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HomeMy WebLinkAbout01 CODE AMEND 98-004 11-02-98AGEN n NO. 1 ' ~ ~ 11-2-98 /~A-----~_ , n DATE: NOVEMBER 2, 1998 TO: FROM' SUBJECT: WILLIAM A. HUSTON, CITY MANAGER COMMUNITY DEVELOPMENT DEPARTMENT CODE AMENDMENT 98-004, AMENDMENT TO TUSTIN CITY CODE RELATED TO RESIDENTIAL DEVELOPMENT STANDARDS IN THE CULTURAL RESOURCES DISTRICT SUMMARY: Code Amendment 98-004 would allow residential development on existing parcels within the Cultural Resources Overlay District that meet the development standards of the underlying residential zoning districL On October 26, 1998, the Planning Comntission recommended that the City Council approve the project. Applicant: City of Tustin, Community Development Department RECOMMENDATION That the City Council: o . , Conduct a public hearing; Adopt Resolution No. 98-97 approving the environmental determination for the project; and, Introduce and have first reading of Ordinance No. 1207 approving Code Amendment 98-004 and set for second reading at the Council's November 16, 1998 meeting. FISCAL IMPACT This is a City initiated project. impact on City resources. BACKGROUND & DISCUSSION The proposed amendment would not have any fiscal The amendments to the Tustin City Code (TCC) propose to: City Council Report CA 98-004 November 2, 1998 Page 2 . Apply the minimum lot sizes specified in the Cultural Resources (CR) Overlay District (TCC Section 9252j2) only to the creation of new lots within the CR District; and, . Allow development of existing lots within the CR District to proceed consistent with the underlying residential zoning District.' The actual text amendments are included in Ordinance No. 1207. The new language is in highlighte~ text. The deleted language is in str!~cout text. It is anticipated that these provisions will also be 'incorporated into the new Zoning Code. DISCUSSION The CR District (Tustin City Code [TCC] 9252j2) identifies the following site development standards for residential development: · Minimum single-family lot size: · Minimum multiple-familylot size: 10,000 square feet 15,000 square feet However, the R-1 and R-3 Zoning Districts (TCC 9223alb and 9226alb/a2b respectively) identify the following minimum lot sizes: · R-I' · R-3: 7,200 square feet 7,000 square feet The CR District indicates that if a conflict exists between the requirements of the CR District and the underlying residential, district, the CR District shall prevail (TCC 925263). There are twenty-nine (29) parcels within the Cultural Resources District that are zoned R-3 (Attachment A). Twenty-six (26) of the properties exceed the R-3 minimum lot size of 7,000 square feet. However, only four (4) of the properties meet the CR District standard for the minimum lot size of 15,000. This means that these 26 properties, which could otherwise be developed with multiple family units are considered non- conforming in site area and only single-family residences could be constructed (TCC 9271q). In May 1988, when the CR District was created, a summary of the major provisions of the proposed CR District was mailed to property owners within the district boundaries. However, it was also stated that existing lots would not be affected by the minimum lot 'size requirement (Attachment B). The CR District development standards that were ultimately adopted make no distinction between the existing lots and newly created lots. City Council Report CA 98-004 November 2, 1998 Page 3 While the 10,000/15,000 square foot minimUm lot sizes are suitable for new subdivisions, the standards may deprive existing property owners from developing any structure other than a single-family unit. Considering the narrow width of these parcels, applying the minimum lot size standard in the R-3 District does not necessarily result in maximum density. Any proposed development will still need to comply with other site development standards such as building setbacks, height parking and open space that greatly limits the amount of' development on a particular lot. In addition, most of the lots are already developed with historic homes, which even further limits development and site access. Minoo Ashabi Assistant Planner Elizabeth A. Binsack Community Development Director Attachments: Initial Study/Negative Declaration Resolution No. 98-97 Ordinance No. 1207 EAB:DF:CA98004 COMMUNITY DEVELOPMENT DEPARTMENT 300 Centennial Way, Tustin, CA 92780 (714) 573-3100 NEGATIVE DECLARATION Project Title: Code Amendment 98-004 Project Location: City of Tustin 300 Centennial Way Tustin, CA 92780 Project Description: Project Proponent: Lead Agency Contact Person: Minoo Ashabi An Amendment to the City's Zoning Code revising the minimum site size for exiting development to be consistent with the underlying zoning