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HomeMy WebLinkAbout11 Z.C. 98-005 02-01-99AGE DA NO. i ] 2-1-99 DATE: FEBRUARY 1, 1999 Inter-Corn TO' FROM: SUBJECT: WILLIAM A. HUSTON, CITY MANAGER OFFICE OF THE CITY CLERK ORDINANCE NO. 1210, ZONE CHANGE 98-005 (APPLICANT: MR. ELMER TIEDJE, TUSTIN VILLAGE COMMUNITY ASSOCIATION) SUMMARY: Proposed Ordinance No. 1210, Zone Change 98-005, is a request to amend the Zoning District from Unclassified to Planned Development for .5 acre parcel located along the eastern edge of Tustin Village Townhomes at 15500 Tustin Village Way. RECOMMENDATION: Have second reading by title only and adoption of Ordinance No. 1210 (roll call vote). · BACKGROUND' The following Ordinance No. 1210 had first reading and introduction at the January 19, 1999 City Council meeting: ORDINANCE NO. 1210- AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TUSTIN, CALIFORNIA, APPROVING ZONE CHANGE 98-005, CHANGING THE ZONING DISTRICT FROM UNCLASSIFIED (U) TO PLANNED DEVELOPMENT (PD) ON A .5 ACRE 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 12 18 20 24 25 26 2.? ORDINANCE NO. 1210 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TUSTIN, APPROVING ZONE CHANGE 98-005, CHANGING THE ZONING DISTRICT FROM UNCLASSIFIED (U) TO PLANNED DEVELOPMENT (PD) ON A .5 ACRE 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 Bo That a proper application was filed for Zone Change 98-005 to amend the Zoning District of a .5 acre 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. 19980649965 in the County of Orange. That a public hearing was duly called, noticed and held on said application on January 11, 1999 by the Planning Commission, and on January 19, 1999 by the City Council. C. That on January 11, 1999 the Planning Commission recommended that the City Council approve the project. De That the proposed Zone Change 98-005 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. D. 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. l0 20 23 24 25 2? 28 Ordinance No. 1210' Page 2 III. The City Council hereby approves Zone Change 98-005, amending the Zoning District of the subject parcel from "Unclassified" (U) to "Planned Development" (PD), as identified on Exhibit A of Resolution 99-10 incorporated herein by reference. 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 19th day of January, 1999. THOMAS R. SALTARELLI Mayor PAMELA STOKER City Clerk