HomeMy WebLinkAboutORD 1448 (2014)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
adequate in size and location to be usable for active or passive
recreation as well as for visual relief.
Ordinance No. 1448
Page 1 of 5
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 from Central
Commercial (C2) to the Public and Institutional (P &I) zoning district, as
identified in Exhibit 1 attached hereto.
Ordinance No. 1448
Page 2 of 5
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 21" day of October, 2014.
s
Ordinance No. 1448
Page 3 of 5
APPROVED AS TO FORM:
,
DAVID E. KEND G,
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 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 215` day of October, 2014, by the
following vote:
COUNCILPERSONS AYES: Murray, Puckett, Nielsen, Gomez, Bernstein (5)
COUNCILPERSONS NOES: None (0)
COUNCILPERSONS ABSTAINED: None (0)
COUNCILPERSONS ABSENT: None (0)
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JEFFRY
City Cler
Ordinance No. 1448
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I:XHIIIIT 1
ORDINANCI: NO. 1448
Proposed one Change 2014-002
Ordinance No. 1448
Page 5 of 5
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