requirements. : City of Tustin TelePhone: 714/573-3126 The Community Development Department has conducted an Initial Study for the above project in accordance with the City of Tustin's procedures regarding implementation of the California Environmental Quality Act, and on the basis of that study hereby finds: That there is no substantial evidence that the project may have a significant effect on the enviroment. That potential significant effects were identified, but revisions have been included ih the project plans and agreed to by the applicant that would avoid or mitigate the effects to a point where clearly no significant effects would occur. Said Mitigation Measures are included in Attachment A of the Initial Study which is attached hereto and incorporated herein. Therefore, the preparation of an Environmental Impact Report is not required. The Initial Study which provides the basis for this determination is attached and is on file at the Community Development Department, City of Tustin. The public is invited to comment on the appropriateness of this' Negative Declaration during the review period, which begins with the public notice of Negative Declaration and extends for twenty (20) calendar days. Upon review by the Community Development Director, this review period may be extended if deemed necessary.' REVIEW PERIOD ENDS 4:00 P.M. ON OCTOBER 26, 1998 Date 9/30/98 ~///~~ ~.~-~~ Elizabeth A. B insack Community Development Director COMMUNITY DEVELOPMENT DEPARTMENT 300 Centennial Way, Tustin, CA 92780 (7 4) INITIAL STUDY A. BACKGROUND Project Title: Code Amendment 98-004 Lead Agency: City of Tustin 300 Centennial Way Tustin, California 92780 Lead Agency Contact Person: Minoo Ashabi Phone: 7141573-3126 Project Location: Area bounded by Prospect Avenue, Sixth Street, First Street and the 55 Freeway, all properties within the Cultural Resources Overlay District Project Sponsor's Name and Address: City of Tustin General Plan Designation: Low Density, Medium Density and High Density Residential Zoning Designation: R-l, R-3 underlying zoning with the Cultural Resources OVerlay District Project Description: An amendment to the City's Zoning Code revising the minimum site size for existing development to be consistent with the underlying zoning requirements. Surrounding Uses: North: Commercial East: Commercial and Mobile Homes South: Industrial and Commercial West: SR-55 Other public agencies whoSe approval is required: [--] Orange County Fire Authority [--] City of Irvine [-'] Orange County Health Care Agency [-] City of santa Ana [-] South Coast Air Quality Managemem ~'] Orange County EMA District Other B. ENVIRONMENTAL FACTORS POTENTIALLY AFFECTED The environmental factors checked below would be potentially affected by this project, involving at least one impact that is a "Potentially Significant Impact" as indicated by the checklist in Section D below. [-]Land Use and Planning ~Population and Housing [-]Geological Problems [-]Water [--]Air Quality [--]Transportation & Circulation [~]Biological Resources [--]Energy and Mineral Resources [--]Hazards [~qoise [-]Public Services [~Utilities and Service Systems ~]Aesthetics ['-]Cultural Resources [--IRecreation [--]Mandatory Findings of Significance C. DETERMINATION: On the basis of this initial evaluation: [5(] I find that the proposed project COULD NOT have a significant effect on the environment, and a NEGATIVE DECLARATION will be prepared. [-] I find that although the proposed project could have a significant effect on the environment, there will not be a significant effect in this case because the mitigation measures described on an attached sheet have been added to the project. A NEGATIVE DECLARATION will be prepared. [--] I find that the proposed project MAY haVe a significant effect on the environment, and an ENVIRONMENTAL IMPACT REPORT is required. [--] I find that the proposed project MAY have a significant effect(s) on the environment, but at least one effect 1) has been adequately analyzed in an earlier document pursuant to applicable legal standards, and 2) has been addressed by mitigation measures based on the earlier analysis as described on attached sheets, if the effect is a "Potentially Significant Impact" or "Potentially Significant Unless Mitigated." An ENVIRONMENTAL IMPACT REPORT is required, but it must analyze only the effects that remain to be addressed. I find that although the proposed project could have a significant effect on the environment, there WILL NOT be a significant effect in this case because all potentially significant effects 1) have been analyzed adequately in an earlier EIR pursuant to applicable standards, and 2) have been avoided or mitigated pursuant to that earlier EIR, including revisions or mitigation measures that are imposed upon