HomeMy WebLinkAbout06 SECOND READING ORDINANCE NO. 1448 (RESPITE PARK)Agenda Item 6
AGENDA REPORT R City Manager
Finance Director TNIA
MEETING DATE: OCTOBER 21, 2014
TO: JEFFREY C. PARKER, CITY MANAGER
FROM: ERICA N. RABE, CITY CLERK SERVICES SUPERVISOR
SUBJECT: SECOND READING AND ADOPTION OF ORDINANCE NO. 1448
SUMMARY:
Ordinance No. 1448 approves Zone Change 2014 -002 amending the zoning
designation from Central Commerical (C2) to Public and Institutional (P &I) for a property
located at 450 El Camino Real to accommodate an existing public park use.
RECOMMENDATION:
Have second reading by title only and adoption of Ordinance No. 1448 (roll call vote).
BACKGROUND:
On October 7, 2014, the City Council had first reading by title only of the following
Ordinance:
ORDINANCE NO. 1448
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TUSTIN, CALIFORNIA,
APPROVING ZONE CHANGE 2014 -002 AMENDING THE ZONING DESIGNATION
FROM CENTRAL COMMERCIAL (C2) TO PUBLIC AND INSTITUTIONAL (P &I) FOR A
PROPERTY LOCATED AT 450 EL CAMINO REAL TO ACCOMMODATE AN
EXSITING PUBLIC PARK USE
ORDINANCE NO. 1448
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY
OF TUSTIN, APPROVING ZONE CHANGE 2014 -002
AMENDING THE ZONING DESIGNATION FROM
CENTRAL COMMERCIAL (C2) TO PUBLIC AND
INSTITUTIONAL (P &I) FOR A PROPERTY LOCATED AT
450 EL CAMINO REAL TO ACCOMMODATE AN
EXISTING PUBLIC PARK USE.
The City Council of the City of Tustin does hereby ordain as follows:
SECTION 1. The City Council finds and determines as follows:
A. That a proper application has been submitted by the Successor Agency
to the Tustin Community Redevelopment Agency to change the zoning
designation from Central Commercial (C2) to Public and Institutional
(P &I) to accommodate a small public park use at 450 El Camino Real.
B. That a public hearing was duly called, noticed, and held on said
application on September 9, 2014, by the Planning Commission.
Following the public hearing, the Planning Commission adopted
Resolution No. 4265 recommending that the Tustin City Council
approve Zone Change (ZC) 2014 -002 by adopting Ordinance No. 1448.
C. That a public hearing was duly called, noticed, and held on said
application on October 7, 2014, by the City Council.
D. That the proposed zone change is consistent with the General Plan in
that the Old Town Commercial General Plan Land Use Designation
includes public /institutional facilities as an acceptable use. The public
park use is appropriate under the General Plan Old Town Commercial
Land Use Element designation in that the public park serves as a
public /institutional facility benefiting the public at large. ZC 2014 -002
implements the following goals and policies of the General Plan Land
Use Element:
1. Goal 1: Provide for a well - balanced land use pattern that
accommodates existing and future needs for housing, commercial
and industrial land, open space and community facilities and
services, while maintaining a healthy, diversified economy adequate
to provide future City services.
2. Policy 1.11: Where feasible, increase the amount and network of
public and private open space and recreational facilities which will be
Ordinance No. 1448
Page 1 of 5
adequate in size and location to be usable for active or passive
recreation as well as for visual relief.
3. Goal 10: Improve and strengthen the Tustin Old Town /First Street
area with a unique pedestrian environment and diverse mix of goods,
services, and uses.
E. That the proposed amendment to the zoning district is in the best
interest of the public and ensures consistency between the General
Plan, Zoning Ordinance and the existing use in that:
1. The proposed ZC to P &I District would be compatible with the
adjacent C2 Zoning Districts in that the zoning designation would
allow the existing public park use, with approval of a conditional use
permit.
2. The proposed ZC to P &I District would result in a situation that is
typical of P &I zones with public parks where it is surrounded by other
zoning designations and that the nature of P &I zones is to serve the
surrounding community and land uses.
F. That the park on the subject property has existed since 2007. The
proposed use would not have any impacts to the area since the
property is already a respite park and no new modifications are
proposed.
G. That the park is a positive feature and amenity in the Old Town area in
that open space and public park areas in Old Town are limited and the
zone change would expand open space and recreation opportunities in
the immediate area.
H. That the park enhances the variety of uses and activities in the Old
Town urban setting and provides more activity options for the Old Town
residents and visitors.
That this project has been determined to be exempt pursuant to California
Environmental Quality Act (CEQA) Section 15061(b)(3) in that CEQA
applies only to projects which have the potential for causing a significant
effect on the environment. If adopted, the proposed ZC and CUP would
ensure consistency between the General Plan and Zoning designations
and would allow existing park use. The proposed project has no
possibility for significant effect on the environment, therefore, the project
is not subject to CEQA.
SECTION 2. The City Council hereby adopts Ordinance No. 1448 (Zone Change
2014 -002), amending the Zoning designations of the subject property
Ordinance No. 1448
Page 2 of 5
from Central Commercial (C2) to the Public and Institutional (P &I) zoning
district, as identified in Exhibit 1 attached hereto.
SECTION 3. Severability
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 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.
PASSED AND ADOPTED, at a regular meeting of the City Council for the City of
Tustin on this 21St day of October, 2014.
ELWYN A. MURRAY,
Mayor
ATTEST:
JEFFREY C. PARKER,
City Clerk
Ordinance No. 1448
Page 3 of 5
APPROVED AS TO FORM:
DAVID E. KENDIG,
City Attorney
STATE OF CALIFORNIA )
COUNTY OF ORANGE ) ss.
CITY OF TUSTIN )
CERTIFICATION FOR ORDINANCE NO. 1448
I, JEFFRY C. PARKER, 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 5; that the above and foregoing Ordinance No.
1448 was duly and regularly introduced and read at the regular meeting of the City
Council held on the 7th day of October, 2014, and was given its second reading,
passed and adopted at a regular meeting of the City Council held on the 21st day of
October, 2014, by the following vote:
COUNCILPERSONS AYES:
COUNCILPERSONS NOES:
COUNCILPERSONS ABSTAINED:
COUNCILPERSONS ABSENT:
JEFFRY C. PARKER
City Clerk
Ordinance No. 1448
Page 4 of 5
EXHIBIT 1
ORDINANCE NO. 1448
Proposed Zone Change 2014 -002
Existing
Proposed