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RESOLUTION NO. 3331
A RESOLUTION OF THE PLANNING COMMISSION OF THE
CITY OF TUSTIN, CALIFORNIA, RECOMMENDING TO
THE CITY COUNCIL APPROVAL OF ZONE CHANGE 94-
006 TO AMEND SUBSECTION "a" OF SECTION
3.6.3.C3 OF THE EAST TUSTIN SPECIFIC PLAN
ENTITLED "PROJECTIONS INTO REQUIRED SETBACKS"
RELATED TO THE DEVELOPMENT STANDARDS FOR THE
CONSTRUCTION OF PATIO COVER AND TRELLIS
STRUCTURES WITHIN PATIO HOME DEVELOPMENTS.
The Planning Commission of the City of Tustin does hereby
resolve as follows:
I o
The Planning Commission finds and determines as
follows:
a.
That an application has been filed by
California Pacific Homes, requesting approval
of Zone Change 94-006 to amend Subsection "a"
of Section 3.6.3.C3 of the East Tustin
Specific Plan entitled "Projections into
Required Setbacks" related to the development
standards for the construction of patio cover
and trellis structures within Patio Home
developments.
m o
That a public hearing was duly notice, called
and held on said application on February 13,
1995 by the Planning Commission.
C ,
That an Environmental Impact Report (EIR 85-2
for the East Tustin Specific Plan) has been
previously certified in conformance with the
requirements of the California Environmental
Quality Act for the subject project.
m .
Proposed Zone Change 94-006 would not be
detrimental to the public health, safety and
aenera! welfare in that the amendments would
provide for flexibility in locating patio
cover structures while insuring that the
Uniform Building Code requirements for
separation of structures would be satisfied.
E ,
Proposed Zone Change 94-006 would be
consistent with the City's General Plan,
particularly the Land Use Element in that the
amendments would provide for orderly
development.
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Resolution No. 3331
Page 2
II. The Planning Commission hereby recommends to the
City Council approval of Zone Change 94-006,
amending Subsection "a" of Section 3.6.3.C3 of the
East Tustin Specific Plan entitled "Projections
into Required Setbacks" related to the development
standards for the construction of patio cover and
trellis structures within Patio Home developments,
subject to the conditions contained in Exhibit A
and amendments as shown in Exhibit B, attached
hereto and incorporated herein by reference.
PASSED AND ADOPTED by the Planning Commission of the City
of Tustin at a regular meeting held on the 13th day of
February, 1995.
Recording Secretary
Chairperson
STATE OF CALIFORNIA )
COUNTY OF ORANGE )
CITY OF TUSTIN )
I, BARBARA REYES the undersigned, hereby certify that I
am the Recording Secretary of the Planning Commission of
the City of Tustin, California; that Resolution No. 3331
was duly passed and adopted at a regular meeting of the
Tustin Planning Commission, held on the 13th day of
February, 1995.
Recording Secretary
EXHIBIT A
RESOLUTION NO. 3331
CONDITIONS OF APPROVAL
ZONE CHANGE 94-006 (CALIFORNIA PACIFIC HOMES)
GENERAL
(1) 1.1 Unless otherwise specified, the conditions contained in
this Exhibit shall be complied with prior to the approval
of any subsequent patio cover or trellis structure
submittals utilizing the amended standards within the
East Tustin Specific Plan area, subject to review and
approval by the Community Development Department.
(1) 1.2 The applicant shall sign and return an Agreement to
Conditions Imposed form prior to any subsequent patio
cover or trellis structure approvals utilizing the
amended standards within the East Tustin Specific Plan
area.
(1) 1.3 The applicant shall hold and defend the City of Tustin
harmless for all claims and liabilities out of City's
approval of the entitlement process for this project.
PLAN SUBMITTAL
*** 2.1 Within 30 days of approval, the applicant shall submit 20
copies of the applicable pages of the East Tustin
Specific Plan, and a camera ready master, with all
revisions as shown in Exhibit B attached hereto.
FEES
(1) 3.1 Within forty-eight (48) hours of approval of the subject
project, the applicant shall deliver to the Community
Development Department, a cashier's check payable to the
COUNTY CLERK in the amount of $25.00 (twenty-five
dollars) pursuant to AB 3185, Chapter 1706, Statutes of
1990, enabling the City to file the Notice of
Determination required under Public Resources Code
Section 21152 and 14 Cal. Code of Regulations 15094. If
within such forty-eight (48) hour period the applicant
has not delivered to the Community Development Department
the above-noted check, the approval for the project
granted herein shall be considered automatically null and
void.