the proposed project. I find that although the proposed project could have a significant effect on the environment, there WILL NOT be a significant effect in this case because all potentially significant effects 1) have been analyzed adequately in an earlier NEGATIVE DECLARATION pursuant to applicable standards, and 2) have been avoided or mitigated pursuant to that earlier NEGATIVE DECLARATION, including revisions or mitigation measures that are imposed upon the proposed project. atari' Sign Date Print Name Minoo Ashabi Title Assistant planner D. ENVIRONMENTAL IMPACTS: Earlier analyses used: Available for review at: City of Tustin Community Development Department 1. LAND USE & PLANNING - Would the proposal: a) Conflict with general plan designation or zoning? b) Conflict with applicable environmental plans or policies adopted by agencies with jurisdiction over the project? c) Be incompatible with existing land uses in the vicinity? d) Affect agricultural resources or operations? e) Disrupt or divide the physical arrangement of an established community (including a low-income or minority community)? 2. POPULATION & HOUSING- Would the proposal: a) Cumulatively exceed official regional or local population projections? b) Induce substantial growth in an area either directly or indirectly (e.g., through projects in an undeveloped area or extension of major infrastructure)? c) Displace existing housing, especially affordable housing? 3. GEOLOGIC PROBLEMS - Would the proposal result in or expose people to potential impacts involving: a) Fault rupture? b) Seismic ground shaking? c) Seismic ground failure, including liquefaction? d) Seiche, tsunami, or volcanic hazard? e) Landslides or mudflows? 0 Erosion, changes in topography or unstable soil conditions from excavation, grading, or fill? g) Subsidence of land? h) Expansive soils? i) Unique geologic or physical features? 4. WATER- Would the proposal result in: a) Changes in absorption rates, drainage patterns, or the rate and amount of surface runoff?. b) Exposure of people or property to water related hazards such as flooding? c) Discharge into surface waters or other alteration of surface water quality (e.g., temperature, dissolved oxygen or turbidity)? d) Changes in the amount of surface water in any water body? e) Changes in currents, or the course or direction of water movements? Potentially Significant Impact Potentially Significant Unless Mitigation Incorporated Less than Significant Impact No Impact 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 f) Change in the quantity of ground waters, either through direct additions or withdrawals, or through interception of an aquifer by cuts or excavations or through substantial loss of groundwater recharge capability? g) Altered direction or rate of flow of groundwater? h) Impacts to groundwater quality? i) Substantial reduction in the amount of groundwater otherwise available for public water supplies? 5. AIR QUALITY - WouM the proposal: . ge a) Violate any air quality standard or contribute to an existing or projected air quality violation? b) Expose sensitive receptors to pollutants? c) Alter air movement, moisture, or temperature, or cause any change in climate? d) Create objectionable odors? TRANSPORTATION & CIRCULATION- WouM the proposal result in: a) Increased vehicle trips or traffic congestion? b) Hazards to safety from design features (e.g., sharp curves or dangerous intersections) or incompatible uses (e.g., farm equipment) c) Inadequate emergency access or access to nearby uses? d) Insufficient parking capacity onsite or offsite? e) Hazards or barriers for pedestrians or bicyclists? f) Conflicts with adopted policies supporting alternative transportation (e.g. bus turnouts, bicycle racks)? g) Rail, waterborne or air traffic impacts? BIOLOGICAL RESOURCES - Would the proposal result in impacts to: a) Endangered, threatened or rare species or their habitats (including but not limited to plants, fish, insects, animals, and birds? b) Locally designated species (e.g., heritage trees)? c) Locally designated natural communities (e.g., oak forest, coastal habitat, etc.)? d) Wetland habitat (e.g., marsh, riparian, and vernal po61)? e) Wildlife dispersal or migration corridors? ENERGY & MINERAL RESOURCES - Would the proposal: a) Conflict with adopted energy conservation plans? b) Use nonrenewable resources in a wasteful and inefficient manner? c) Result in the loss of availability of a known mineral resource that would be of future value to the region? Potentially Significant Impact ntially Significant Unless Mitigation Incorporated Less than Significant Impact No Impact [2] [2] 0 [2] 0 0 0 0 0 0 -0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 9. HAZARDS - Would the proposal involve: a) A risk of accidental explosion or release of hazardous substances (including, but not limited to, oil, pesticides, chemicals, or radiation)? b) Possible interference with emergency response plan or emergency evacuation plan? c) The creation of any health hazard or potential health hazard? d) Exposure of pe°Ple to existing sources of potential health hazards? e) Increased fu'e hazard in areas with flammable brush, grass, or trees? 