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Home My WebLink About12 Z.C. 94-006 03-06-95NO. 12 3-6-95 ATE: MARCH 6, 1995 Inter-Com TO: FROM: SUBJECT: WILLIAM A. ~Ug?ON, CITY MANACER OFFICE OF-THE CITY CLERK ORDINANCE NO. 1145 - ZONE CHANGE 94-006 (CALIFORNIA PACIFIC ao~s) RECOMMENDATION: Have second reading by title only and adoption of Ordinance No. 1145 (roll call vote). BACKGROUND: The following Ordinance No. 1145 had first reading by title only and introduction at the February 21, 1995 City Council meeting: ORDINANCE NO. 1145 -AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TUSTIN, CALIFORNIA, APPROVING ZONE CHANGE 94-006 TO AMEND SUBSECTION "a" OF SECTION 3.6.3.C3 OF THE EAST TUSTIN SPECIFIC PLAN ENTITLED "PROJECTIONS INTO REQUIRED SETBACKS" RELATED TO THE DEVELOPMENT STANDARDS FOR THE CONSTRUCTION OF PATIO COVER AND TRELLIS STRUCTURES WITHIN PATIO HOME DEVELOPMENT Valerie Crabill Chief Deputy City Clerk 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 ORDINANCE NO. 1145 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TUSTIN, CALIFORNIA, APPROVING ZONE CHANGE 94-006 TO AMEND SUBSECTION "a" OF SECTION 3.6.3.C3 OF THE EAST TUSTIN SPECIFIC PLAN ENTITLED "PROJECTIONS INTO REQUIRED SETBACKS" RELATED TO THE DEVELOPMENT STANDARDS FOR THE CONSTRUCTION OF PATIO COVER AND TRELLIS STRUCTURES WITHIN PATIO HOME DEVELOPMENTS. The City Council of the City of~Tustin does hereby ordain as follows: I. The City Council finds and determines as follows: ae That an application has been filed by 'California Pacific Homes,. requesting approval of Zone Change 94-006 to amend Subsection "a" of Section 3.6.3.C3 of the East Tustin Specific Plan entitled "Projections into Required Setbacks" related to the development standards for the construction of patio cover and trellis structures within Patio Home developments. Be That a public hearing was duly notice, called and held on said application on February 13, 1995 by the Planning Commission and on February 21, 1995 by the City Council. Ce That an Environmental Impact Report (EIR 85-2 for the East Tustin Specific Plan) has been previously certified in conformance with the requirements of the California Environmental Quality Act for the subject project. De Proposed Zone Change 94-006 would not be detrimental to the public health, safety and general welfare in that the amendments would provide for flexibility in locating patio cover structures while insuring that the Uniform Building Code requirements for separation of structures would be satisfied. Eo Proposed Zone Change 94-006 would be consistent with the City's General Plan, particularly the Land Use Element in that the amendments would provide for orderly development. 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 ~7 28 Ordinance No. 1145 Page 2 II. NOW, THEREFORE, the City Council of the City of. Tustin DOES HEREBY ORDAIN as follows: Section 1. Subsection "a" of Section 3.6.3.C3 of the East Tustin Specific Plan entitled '"Projections.into Required Setbacks" is hereby amended to read as follows, subject to the conditions contained in Exhibit A attached hereto: "Covered patio, trellis or canopies may project into the required setbacks provided that they do not cover more than 50 percent of the private open space and comply with the UnifOrm Building Code related to distance requirements between adjacent structures." Section 2. Severability Ail of the provisions of this ordinance shall be construed together in order to accomplish the purpose of these regulations. If any provision of .this ordinance is held by a court to be unconstitutional, such unconstitutionality shall apply only to the particular facts, or if a provision is declared to be unconstitutional as applied to all facts, all of the remaining provisions of this ordinance shall continue to be fully effective. PASSED AND ADOPTED at a regular meeting of the Tustin City Council, held on the 6th day of March, 1995. THOMAS R. SALTARELLI MAYOR Mary E. Wynn, City Clerk EXHIBIT A ORDINANCE NO. 1145 CONDITIONS OF APPROVAL GENERAL (1) 1.1 Unless otherwise specified, the conditions contained in this Exhibit shall be complied with prior to the approval of any subsequent patio cover or trellis structure submittals utilizing the amended standards within the East Tustin Specific Plan area, subject to review and approval by the Community Development Department. (1) 1.2 The applicant shall sign and return an Agreement. to Conditions Imposed form prior to any subsequent patio cover or trellis structure approvals utilizing the amended standards within the East Tustin Specific Plan area. (1) 1.3 The applicant shall hold and defend the City of Tustin harmless for all claims and liabilities out of City's approval of the entitlement process for this project. PLAN SUBMITTAL *** 2.1 Within 30 days of approval, the'applicant shall submit 20 copies of the applicable pages of the East Tustin Specific Plan, and a camera ready master, with all revisions as approved by the subject Ordinance. FEES. (1) 3.1 Within forty-eight (48) hours of approval of the subject project, the applicant shall deliver to the Community Development Department, a cashier's check payable to the COUNTY CLERK in the amount of $25.00 (twenty-five dollars) pursuant to AB 3185, Chapter 1706, Statutes of 1990, enabling the City to file the Notice of Determination required under Public Resources Code Section 21152 and~14 Cal. Code of Regulations 15094. If within such forty-eight (48) hour period the applicant has not delivered to the Community Development Department the above-noted check, the approval for the project granted herein shall be considered automatically null and void. SOURCE CODES (1) STANDARD CONDITIONS (2) PLANNING COMMISSION POLICY (3) MUNICIPAL CODE (4) UNIFORM BUILDING CODE (5) RESPONSIBLE AGENCY REQUIREMENT Exhibit A Ordinance No. 1145 Page 2 In addition, should the Department of Fish and Game reject the Certificate of Fee Exemption filed with the Notice of determination and require payment of fees, the applicant shall deliver to the Community Development Department, within forty-eight ( 48 ) hours of notification, a cashier's check payable to the COUNTY CLERK in the amount of $850 (eight hundred fifty dollars) pursuant to AB 3158, Chapter 1706, Statutes of 1990. If this fee is imposed, the subject project shall not be operative, vested or final unless and until the fee is paid.