HomeMy WebLinkAboutORD 1346 (2008)ORDINANCE NO. 1346
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
TUSTIN, CALIFORNIA, ADOPTING ZONE CHANGE 07-002
AMENDING THE ZONING MAP OF THE CITY OF TUSTIN
TO REZONE THE PROPERTY LOCATED AT 13841 RED
HILL AVENUE FROM PUBLIC AND INSTITUTIONAL (P&I)
TO CENTRAL COMMERCIAL (C-2) ZONING DISTRICT TO
ACCOMMODATE THE CONSTRUCTION OF AN ASSISTED
LIVING/CONGREGATE CARE FACILITY AGE
RESTRICTED TO 62 YEARS OR OLDER
The City Council of the City of Tustin does hereby ordain as follows:
Section 1. FINDINGS
The City Council finds and determines as follows:
A. That a proper application has been submitted by American Senior Living
Development, LLC to change zoning designation from Public and
Institutional (P&I) to Central Commercial (C-2) to accommodate the
construction of an age-restricted (62 years or older) assisted
living/congregate care facility at 13841 Red Hill Avenue;
B. That a public hearing was duly called, noticed, and held on said application
on November 13, 2007, by the Planning Commission. The Planning
Commission adopted Resolution No. 4073 recommending that the City
Council approves Zone Change 07-002.
C. That a public hearing was duly called, noticed, and held on said application
on December 4, 2007, by the City Council.
D. That the proposed amendment to the zoning district is in the best interest of
the public in that it provides for the construction of a new senior facility that
is age restricted to persons that are 62 years or older.
E. That the proposed zone change is consistent with General Plan
Amendment 07-001 and the policies of the General Plan, as evidenced by
the following findings:
(a) The proposed zone change to Central Commercial District is
consistent with the General Plan Amendment 07-001.
(b) The project site is bounded by areas zoned Retail Commercial (C-1)
and Central Commercial (C-2) districts to the east across Red Hill
Avenue, Central Commercial (C-2) district to the south, Public and
Institutional (P&I) district to the west, and Multiple Family Residential
(R-3, 2200) and Retail Commercial districts to the north. The zone
change to Central Commercial (C-2) district would be compatible
with the surrounding zoning districts.
(c) The location of the proposed project desired by the community to
allow for improvements in the area.
D. That an Initial Study was prepared to evaluate the potential environmental
impacts associated with General Plan Amendment 07-001 and Zone
Change 07-002 that concluded, with mitigation measures, potential
significant impacts can be reduced to a level of insignificance and a draft
Mitigated Negative Declaration (MND) was prepared;
Section 2. The City Council herby approves Zone Change 07-002 and amends the
Zoning Map of the City of Tustin in accordance with Exhibit A, attached hereto.
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.
PASSED AND ADOPTED at a regular meeting of the Tustin City Council held on
the 2nd day of January, 2008.
JERRY AMANTE,
MAYOR
PAMELA 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. 1346 was duly and
regularly introduced at a regular meeting of the Tustin City Council, held on the 4t" day of
December, 2007, and was given its second reading, passed, and adopted at a regular
meeting of the City Council held on the 2nd day of January, 2008 by the following vote:
COUNCILMEMBER AYES: Amante, Davert, Bone. Kawashima, Palmer (5)
COUNCILMEMBER NOES: None (0)
COUNCILMEMBER ABSTAINED: None (0)
COUNCILMEMBER ABSENT: None (0)
PAMELA STOKER
City Clerk
Exhibit A
Qrdinance No. 1346
Zone Change 07-002
13841 Red Hill Avenue
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