10. NOISE - Would the proposal result in: 11. 12. a) Increases in existing noise levels? b) Exposure of people to severe noise levels? PUBLIC SERVICES - Would the proposal have an affect upon, or result in a need for new or altered government services in any of the following areas: a) Fire protection? b) Police protection? c) Schools? d) Maintenance of public facilities, including roads? e) Other government services? UTII~ITIES & SERVICE SYSTEMS- WouM the proposal result in a need for new systems or supplies, or substantial alterations to the following utilities: a) Power or natural gas? b) Communications systems? c) Local or regional water treatment or distribution facilities? d) Sewer or septic tanks? e) Storm water drainage? f) Solid waste disposal? g) Local or regional water supplies? 13. AESTHETICS - Would the proposal: a) Affect a scenic vista or scenic highway? b) Have a demonstrable negative aesthetic effect? c) Create light or glare? Potentially Significant Impact Pc ally Significant Unless Mitigation Incorporated Less than Significant Impact No Impact 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 14. CULTURAL RESOURCES - WouM the proposal?: a) Disturb paleontological resources? b) Disturb archaeological resources? c) Have the potential to cause a physical change which would affect unique ethnic cultural values? d) Restrict existing religious or sacred uses within the potential impact area? 15. RECREATION - WouM the proposal: a) Increase the demand for neighborhood or regional parks or other recreational facilities? b) Affect existing recreational opportunities? 16. MANDATORY FINDINGS OF SIGNIFICANCE Does the project have the potential to degrade the quality of the environment, substantially reduce the habitat of a fish or wildlife species, cause a fish or wildlife population to drop below self-sustaining levels, threaten to eliminate a plant or animal community, reduce the number or restrict the range of a rare or endangered plant or animal or eliminate important examples of the major periods of California history or prehistory b) Does the project have the potential to achieve short-term to the disadvantage of long-term, environmental goals? c) Does the project have impacts that are individually limited, but cumulatively considerable? ("Cumulatively considerable" means that the incremental effects of a project are considerable when viewed in connection with the effects of past projects, the effects of other current projects, and the effects of probable future projects). d) Does the project have environmental effects which will cause substantial adverse effects on human beings, either directly or indirectly? · ntially Significant Potentially Unless Less than Significant Mitigation Significant Impact Incorporated Impact No Impact 0 0 0 0 0 0 0 g~ EVALUATION OF ENVIRONMENTAL IMPACTS Please refer to Attachment A for an evaluation of the environmental impacts identified in Section D above. ATTACHMENT A EVALUATION OF ENVIRONMENTAL IMPACTS CODE AMENDMENT 98-004 REVISION TO SITE DEVELOPMENT STANDARDS RELATED TO EXlSTNG LOTS BACKGROUND The "project" includes an amendment to the Tustin City Code, Cultural Resources Overlay District development standards, clarifying that: . The minimum lot sizes specified in the Cultural Resources (CR) Overlay District apply only to the creation of new lots within the CR District; and, . Development of existing lots within the CR District may proceed consistent with the underlying residential zoning District. The following are the residential site development standards for the CR Overlay District: · Minimum single-family lot size: · Minimum multiple-family lot size: 10,000 square feet 15,000 square feet However, the Single Family Residential (R-l) and Multiple Family Residential (R-3) underlying Zoning Districts identify the following minimum lot sizes: · R-l: 7,200 square feet · R-3: 7,000 square feet Presently, the CR District indicates that if a conflict exists between the requirements of the CR District and'the underlying residential district, the CR District shall prevail. Although the larger lot requirement was intended for new subdivision, the code does not distinguish between existing and future lots. The Code Amendment would allow single family and multiple family residential development if a Parcel could meet all the requirements of the underlying zoning. The