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HomeMy WebLinkAbout10 CODE AMEND 97-001 11-17-97DATE' NOVEMBER 17, 1997 Inter- NO. 10 11-17-97 TO: FROM: SUBJECT: WILLIAM A. HUSTON, CITY MANAGER OFFICE OF THE CITY CLERK ORDINANCE NO. 1189, CODE AMENDMENT 97-001 (CITY OF TUSTIN) RECOMMENDATION: Have second reading by title only and adoption of Ordinance No.. 1189 (roll call vote). BACKGROUND: The following Ordinance No. 1189 had first reading and introduction at the November 3, 1997 City Council meeting: ORDINANCE NO. 1189 - AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TUSTIN, CALIFORNIA, APPROVING AN AMENDMENT TO TUSTIN CITY CODE SECTION 9224b, PLANNED. DEVELOPMENT DISTRICT, TO IDENTIFY HOME OCCUPATIONS AS OUTRIGHT PERMITTED USES CONSISTENT WITH OTHER RESIDENTIAL ZONING DISTRICTS Valerie Crabill Chief Deputy City Clerk 1 :ORDMEMO 1 ORDINANCE NO. 1189 10 11 12 13 14 15 16 17 18 19 2O 21 22 23 24 25 26 27 28 AN'ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TUSTIN, CALIFORNIA, APPROVING AN AMENDMENT T© TUSTIN CITY CODE~ SECTION 9224b, PLANNE~ DEVELOPMENT DISTRICT, TO IDENTIFY HOME OCCUPATIONS AS OUTRIGHT PERMITTED USES CONSISTENT WITH OTHER RESIDENTIAL ZONING DISTRICTS. The City Council of the City of Tustin does hereby ordain as follows: Section I The City Council finds and determines: a~ That an amendment to Tustin City. Code Section 9224b, Planned Development District, has been prepared to identify Home Occupations as outright permitted uses consistent with other residential zoning districts. S · That a public hearing was duly noticed, called and held on said application on October 13, 1997 by the Planning Commission and. November 3, 1997 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. De The proposed amendment is regulatory in nature and would provide consistency for the application and p~ocessing of Home Occupations within other residential zoning districts throughout the City. E · The proposed amendment is consistent with the General Plan, particularly the Land Use Element' by ensuring consistency between the General Plan and the Zoning Code. Section II Section 9224b of the Tustin Zoning Code is hereby amended to read as follows: b. Conditionally Permitted' Uses Any use permitted in any "R" District is permitted in the Planned Development District (PD), subject to 'a use permit, except that Home Occupations in 'accordance with this Chapter are allowed'as outright permitted uses. Any application for a use in this district shall be accompanied by complete develOpment plans and architectural sketches showing the site used for planned development; the CharaCter and use of adjoining land, the design and character, general size, location and use of all buildings and structures 10 11 12 13 14. 15 16 17 18 19 20 21 22 23 24 25 26 27 28 Ordinance No. 118_ Page 2 to be placed on the site, and the location ~nd dimensions of streets, parking areas and other uses. (Ord. No. 175, Sec 2). o Condominiums as defined in Section 1350 of the Civil Code. . Community apartment project as defined in Section 11004 of the Business and Professions Code. · Stock cooperatives as defined in Section 11003.2 of the Business and Professions Code. 4. Bungalow courts. 5. Apartment houses. . One permanent resident manager's office devoted solely to the rental of the dwelling units on the same parcel, provided said office and surrounding grounds retain a residential character. 7. Accessory buildings. . Ail uses that are subject to a Conditional Use Permit in the R-1 District. . Senior citizen develoPments, rest homes for the aged, · provided all provisions set forth for this district are complied with. 10. Day nursery. 11. Large family day care homes, caring for seven (7) to twelve (12) children subject to the standards contained in the R-1 District regulations, (Section 9223a6.) (Ord. No. 911, Sec. 4, '5-21-84). section III I , , "' '"' If any section, subsection sentence clause phraSe or ~ portion of this ordinance is for any reason held out· be ~ invalid or undonstitutional 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. 10 11 12 13 14 15 16 17 18 19 20 22 23 24 25 26 27 Ordinance No. 11£ Page 3 o 3 'PASSED AND ADOPTED by the City Council of the City of Tustin at a regular meeting held on the 17th of NOvember 1997. 4 JEFFERY M. THOMAS, Mayor PAMELA STOKER, City Clerk ORDINANCE CERTIFICATION STATE OF CALIFORNIA ) COUNTY OF ORANGE ) ss. CITY OF TUSTIN ) ORDINANCE NO. 1189 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 was duly and regularly ihtroduced and read at the regular meeting of the City Council held on the 3rd day of November, 1997 and was given its second reading, passed and adoPted at a regular meeting of the City Council held on the 17th day of November, 1997 by the following vote: COUNCILPERSONS AYES: COUNCILPERSONS NOES: COUNCILPERSONS ABSTAINED: COUNCILPERSONS ABSENT: PAMELA STOKER, city Clerk Published: