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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 Page 1 of 2 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 Page 2 of 2