HomeMy WebLinkAboutCC RES 11-77RESOLUTION NO. 11-77
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
TUSTIN, CALIFORNIA ADOPTING THE NEGATIVE
DECLARATION FOR CODE AMENDMENT 11-002
(ORDINANCE NO. 1397) CLARIFYING THE MEANING OF
LEGAL NONCONFORMING USES AND STRUCTURES IN
THE CITY OF TUSTIN
The City Council of the City of Tustin does hereby resolve as follows:
A. That Code Amendment 11-002 (Ordinance No. 1397) is aCity-initiated project to
clarify the meaning of legal nonconforming uses and structures including but not
limited to:
- clarifying language wherever the term "nonconforming" is used in the Tustin
City Code, including a new definition and clarifying that illegal structures or uses
are a public nuisance that should be corrected in (Article 1 -Administration and
Article 9 -Land Use);
- clarifying that only lawfully established sexually oriented businesses are
considered legal nonconforming (Article 3 -Business Regulations);
- clarifying that only lawfully established newsracks are considered legal
(Article 7 -Public Facilities); and,
- clarifying that only lawfully established structures, uses, lots, wireless facilities,
and signs are considered legal nonconforming (Article 9 -Land Use).
B. That Code Amendment 11-002 (Ordinance No. 1397) is considered a "project" by
the California Environmental Quality Act ("CEQA") (Pub. Resources Code
§21000 et. seq.);
C. That an Initial Study has been prepared to evaluate the potential environmental
impacts associated with the project that concluded that the project could not have
a significant effect on the environment, and a Negative Declaration (ND) was
prepared;
D. That a Notice of Intent to Adopt a Negative Declaration was published and the
Negative Declaration and Initial Study were made available fora 20-day public
review and comment period from September 7, 2011, to September 27, 2011, in
compliance with Sections 15072 and 15105 of the State CEQA Guidelines;
E. That a public hearing was duly called, noticed, and held for Code Amendment
11-002 (Ordinance No. 1397) on September 27, 2011 and October 11, 2011, by
the Tustin Planning Commission. At said meeting the Planning Commission
adopted Resolution No. 4183, recommending that the City Council adopt the
Negative Declaration for Code Amendment 11-002 (Ordinance No. 1397);
Resolution 11-77
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F. That a public hearing was duly call, noticed, and held for Code Amendment 11-
002 (Ordinance No. 1397) on November 1, 2011 by the Tustin City Council. Prior
to consideration of Code Amendment 11-002, the Tustin City Council considered
the proposed Negative Declaration, Initial Study and comments received. Based
upon the whole record before it, there is no substantial evidence that the project
will have a significant effect on the environment.
II. The Tustin City Council hereby adopts the Negative Declaration and Initial Study
attached hereto as Exhibit A for Code Amendment 11-002 (Ordinance No. 1397),
clarifying the meaning of legal nonconforming uses and structures in the City of
Tustin.
PASSED AND ADOPTED by the City Council of the City of Tustin, at a regular
meeting on the 1St day of November, 2011.
ATTEST:
PA LA STOKER,
City Clerk
STATE OF CALIFORNIA )
COUNTY OF ORANGE ) SS
CITY OF TUSTIN )
I, Pamela Stoker, City Clerk and ex-officio Clerk of the City Council of the City of Tustin,
California, do 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 Resolution No. 11-77 was duly
passed and adopted at a regular meeting of the Tustin City Council, held on the 1St day
of November, 2011, by the following vote:
COUNCILMEMBER AYES: Amante, Nielsen, Gavello, Gomez, Murray (5)
COUNCILMEMBER NOES: None (0)
COUNCILMEMBER ABSTAINED: None (0)
COUNCILMEMBER ABSENT: None (0)
PAMELA STOKER,
City Clerk
Resolution 11-77
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