SOURCE CODES
(1) STItNDARD CONDITIONS
(2) PLANNING COMMISSION POLICY
(3) MUNICIPAL CODE
(4) UNIFORM BUILDING CODE
(5) RESPONSIBLE AGENCY
REQUIREMENT
Exhibit A
Resolution No. 3331
Page 2
In addition, should the Department of Fish and Game
reject the Certificate of Fee Exemption filed with the
Notice of determination and require payment of fees, the
applicant shall deliver to the Community Development
Department, within forty-eight (48) hours of
notification, a cashier's check payable to the COUNTY
CLERK in the amount of $850 (eight hundred fifty dollars)
pursuant to AB 3158, Chapter 1706, Statutes of 1990. If
this fee is imposed, the subject project shall not be
operative, vested or final unless and until the fee is
paid.
EXHIBIT B
RESOLUTION NO. 3331
D~AFT ORDINANCE NO.
ZONE CHANGE 94-006 (CALIFORNIA PACIFIC ~OMES)
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
TUSTIN, CALIFORNIA, APPROVING ZONE CHANGE 94-006 TO
AMEND SUBSECTION "a" OF SECTION 3.6.3.C3 OF THE
EAST TUSTIN SPECIFIC PLAN ENTITLED "PROJECTIONS
INTO REQUIRED SETBACKS" RELATED TO THE DEVELOPMENT
STANDARDS FOR THE CONSTRUCTION OF PATIO COVER AND
TRELLIS STRUCTURES WITHIN PATIO HOME DEVELOPMENTS.
The City Council of the City of Tustin does hereby ordain
as follows:
I. The City Council finds and determines as follows:
a.
That an application has been filed by
California Pacific Homes, requesting approval
of Zone Change 94-006 to amend Subsection "a"
of Section 3.6.3.C3 of the East Tustin
Specific Plan entitled "Projections into
Required Setbacks" related to the development
standards for the construction of patio cover
and trellis structures within Patio Home
developments.
.
That a public hearing was duly notice, called
and held on said application on February 13,
1995 by the Planning Commission and on
February 21, 1995 by the City Council.
C ,
That an Environmental Impact Report (EIR 85-2
for the East Tustin Specific Plan) has been
previously certified in conformance with the
requirements of the California Environmental
Quality Act for the subject project.
De
Proposed Zone Change 94-006 would not be
detrimental to the public health, safety and
general welfare in that the amendments would
provide for flexibility in locating patio
cover structures while insuring that the
Uniform Building Code requirements for
separation of structures would be satisfied.
E .
Proposed Zone Change 94-006 would be
consistent with the City's General Plan,
particularly the Land Use Element in that the
amendments would provide for orderly
development.
Exhibit B
Resolution No. 3331
Page 2
II. NOW, THEREFORE, the City Council of the City of
Tustin DOES HEREBY ORDAIN as follows:
Section 1. Subsection "a" of Section 3.6.3.C3 of the East
Tustin Specific Plan entitled "Projections into Required Setbacks"
is hereby amended to read as follows:
"Covered Patio, trellis or canopies -~~..~ ~u,.~,.~-~-~- ~-~ may
project into"the required setbacks and provided that they do
not'cover more than 50 percent of the private open space and
Comply with the Uniform Building Code related to distance
requirements between adjacent structures.
Section 2. Severability
Ail of the provisions of this ordinance shall be construed
together in order to accomplish the purpose of these
regulations. If any provision of this ordinance is held by a
court to be unconstitutional, such unconstitutionality shall
apply only to the particular facts, or if a provision is
declared to be 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 21st day of February, 1995.
THOF~kS R. SALTARELLI
MAYOR
Mary E. Wynn, City Clerk
STATE OF CALIFORNIA )
COUNTY OF ORANGE )
CITY OF TUSTIN )
SS
CERTIFICATION FOR ORDINANCE NO.
¥~RY E. WYNN, 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 five; that the above and foregoing Ordinance No. was
duly and regularly introduced at a regular meeting of the City
Exhibit B
Resolution No. 3331
Page 3
Council held on the 21st day of February, 1995 and passed and
adopted at a regular meeting of the City Council held on the
day of , ~, by the following vote:
COUNCILMEMBER AYES:
COUNCILMEMBER NOES:
COUNCILMEMBER ABSTAINED:
COUNCILMEMBER ABSENT:
Mary E. Wynn, City Clerk