HomeMy WebLinkAbout07 ORD 1370 - 2ND READING 11-03-09Agenda Item 7
' AGENDA REPORT Reviewed: 4~
City Manager ~f! ~~
Finance Director N/A
MEETING DATE: NOVEMBER 3, 2009
TO: WILLIAM HUSTON, CITY MANAGER
FROM: OFFICE OF THE CITY CLERK
SUBJECT: SECOND READING OF ORDINANCE NO. 1370 - AN AMENDMENT TO THE
JAMBOREE PLAZA PLANNED COMMUNITY
SUMMARY:
On October 20, 2009, the City Council held a public hearing to evaluate the application for
Code Amendment 09-003 and Design Review 09-004 for the construction of an express
carwash located at 3017 Edinger Avenue. Code Amendment 09-003 is a request to reduce the
building setback along Edinger Avenue from thirty (30) feet to fifteen (15) feet and Design
Review 09-004 is for site design and building architecture review of the proposed carwash.
Proposed Ordinance No. 1370 would approve CA 09-003 and DR 09-004.
RECOMMENDATION:
Have second reading by title only and adoption of Ordinance No. 1370 (roll call vote).
FISCAL IMPACT:
None
BACKGROUND:
On October 20, 2009, the City Council had first reading by title only and introduction of the
following Ordinance:
ORDINANCE NO. 1370 - AN ORDINANCE OF THE CITY COUNCIL OF THE CITY
OF TUSTIN, ADOPTING AN AMENDMENT TO THE JAMBOREE PLAZA PLANNED
COMMUNITY DISTRICT REGULATIONS (CODE AMENDMENT 09-003) TO
REDUCE THE BUILDING SETBACK FROM EDINGER AVENUE FROM THIRTY (30)
FEET TO FIFTEEN (15) FEET.
Kristi Recchia
Interim City Clerk
ATTACHMENT: Ordinance No. 1370
ORDINANCE NO. 1370
AN ORDINANCE OF THE CITY COUNCIL OF THE
CITY OF TUSTIN, ADOPTING AN AMENDMENT TO
THE JAMBOREE PLAZA PLANNED COMMUNITY
DISTRICT REGULATIONS (CODE AMENDMENT
09-003) TO REDUCE THE BUILDING SETBACK
FROM EDINGER AVENUE FROM THIRTY (30)
FEET TO FIFTEEN (15) FEET.
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, Code Amendment 09-003, was filed by
Tustin Field Gas & Food requesting to reduce the building setback
from Edinger Avenue within the Jamboree Plaza Planned
Community District Regulations from thirty (30) feet to fifteen (15)
feet.
B. Code Amendment 09-003 is considered a "project" subject to the
terms of the California Environmental Quality Act ("CEQA") (Pub.
Resources Code §21000 et. seq.).
C. That Code Amendment 09-003 to reduce the building setback from
Edinger Avenue would not intensify the development of Jamboree
Plaza or allow additional uses and all future development would be
subject to the City's Design Review process.
D. That a public hearing was duly called, noticed, and held on said
application on August 25, 2009, by the Planning Commission. The
Planning Commission continued the item to the September 22,
2009 Planning Commission meeting.
E. That on September 22, 2009, the Planning Commission adopted
Resolution No. 4126, recommending that the City Council adopt
findings that Code Amendment 09-003 and Design Review 09-004
are within the scope of the previously approved Negative
Declarations for Jamboree Plaza and recommending that the City
Council approve Code Amendment 09-003 and Design Review 09-
004 for an express carwash.
F. That a public hearing was duly called, noticed, and held on said
application on the 20t day of October, 2009, by the City Council.
Ordinance No. 1370
Page 2
G. That on October 20, 2009, the Tustin City Council adopted
Resolution No. 09-43 finding that Code Amendment 09-003 and
Design Review 09-004 are within the scope of previously approved
Negative Declarations for Jamboree Plaza.
H. Code Amendment 09-003 is consistent with the Tustin General
Plan in that the subject site is located within the Planned
Community Commercial/Business land use designation. This land
use designation allows for a mixture of uses including retail,
commercial, office, and industrial. The subject Code Amendment
09-003 would not change any uses or intensity of the site.
Section 2. The City Council hereby adopts Ordinance No. 1370 approving Code
Amendment 09-003 by amending Section 3.761 a. of the Jamboree Plaza Planned
Community District Regulations to read as follows:
a. Edinger Avenue - a minimum of tk~#~(38} fifteen (15) feet.
Section 3. SEVERABILITY
All of the provisions of this ordinance shall be construed together to accomplish the
purpose of the 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 by the City Council of the City of Tustin, at a regular meeting
on the day of , 2009.
DOUG DAVERT
Mayor
PAMELA STOKER
City Clerk
Ordinance No. 1370
Page 3
STATE OF CALIFORNIA )
COUNTY OF ORANGE ) SS
CITY OF TUSTIN )
CERTIFICATION FOR ORDINANCE NO. 1370
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. 1370 was
dul~ and regularly introduced at a regular meeting of the Tustin City Council, held on the
20t day of October, 2009, and was given its second reading, passed, and adopted at a
regular meeting of the City Council held on the day of , 2009 by the
following vote:
COUNCILMEMBER AYES:
COUNCILMEMBER NOES:
COUNCILMEMBER ABSTAINED:
COUNCILMEMBER ABSENT:
PAMELA STOKER
City Clerk