amendment would only apply to the residential zoned properties in the Cultural Resources District bounded by C Street the east, Sixth Street to the south, the SR-55 Freeway to the west and the First street to the north. The area contains single family and multiple family residential dwellings. There is no physical development as part of the Code Amendment and all impact categories have been identified in the Initial Study as "No Impact." The amendment will not create significant environmental impacts nor does it have the potential to degrade the quality of the environment. The amendment does not have the potential to achieve short-term environmental goals to disadvantage of long-term environmental goals. The amendment has no environmental effects, which are individually limited but cumulatively considerable. Any environmental effects will not cause substantial adverse effects to human beings, either directly or indirectly. The amendment is regulatory in nature. VVhen future applications are submitted to the City in compliance with these provisions, independent environmental review will occur at that time. AttachmentA - Evaluation of Environmental Impacts CA 98-004 Page 2 1. LAND USE & PLANNING Items a thru e - "No Impact": The project area is designated by the General Plan Land Use Map as Low Density, Medium Density and High Density Residential. The properties affected by this code amendment are zoned Single Family and Multiple Family Residential (R-1 and R-.3) with the Cultural Resources District as an overlay zoning. The Code Amendment will not include any new uses not already permitted in the underlying zoning regulations and there would be no revisions to the development standards of the underlying zoning and new subdivisions. The proposed project would not result in alterations of Present land uSes in the vicinity, nor does it conflict with the General Plan or applicable environmental policies. Sources: City of Tustin General Plan and Zoning Code Tustin Community Development Department Field observations Miti,qation/MonitoringRequired: None required. . POPULATION & HOUSING Items a, b and c - "No Impact": The Code Amendment would apply to an area of the City developed with historic residential structures within single and multiple family residential districts. The proposed development would not result in any substantial increase in population affecting population projections and there would be no change in the densities. Sources: City of Tustin General Plan and Zoning Code Field observations Miti,qation/MonitorinqRequired: None Required. . GEOLOGICAL PROBLEMS Items a thru i - "No Impact": The project area is relatively fiat in its topographical featureS. The Code Amendment may result in future proposals to construct additions to existing homes or new dwelling units. Any future applications will be individually reviewed for compliance with the applicable codes and independent environmental review would be considered at that time. AttachmentA - Evaluation of Environmental Impacts CA 98-004 Page 3 4. WATER Items a throu,qh i - "No Impact": The project area is within an existing residential area, and is not located near any standing or moving bodies of water. As a result, the amount of surface water and direction of water movement will not change. Source: Field Observations Tustin Community Development Department Miti,qation/MonitorinqRequired: None Required. o AIR QUALITY Items a through d - "No ImPacts": The Code Amendment would not result in substantial air emission or deterioration of ambient 'air quality, nor would it alter air movement, moisture, temperature or cause any changes in climate, or create objectionable odors. Sources: Field Observations Tustin Community Development Department Miti.qation/Monitorin.qRequired: None Required. . TRANSPORTATION & CIRCULATION Items a throu,qh ,q - "No Impact": Sinc~e the Code Amendment is regulatory in nature, no physical development is proposed. Any future applications will be individually reviewed for compliance with the applicable. codes and independent environmental review would be considered at that time. Sources: Field Verification Tustin Community Development Department Tustin Public Works Department Mitigation/Monitorin.qRequired: None Required. AttachmentA - Evaluation of Environmental Impacts CA 98-004 Page 4 . BIOLOGICAL RESOURCES Items a thru e - "No Impact": The project area is located within an urban area and developed with existing single family and multiple family dwellings. The site is free from any unique, rare or endangered species of plant or animal life. New development associated may introduce new landscaping and specimen trees into the area consistent with the requirements of the City of Tustin's Landscape and Irrigation Guidelines. Source: Field