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HomeMy WebLinkAbout14 Z.C. 99-001 03-15-99AGEr IDA DATE: MARCH 15, 1999 Inter-Com NO. 14 3-15-99 TO' FROM' SUBJECT: WILLIAM A. HUSTON, CITY MANAGER OFFICE OF THE CITY CLERK ORDINANCE NO. 1212, ZONE CHANGE 99-001 (APPLICANT: ELMER TIEDJE; TUSTIN VILLAGE COMMUNITY ASSOCIATION,) MR. SUMMARY: Proposed Ordinance No. 1212 would amend the Zoning District from Unclassified (U) to Planned Development (PD) for an 8,923 square foot parcel of abandoned Caltrans right-of-way located immediately northeast of the Tustin Village Townhome complex at 15500 Tustin Village Way, directly southeast of the I-5/SR-55 freeway interchange. RECOMMENDATION' Have second reading by title only and adoption of Ordinance No. 1212 (roll call vote). BACKGROUND: The following Ordinance No. 1212 had first reading and introduction at the March 1, 1999 City Council meeting: ORDINANCE NO. 1212 - AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TUSTIN, CALIFORNIA, APPROVING ZONE CHANGE 99-001, CHANGING THE ZONING DISTRICT FROM UNCLASSIFIED (U) TO PLANNED DEVELOPMENT (PD) ON AN 8,923 SQUARE FOOT ABANDONED PARCEL OF CALTRANS RIGHT-OF- WAY ADJACENT TO PROPERTY LOCATED AT 15500 TUSTIN VILLAGE WAY Valerie Crabill Chief Deputy City Clerk I:MEMOORD l0 14 15 l? 20 21 24 25 2? 28 ORDINANCE NO. 1212 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TUSTIN, APPROVING ZONE CHANGE 99-001, CHANGING THE ZONING DISTRICT FROM UNCLASSIFIED (U) TO PLANNED DEVELOPMENT (PD) ON AN 8,923 SQUARE FOOT ABANDONED PARCEL OF CALTRANS RIGHT-OF-WAY ADJACENT TO PROPERTY LOCATED AT 15500 TUSTIN VILLAGE WAY. The City Council does hereby ordain as follows: I. The City Council finds and determines as follows: Ao That a proper application was filed for General Plan Amendment 99-0.01 and Zone Change 99-001 to amend the Zoning District of an 8,923 square foot abandoned Caltrans right-of-way parcel located adjacent to the 1-5/SR-55 freeway interchange at 15500 Tustin Village Way, more specifically described as the Director's Deed recorded on September 28, 1998 as Instrument No. 19980649966 in the County of Orange and shown as Exhibit A attached hereto. B. That a public hearing was duly called, noticed and held on said application on February 22, 1999 by the Planning Commission, and on March 1, 1999 by the City Council. C° That on February 22, 1999 the Planning Commission recommended that the City Council approve the project. D, That the proposed Zone Change 99-001 is consistent with the policies of the General Plan, in that: 1) Policy 1.9 encourages the consolidation of unused parcels to increase the opportunities for development and redevelopment. The proposed change would allow an abandoned right-Of-way parcel to be incorporated into an existing residential community. 2) Policy 5.8 encourages the improvement of edge treatments between transportation rights-of-way and residential developments. The proposed change would allow a residential community the opportunity to redevelop an abandoned freeway right-of-way parcel that is adjacent to their community. Eo Approval of Zone Change 99-001 is contingent upon approval by the City Council of General Plan Amendment 99-001. ].4 ].5 ].6 ].9 20 22 23 24 25 2? Ordinance No. 1212 Page 2 Fo A Negative Declaration has been approved for this project by the City Council in accordance with the provisions of the California Environmental Quality Act (CEQA). II. The Tustin Village Community Associates shall hold harmless and defend the City of Tustin from all claims and liabilities arising out of a challenge of the City's approval of this project. III. The City Council hereby approves Zone Change 99-001, amending the Zoning District of the subject parcel from "Unclassified" (U) to "Planned Development" (PD), as identified on Exhibit A attached hereto. IV. If any section, such section, sentence, clause, phrase or portion of this ordinance is for any reason held out 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, 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 by the City Council of the City of Tustin, at a regular meeting on the 15"' day of March, 1999. THOMAS R. SALTARELLI Mayor PAMELA STOKER City Clerk ..' ZONING DISTRICT: PLANNED DEVELOPMENT (PD) GENERAL PLAN DESIGNATION' HIGH DENSITY RESIDENTIAL. / ../ /' ~ /",/" ~ / / / ' .,,.~ ./~,/',, ~T PORTION OF PARCEL 1, ~N ~ C~ OF ~ST~N. COUN~ OF O~GE. STATE OF ~MFORN~, AS DESCRIBED ~N A DEED TO THE ST,T~ O~ ~LmO~N~ ~ECO~D ON ,OV~a~ m. 1~S3 2614, PAGE 13 OF OFFIC~L RECORDS IN THE OFFICE OF ~E COUN~ RECORDER OF SAIR O~GE COUNt, LYING SOU~STERLY OF ~E DESCRIBED AS ~VING A ~DIUS OF 828.00 FEET. IN P~CEL 725~1 OF ' ~E FIlL ORDER OF CONDEM~ON RECORDED ON ~RCH IN DOCUMENT NO. 19~0153956 OF OFFIC~L RECORDS IN ~E OFFICE' OF THE COUN~ RECORDER OF SAID O~GE COUNt; ~ENCE CONTINUING ~S~RLY ALONG S~D CURVE 57.11 FE~ ~ROUGH A CENT~L ANGLE OF 3"57'07'; THENCE NON-T~GENT TO ~D CURVE SOUTH 13'46'38' ~$T 45.12 FE~ TO THE BEGINNING OF A NON- TANGENT CURVE CON~VE SOU~STERLY AND ~VlNG A ~DIUS OF 801.33 FEET. A ~D~ TO SAID POINT B~S NOR~ 41'16'~' ~T; THENCE ~ONG S~D CURVE SOU~STERLY ~D SOUTHERLY 43~.~ FEET THROUGH A CENT~L ~GLE OF 31~1'11' TO ~T CERT~N COURSE DESCRIBED AS 'NOR~ 49'10'02' ~ST 215.33 FEE7 IN P~CEL 4A OF THE FIlL ORDER OF CONDEM~TION RECORDED ON ~Y 17. ,., ,. o. o. EXHIBIT A ~c~.~,.~ m~.~.oa ~r c~.~.,...~.c~ o~ ~.o ~s ORDINANCE 1212 COUN~