, California, does heroby 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. 1242 was duly adopted at a regular meeting of the Tustin City Council, held on the 13th day of August, 2001. COUNCILMEMBERAYES: Worley, Thomas, Bone, Doyle, Kawashima COUNCILMEMBER NOES: None COUNCILMEMBER ABSTAINED: :~o~ COUNCILMEMBER ABSENT: None PAMELA STOKER City Clerk -- ' ii i ii ..... J_L___._L. .... LLI I . ,, ,