Observations Proposed Development Plans. Miti.qation/Monitodng: None Required. , ENERGY & MINERAL RESOURCES Items a, b and c -"No Impact": The Code Amendment will not conflict with any adopted conservation plans nor will it result in the loss of availability'of known mineral resource. Sources: Field Verification Tustin Community Development Department Mitigation/Monitoring Required: None Required. . HAZARDS Items a through e - "No Impact": The Code Amendment will not create conditions that negatively affect human health. The proposed project will not result in significant hazards (i.e. explosion, hazardous materials spill, interference with emergency response plans, etc.) Sources: Uniform Building and Fire Codes Mitigation/Monitoring Required: None Required. AttachmentA - Evaluation of Environmental Impacts CA 98-004 Page 5 10. NOISE Item a and b -"No Impact": The Code Amendment will not increase the existing noise levels nor. it will expose persons to severe noise levels. Any future applications will be individually reviewed for compliance with the applicable codes and independent environmental review would be considered at that time. Sources: Tustin City Code. Mitigation/Monitoring Required: None Required. 11. PUBLIC SERVICES Item a thru e - "No Impact": The Code Amendment would not create demand for additional maintenance of public facilities and roads. Considering the small number of additional residential development that may occur the expected increase will not significantly affect the need for fire and police protection, nor is it significant in school or government services demand. Sources: Field Verification Submitted Plans Tustin City Code Miti.qation/MonitodngRequired: None Required. 12. UTILITIES & SERVICE SYSTEMS Items a through g - "No Impact": The project area is located within an existing residential area with all utilities available to the site. Sanitary sewer, storm drain and water capacities required for the project are existing and have been designed to accommodate residential development in the area, and are therefore adequate to serve the proposed project. Any future applications will be individually reviewed for compliance with the applicable codes and independent environmental review would be considered at that time. Sources: Field Verification Submitted Plans Mitigation/MonitoringRequired: None required. AttachmentA - Evaluation of Environmental Impacts CA 98-004 Page 6 13. AESTHETICS Item a, b, and c - "No Impact": The project area is not located on a scenic highway nor will it affect a scenic vista. Any new construction would have to be consistent with the requirements of the Cultural Resources District and shall incorporate the Residential Design Guidelines designed to minimize any negative impacts to the Historical Resources. Any future applications will be individually reviewed for compliance with the applicable codes and independent environmental review would be considered at that time. Sources: Field VerificatiOn Tustin City Code Residential Design Guidelines 14. CULTURAL RESOURCES Item a through d - "No Impact": The proposed project area is located within the City's Cultural. Resources Overlay District, and contains historically significant structures. The Code Amendment will have no impacts on cultural resources whereas all development in the area is already subject to be in compliance with the Residential Design Guidelines previously prepared with the formation of the Cultural Resources District. When future applications are submitted for new additions or dwelling units, they would be required to be designed to minimize any impact to the existing structures on the site or on adjacent properties. Independent environmental review will occur at that time. Source: City of Tustin Historical Resources Survey Tustin Community Development Department Field Verification Mitigation/MonitoringRequired: None Required. 15. RECREATION Items a and b - "No Impact": The potential in the increased population is minimal. Any increase in demand for neighborhood parks or recreational facilities are determined to be less than significant. Sources: Tustin City Code Miti.qation/MonitoringRequired: None Required. AttachmentA - Evaluation of Environmental Impacts CA 98-004 Page 7 16. MANDATORY FINDINGS OF SIGNIFICANCE Items a thru d - "N° Impact": The Code Amendment will not cause negative impacts to wildlife habitat, nor achieve any short-term environmental goals to the disadvantage of long-term goals, nor have impacts which are potentially individually limited but are cumulatively considerable, nor will the project cause substantial adverse effects on human beings. Source: As stated above Mitigation/Monitoring Required: As stated above. MA: negdec-CA98005.doc RESOLUTION NO. 98-97 ]0 ]4 ]5 ]7 20 2.] 