HomeMy WebLinkAboutORD 105 (1956)544
ORDINANCE NO. 105
AN ORDINANCE OF THE CITY OF TUSTIN AMENDING
ORDINANCE NO. 71 AND PROVIDING PROCEDURE FOR
TRE ESTABLISHMENT OF USE ZONES AND BUILDING
LINE SETBACK REQUIREMENTS FOR TERRITORY ANNEXED
TO THE CITY OF TUSTIN. -
The City Council of the City of Tustin does ordain as
follows:
Section 1. Ordinance No. 71 of the City of Tustin
entitled, "An Ordinance Providing for the Establishment of
Zones in the City of Tustin,.Adopting a Map Showing said
Zones, and a Map Showing Building Lines, Defining the Terms
Used in this Ordinance, Providing for it's Adjustment,
Enforcement, and Amendment, Prescribing Penalties for
Violations and Repealing Any Ordinances or Portions of
Ordinances in Conflict Herewith" is hereby amended by add
ing thereto Section 18.5 as follows:
"Section 18.5. Territory Annexed to the City.
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A. Procedure: After -the adoption of a resolution
by the City Council as provided in Section 35116 of the
Government Code of the State of California, or Section 35305
of the. Government Code of the State of California, the following
things shall be done:
(1.) One copy of such Resolution shall be transmitted
to the Planning Commission of the City of Tustin.
(2.) One copy of such Resolution shall be transmitted
to the City Engineer.
(3.) The Planning Commission shall, at least five
(5) days prior to the time set for the hearing of protests to
any such proposed annexation of.territory to the City of
Tustin, report it's recommendations to the City Council
of the City of Tustin as to use zoning and building line
setback requirements to be established within the territory
proposed to be annexed. Said recommendations shall be by
1.
written report adopted on motion, or by written resolution
of the Planning Commission. Before making any such re-
commendations to the City Council, the Planning Commission
shall first hold a public hearing on the matter by giving
written notice to all owners of real property included
-ed
within the territory proposed to be annex,v and by pub-
lishing a notice of the hearing in ea newspaper of general
circulation in the area under consideration. The written
notice shall be mailed to the last known address of each
property owner as shown on the last equalized county
'-,,,property tax assessment roll not less than ten(10) days
prior to said hearing, and the publication shall be completed
at least ten (10) days before said hearing.
(4) The City Engineer of the City of Tustin at the
time of the hearing before the Planning Commission shall
present a written report of his recommendations concerning
the proposed annexation.
B. Establishing Zoning and Building Lxne Setback
Requirements:
At the time set .for the hearing of protests and the
resolutions as provided in Sections 35116 and 35305, each
in the Government Code of the State of California, the report
and recommendations of the Planning Commission of the City
of Tustin as required in subsection A above shall be con-
sidered and the'City Council shall:
1. In the case of an annexation under the provisions
Q
of the "Annexation Act of 1913" make a determination by
resolution or motion as to how the subject territory shall
be zoned and what building line setback requirements
shall be established, contingent only upon final annexation
to the City. That if the election required in the proceedings
required under the "Annexation Act of 1913" is favorable,
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and said annexation is approved by the City Council of the
City of Tustin, the ordinance approving said annexation
shall set forth and describe the zoning requirements and a
map thereof and the building line setback requirements
and a map thereof, theretofore determined in the manner
hereinabove described.
2. In the case of an annexation under the provisions
of the "Annexation of Uninhabited Territory Act of 1939",
establish at the close of the hearing of protests, the
zoning and building line setback requirements for the
territory to be annexed, together with maps thereof, in the
ordinance annexing the subject territory to the City of
Tustin, if said territory is so annexed.
The action hereinabove provided for in this Section
shall be by the affirmative vote of not less than three
members of the City Council and the action of the City
Council may be different from that recommended by the Planning
Commission of the City of Tustin."
Section 2. 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 Council 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
or more sections, subsections, clauses, phrases or portions
be declared invalid or unconstitutional.
Section 3. To the extent that any ordinance or
provision of any ordinance of the City of Tustin shall con-
flict herewith, said ordinance or provision of ordinance
is hereby.amended to conform to the provisions of this
ordinance..
3.
Section 4. Certification and Publication.
The City Clerk shall certify to the adoption of this
Ordinance, to it's signature by the Mayor., to it's attestation
by the City Clerk and shall cause this Ordinance to be publibhed
by:=one insertion in the Tustin News, a weekly newspaper of
general circulation, printed and circulated in the City of
Tustin, Orange County, California.
PASSED AND ADOPTED by the City Council of the City
of Tustin at it's regular meeting held on the 22nd day of
October, 1956.
Frank Bacon Jr.
Mayor, Pro Tem
ATTEST:
City Clerk
STATE OF CALIFORNIA
COUNTY OF ORANGE ) SS.
CITY OF TUSTIN
The above and foregoing Ordinance was duly and regularly
introduced at a regular meeting of the City Council of the
City of Tustin held on the 8th day of October, 1956,
and was duly passed and adopted at a regular meeting of the
City Council held on the 2nd day of October, 1956, by the
following vote:
AYES: Councilmen: W. L. Tadlock, Vincent Humeston, Lee Byrd.
NOES: Councilmen: None
ABSENT: Councilmen: Jerome C. Kidd.
544
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ORDINANCE NO. 105
AN ORDINANCE OF THE CITY OF TUSTIN AMENDING
ORDINANCE NO. 71 AND PROVIDING PROCEDURE FOR
THE ESTABLISHMENT OF USE ZONES AND BUILDING.
LINE SETBACK RE$UIREMENTS FOR TERRITORY ANNEXED
TO HE CITY OF TUSTIN
The City Council of the City of Tustin does ordain
I as follows:
Section 1. Ordinance No. 71 of the City of Tustin
entitled, "An Ordinance Providing for the Establishment of
Zones in the City of Tustin, Adopting a Map Showing said
Zones, and a Map Showing Building Lines, Defining the Terms
Used in this Ordinance, Providing for its Adjustment,
Enforcement, and Amendment, Prescribing Penalties for
Violations and Repealing Any Ordinances or Portions of
Ordinances in Conflict Herewith" is hereby amended by add-
ing thereto Section 18.5 as follows:
"Section 18.5. Territory Annexed to the City.
A. Procedure: After the adoption of a resolution
by the City Council as provided in Section 35116 of the
Government Code of the State of California, or Section
35305 of the Government Code of the State of California,
the following things shall be done:
(1) One copy of such Resolution shall be transmitted
to the Planning Commission of the City of Tustin.
(2) One copy of such Resolution shall be transmitted
to the City Engineer.
(3) The Planning Commission shall, at least five (5)
days prior to the time set for the hearing of protests to
any such proposed annexation of territory to the City of
Tustin, report its recommendations to the City Council of
the City of Tustin as to use zoning and building line set-
back requirements to be established within the territory
proposed to be annexed. Said recommendations shall be by
1.
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written report adopted on motion, or by written resolution
of the Planning Commission. Before making any such re-
commendations to the City Council, the Planning Commission
shall first hold a public hearing on the matter by giving
written notice to all owners of real property included
within the territory proposed to be annexed, and by pub-
lishing a notice of the hearing in a newspaper of general
circulation in the area under consideration. The written
notice shall be mailed to the last known address of each
property owner as shown on the last equalized county propert}
tax assessment roll not less than ten (10) days prior to
said hearing, and the publication shall be completed at least
ten (10) days before said hearing.
(4) The City Engineer of the City of Tustin at the
time of the hearing before the Planning Commission shall
present a written report of his recommendations concerning
the proposed annexation.
B. Establishing Zoning and Building Line Setback
Requirements:
At the time set for the hearing of protests and the
resolutions as provided in Sections 35116 and 35305, each
in the Government Code of the State of California, the report
and recommendations of the Planning Commission of the City
of Tustin as required in subsection A above shall be con-
sidered and the City Council shall:
(1) In the case of an annexation under the provisions
of the "Annexation Act.of 1913" make a determination by
resolution or -motion as to how the subject territory shall
be zoned,and.what building line setback requirements shall
be established, contingent only upon final annexation to
the City. That if the election required in the proceedings
required under the "Annexation Act of 1913" is favorable,
2.
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and said annexation is approved by the City Council of the
City of Tustin, the ordinance approving said annexation
shall set forth and describe the zoning requirements and a
map thereof and the building line setback requirements and
a map thereof, theretofore determined in the manner herein-
above described.
(2) In the .case of an annexation under the provisions
of the "Annexation of Uninhabited Territory Act of 1939",
establish at the close of the hearing of protests, the
zoning and building line setback requirements for the
terri"tory to be annexed, together with maps thereof, in the
ordinance annexing the subject territory to•the City of
Tustin, if said territory is so annexed. -
The action hereinabove provided for in this Section
shall be bythe affirmative vote of not less than three
members of the City Council and the action of the City
Council may be different from that recommended by the
Planning Commission of the City of Tustin."
Section 2. 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 de-
cision shall not affect the validity of the remaining
portions of this Ordinance. The Council 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, clauses, phrases or portions be declared invalid
or unconstitutional.
Section 3. To�the extent that any ordinance or
provision of any ordinance of the City of Tustin shall con-
flict herewith, said ordinance or provision of ordinance
3.
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is hereby amended to conform to the provisions of this
ordinance.
Section 4. Certification and Publication.
The City Clerk shall certify to the adoption of this
Ordinance, to its signature by the Mayor, to its attestati
by the City Clerk and shall cause this Ordinance to be
published by one insertion in the Tustin News, a weekly
newspaper of general circulation, printed and circulated
in the City of Tustin, Orange County, California.
PASSED AND ADOPTED by the City Council of the City
of Tustin at its regular meeting held on the 22nd day of
October,'1956•
ATTEST:
City Ulerk
STATE OF CALIFORNIA
COUNTY OF ORANGE ss.
CITY OF TUSTIN
The above and foregoing Ordinance was duly and regular.
introduced at a regular meeting of the City Council of the
City.of Tustin held on the 8th day of October 19569
and was duly passed and adopted at a regular meeting of the
City Council held on the.22nd day of October, 1956, by the
following vote:
AYES: Councilmen: W. L TADLOCK VINCENT PUMESTON, LEE RYRD
NOES: Councilmen: NONE
ABSENT: Councilmen: JEROME C. KIDD
4-.
City Clerk
City of Tustin