HomeMy WebLinkAbout10 SECOND READING ORDINANCE NO. 14191TY O
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AGENDA REPORI
MEETING DATE
Me
FROM:
OCTOBER 16, 2012
JEFFREY C. PARKER, CITY MANAGER
Agenda Item 10
Reviewed:
City Manager
Finance Director _JA
PATRICIA ESTRELLA, CITY CLERK SERVICES SUPERVISOR
SUBJECT: SECOND READING AND ADOPTION OF ORDINANCE NO. 1419,
APPROVING ZONE CHANGE 2012 -001, AMENDING THE ZONING
DESIGNATIONS FROM SINGLE FAMILY RESIDENTIAL (R1) TO
PUBLIC AND INSTITUTIONAL (P &I) TO ACCOMMODATE
CHURCH RELATED USES AT 13152 RED HILL AVENUE AND
1532 AND 1542 MELVIN WAY.
SUMMARY:
Approval of zone change 2012 -001 will amend the zoning designations from single
family residential (R1) to public and institutional (P &I) to accommodate church related
uses at 13152 Red Hill Avenue and 1532 and 1542 Melvin Way.
RECOMMENDATION:
Have second reading by title only and adoption of Ordinance No. 1419 (roll call vote).
FISCAL IMPACT:
None.
BACKGROUND:
On October 2, 2012, the City Council had first reading by title only and introduction of
the following Ordinance:
ORDINANCE NO. 1419
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TUSTIN,
APPROVING ZONE CHANGE 2012 -001, AMENDING THE ZONING
DESIGNATIONS FROM SINGLE FAMILY RESIDENTIAL (R1) TO PUBLIC AND
INSTITUTIONAL (P &I) TO ACCOMMODATE CHURCH RELATED USES AT
13152 RED HILL AVENUE AND 1532 AND 1542 MELVIN WAY.
Patricia Estrella
City Clerk Services Supervisor
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY
OF TUSTIN, APPROVING ZONE CHANGE 2012-001,
AMENDING THE ZONING DESIGNATIONS FROM
SINGLE FAMILY RESIDENTIAL (R1) TO PUBLIC AND
INSTITUTIONAL (P&I) TO ACCOMMODATE CHURCH
RELATED USES AT 13152 RED HILL AVENUE AND 1532
AND 1542 MELVIN WAY.
The City Council of the City of Tustin does hereby ordain as follows:
SECTION 1. The City Council finds and determines as follows:
A. That a proper application has been submitted by Red Hill Lutheran
Church to change the zoning designations from Single Family
Residential (R1) to Public and Institutional (P&I) to accommodate
church related uses at 13152 Red Hill Avenue and 1532 and 1542
Melvin Way.
B. That a public hearing was duly called, noticed, and held on said
application on September 11, 2012, by the Planning Commission.
Following the public hearing, the Planning Commission adopted
Resolution No. 4203 recommending that the Tustin City Council
approve Zone Change 2012-001 by adopting Ordinance No. 1419.
C. That a public hearing was duly called, noticed, and held on said
application on October 2, 2012, by the City Council,
D. That the proposed amendment to the zoning district is in the best interest
of the public and ensures consistency between the General Plan and the
Zoning Ordinance,
E. That the proposed zone change is consistent with General Plan
Amendment 2012-002 and the policies of the General Plan, as evidenced
by the following findings.
1. The proposed zone change to the Public & Institutional District is
consistent with General Plan Amendment 2012-02.
2. The proposed Zone Change to the Public and Institutional (P&I)
district would be compatible with the adjacent P&I zoning district,
3. The proposed Zone Change would allow church related uses to
occupy the affected properties.
F. That this project has been determined to be exempt pursuant to California
Environmental Quality Act (CEQA) Section 15061(b)(3) in that CEQA
applies only to projects which have the potential for causing a significant
effect on the environment. If adopted, the proposed General Plan
Amendment, Zone Change, and Conditional Use Permit would ensure
Ordinance No. 1419
Page 2
consistency between the General Plan and Zoning designations and
would allow existing uses related to the Red Hill Lutheran Church. The
proposed project has no possibility for significant effect on the
environment; therefore, the project is not subject to CEQA.
SECTION 2. The City Council hereby adopts Ordinance No. 1419 (Zone Change
2012-001), amending the Zoning designations from Single Family
Residential (R1) to the Public and Institutional (P&I) zoning district, as
identified in Exhibit 1 attached hereto.
SECTION 3. Severability
If any section, subsection, sentence, clause, phrase, or portion of this
ordinance is for any reason held to be invalid or unconstitutional by the
decision of any court of competent jurisdiction, such decision shall not
affect the validity of the remaining portions of this ordinance, The City
Council of the City of Tustin hereby declares that it would have adopted
this ordinance and each section, subsection, sentence, clause, phrase,
or portion thereof irrespective of the fact that any one or more sections,
subsections, sentences, clauses, phrases, or portions be declared
invalid or unconstitutional.
PASSED AND ADOPTED, at a regular meeting of the City Council for the City of
Tustin on this 16t" day of October, 2012.
JOHN NIELSEN
MAYOR
ATTEST:
PAMELA STOKER
CITY CLERK
Ordinance No. 1419
Page 3
STATE OF CALIFORNIA )
COUNTY OF ORANGE ss,
CITY OF TUSTIN
CERTIFICATION FOR ORDINANCE NO. 1419
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 five; that the above and foregoing Ordinance No.
1419 was duly and regularly introduced and read at the regular meeting of the City
Council held on the 2nd day of October, 2012, and was given its second reading,
passed and adopted at a regular meeting of the City Council held on the 16th day of
October, 2012, by the following vote:
COUNCILPERSONS AYES:
COUNCILPERSONS NOES:
COUNCILPERSONS ABSTAINED:
COUNCILPERSONS ABSENT: -
PAMELA STOKER, City Clerk