23 24 25 27 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TUSTIN, ADOPTING THE.FINAL NEGATIVE DECLARATION AS ADEQUATE FOR CODE AMENDMENT 98-004 INCLUDING REQUIRED FINDINGS PURSUANT TO THE CALIFORNIA ENVIRONMENTAL QUALITY ACT. The City Council of the City of Tustin does hereby resolve as follows: I. The City Council finds and determines as follows: II. Ao Code Amendment 98-004 is considered a "project" pursuant to the terms of the California Environmental Quality Act. B. A Negative Declaration has been prepared for this project and has been distributed for public review. C. Whereas, the Planning Commission and City Council of the City of Tustin have considered evidence presented by the Community Development Director and other interested parties. with respect to the subject Negative Declaration. D. The Planning Commission and City Council have evaluated the proposed final Negative Declaration and determined it to be adequate and complete. A Final Negative Declaration has been completed in compliance with CEQA and state guidelines. The City Council has received and considered the information contained in the Negative Declaration, prior to approving the proposed 'project, and found that the Negative Declaration adequately discussed the environmental effects of the proposed project. On the basis of the initial study and comments received during the public review process, the City Council has found that the proposed projects would not have impacts on the environment. The City Council further finds that the project will not have an effect on wildlife resources, either individually or cumulatively, and makes a de minimus impact finding pursuant to Fish and Game Code Section 711.4. ]0 ]2 ]4 ]5 2O 2] 24 2? Resolution No. 98-97 Page 2 PASSED AND ADOPTED at a regular meeting of the Tustin City Council, held on the 2nd day of November, 1998. THOMAS R. SALTARELLI Mayor PAMELA STOKER. City Clerk STATE OF CALIFORNIA ) COUNTY OF ORANGE ) CITY OF TUSTIN ) SS 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 for~egoing Resolution No. 98-97 was duly passed and adopted at a regular meeting of the Tustin City Council, held on the 2nd day of November, 1998, by the following vote: COUNCILMEMBERAYES: COUNCILMEMBER NOES: · COUNCILMEMBERABSTAINED: COUNCILMEMBER ABSENT: PAMELA STOKER CITY CLERK 10 ]2 14 20 22 23 24 25 29 ORDINANCE NO. 1207 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TUSTIN, CALIFORNIA, APPROVING CODE AMENDMENT 98-004, AN AMENDMENT TO TUSTIN CITY CODE SECTION 9252j2b RELATED TO RESIDENTIAL DEVELOPMENT STANDRDS IN THE CULTURAL RESOURCES DISTRICT. The City Council of the City of Tustin does hereby ordain as follows: I. The City Council finds and determines: A. That amendments to Tustin City Code Section 9252j2b related to residential development standards have been prepared. B. That a public hearing was duly noticed, called and held on said application on November 2, 1998 by the Planning Commission and on November 16, 1998 by the City Council. C. It has been determined that this project would not have a significant effect on the environment and a Negative Declaration has been prepared. D. The proposed amendments are regulatory in nature and would provide consistency with the original intention of the Cultural Resources District development standards. E. The proposed amendments are consistent with the General Plan, particularly the Land Use Element. by ensuring consistency between the General Plan and the Zoning Code. II. The City Council hereby approves amendments to the Tustin City Code as follows: A. Section 9252jb shall be revised to read: "(b) Site development standards (apPliCable t°.creati0n°f new i°ts only): (2) Minimum single-family lot size: 10,000 square feet. Minimum multiple-family lot size: 15,000 square feet. Development °f existing I°tS:Within the CR District may proceed consistent with the underlying residential zoning Distqcti" l0 ]4 I? 20 24 25 26 27 )rdinance No. 1207 Page 2 PASSED AND ADOPTED by the City Council of the City of Tustin at a regular meeting held on the 16th day of November 1998. THOMAS R. SALTARELLI Mayor ~AMELA STOKER 2,ity Clerk ORDINANCE CERTIFICATION STATE OF CALIFORNIA ) COUNTY OF ORANGE ) CITY OF TUSTIN ) SS ORDINANCE NO. 1207 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 members of the City Council of the City of Tustin is five; that the above and foregoing Ordinance No. 1207 was duly and regularly introduced and read at the regular meeting of the City Council held on the 2nd day of November, 1998 and was given its second reading, passed and adopted at a regular meeting of the City Council held on the 16th day of November, 1998 by the following vote: COUNCILPERSONS AYES: COUNCILPERSONS NOES: COUNCILPERSONS ABSTAINED: COUNCILPERSONS ABSENT: PAMELA STOKER, City Clerk Published: