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HomeMy WebLinkAboutPC RES 2541 2 3 4 5 6 8 14. 17 18 19 21 22 23 2'-1 25 2(i 27 28 RESOLUTION NO. 2541 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF TUSTIN RECOMMENDING TO THE CITY COUNCIL ADOPTION OF ZONING ORDINANCE AMENDMENT 88-6, EXEMPTING LEGAL CONFORMING PROPERTIES FROM BECOMING NON-CONFORMING DUE TO PUBLZC RIGHT-OF-WAY ACQUISITION BY THE CITY The Planning Commission of the City of Tustin does hereby resolve as fol lows' I. The Planning Commission finds as follows' A. A public hearing before the Planning Commission to consider Zoning Ordinance Amendment 88-6 was duly called, noticed and held on Monday, November 14, 1968. B. A Negative Declaration has been prepared in conformance with the California Environmental Quality Act; no significant, adverse impacts are associated with this Zoning Ordinance Amendment. C. The subject amendment is in the best interest of the public health, safety and welfare in that it will not penalize legal conforming properties for becoming non-conforming due to the community wide benefit of public right-of-way acquisition by the City. D. The subject amendment is consistent with the General Plan in that it will not negatively impact the orderly growth and development of the City. II. The Planning Commission hereby recommends to the City Council approval of Zoning Ordinance Amendment 88-6 as follows' A. Section 9273 (e) shall be added to the Tustin City Code to read as follows: "Any use of land, building, or structure which is legal and conforming to all provisions of this Zoning Code, as of the date of adoption of this ordinance, and made "non-conforming" either in design or arrangement due to acquisition of public right-of-way by the City, shall be exempt from a non-conforming status and the provisions of Section 9372, Non-conforming Structures and Uses, unless it is established by the Department of Community Development that such use, building or structure creates a nuisance or is a threat to the health, welfare or well being of City residents." 1 2 3 4 5 6 8 9 1(}I 111 12~ 14 15 1G 17 18 9.1 22 23 24 25 2G 27 28 Resolution No. 2541 Page two PASSED AND ADOPTED at a regular/~.eting of t~be ,~lannin9 Commission of the City of Tustin, held on the 14th day of November, 1988. /' A. L./Ba-3cer '/ Chairman Penni ~bley Secretary STATE OF CALIFORNIA ) COUNTY OF ORANGE ) CITY OF TUSTIN ) I, PENNI FOLEY, the undersigned, hereby certify that I am the Recording Secretary of the Planning Commission of the City of Tustin, California; that Resolution No. ,-")':> ~' /' was duly passed and~adopted at_a.r?egular }neeting of the T~Kustin Plannihg commission, held on the ,-':-/ ..... day of ,/m'~: ~' /~' ' ~ ~ ~~ ' 198 . .. PENNI FOLEY Recording SecretaPy