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HomeMy WebLinkAboutORD FOR ADOPTION 01-03-89· .. ORDINANCES FOR ADOPTION : TO: WILLIAM A. HUSTON, CITY MANAGER FROM: SUBJECT: MARY E. WYNN, CITY CLERK ADOPTION OF ORDINANCE NO. 1013 APPROVING ZONING ORDINANCE AMENDMENT 88-06 RECOMMENDATION' M. O. - That Ordinance No. 1013 have second reading by title only. M. O. - That Ordinance No. 1013 be passed and adopted. (Roll Call Vote) AGENOA ITEM: · , ORDINANCE NO. 1013 - AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TUSTIN, CALIFORNIA, APPROVING ZONING ORDINANCE AMENDMENT 88-06, EXEMPTING LEGAL CONFORMING PROPERTIES FROM BECOMING NON-CONFORMING DUE TO PUBLIC RIGHT-OF- WAY ACQUISITION BY THE CITY BACKGROUND.' Ordinance No. 1013 had first reading by title only and introduction at the December 19, 1988, City Council meeting. MARY E. WYNN, CITY CLERK 1 2 3 4 5 6 7 8 9 10 11 12 13 1.4 15 16 17 18 19 21 22 23 2~ 25 ORDINANCE NO. 88-1013 .~ AN ORDINANCE OF' THECI.T.Y. COUNCIL OF' THE CITY OF TUSTIN, CALIF'ORNIA APPROVING ZONING ORDINANCE AMENDMENT 88-06, EXEMPTING LEGAL CONF.ORMI NG PROPERTIES F.ROM BECOMING NON-CONF'ORMING DUE TO PUBLIC RIGHT-OF-WAY ACQUISITION BY THE CITY. WHEREAS, on _ , the City Council of the City of Tustln, California, d°eshe~eby ordain as follows' Section 1. The City Council finds as follows- A. A public hearing before the City Council to consider Zoning Ordinance Amendment 88-06 was duly called, .noticed, and held on Monday, December 19, 1988. B. A Negative Declaration has been prepared in conformance with the California Environmental Quality Act; no significant, adverse impacts are associated with this Zoning Ordinance Amendment. Ce The subject amendment is in the best interest of the public health, safety and welfare In that it will not penaltze legal conforming properties for 'becoming non-conforming due to the community wtde beneflt of public rlght-of-way acquisition by the Ctty. D. The subject amendment is consistent with the General Plan in that it will not negatively impact the orderly growth and development..of the City. E. The Planning Commission has adopted Resolution No. 2541 recommending to the City Council approval of said document. Section 2. The City Council does hereby approve Zoning Ordinance Amendment 88-06 as follows' Ae Section 9273 (e) shall be added to the Tustin City Code to read as follows' "Any use of land, building, or structure which is legal and conforming to all provisions of this Zoning Code, as of the date of adoption of this ordinance, and made "non-conforming" either in design or arrangement due to acquisition of public right-of-way by the City, shall be exempt from a non-conforming status and the provisions of Section 9273, Non-conforming Structures and Uses, unless it is established by the Department of Community Development 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 19! ~0 21 22 23 2~ 25 27 28 Ordlnance No. 88-1013 Page two that such use, building o~ structure creates a nuisance or is a threat to the health, welfare or well being of City residents." · PASSED AND ADOPTED at a regular ~eting of the Tustin City Council, held on the day of , 1988. Orsul~I E.I K&nnedy, Mayor Ma~y' Wynn, City Clerk