HomeMy WebLinkAboutORD 1190 (1997) 1
ORDINANCE NO. 1190
2
3 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TUSTIN,
CALIFORNIA, APPROVING ZONE CHANGE 97-003.TO AMEND SECTION
4 3.6.3.A OF THE EAST TUSTIN SPECIFIC PLAN TO ACCOMMODATE
SIDE ENTRY GARAGE SETBACKS WITHIN THE LOW DENSITY LAND
5 USE DESIGNATIONS WITHIN SECTOR 8, 9 AND 10 OF THE EAST
TUSTIN SPECIFIC PLAN AREA.
6
7 The City Council of the City of Tustin does hereby ordain as
follows:
8
I. The City Council finds and determines as follows:
9
A. That an application has been filed by John
10 Laing Homes, requesting approval of Zone
Change 97-003 to amend Section 3.6.3.A of the
11 East Tustin Specific Plan to accommodate side
entry garage setbacks within Sectors 8, 9 and
12 10 of the East Tustin Specific Plan area.
13 B. That a Public Hearing was duly noticed, called
and held on said application by the Planning
14 Commission on October 27, 1997 and on November
3, 1997 by the City Council.
15
C. That Environmental Impact Report EIR 85-2, as
16 amended, for the East Tustin Specific Plan has
been certified in conformance with the
17 requirements of the California Environmental
Quality Act for the subject project.
18
D. Proposed Zone Change 97-003 would be
19 consistent with good land use design by
providing flexibility with residential product
20 design and improve the physical streetscape by
providing .varied architecture and minimizing
21 garage doors facing the street.
22
23 II. The applicant shall pay City's defense costs (including
attorneys' fees) and indemnify and hold City harmless
24 from and against any claims, losses, liabilities or
damages assessed or awarded .against City by way of
25 judgement, settlement or stipulation (inclUding awards
for costs', attorneys' fees, and .expert witness fees),
26 arising from actions filed against the City challenging
the City's approval of Zone Change 97-003.
27
28
1 Ordinance No. 1190
Page 2
2
3 III. The City Council hereby approves Zone Change 97-'003
amending SectiOn 3.6.3 A2.2(a) of the East Tustin.
4 Specific Plan to read as follows:
5 Front. yard - For developments located in Sectors8,9
and 10, the front yard setback shall be a minimum of
6 20-feet, measured from the right-of-way line of either
a public'or private street (sidewalks are included in
7 ROW for private streets, if provided). Attached side
entry garages may be setback a minimum of 10-feet,
8 provided that all living areas maintain a minimum
setback of 20-feet. In all other areas, the front yard
9 setback shall be a minimum of 20-feet from a right-of-
way line of both private and public streets or if
10 equipped with an automatic garage door opener, an
attached or detached garage shall be a minimum of 5-
11 feet from the right-of-way line for a public or
private street. A garage, except side entry garages as
12 provided for in Sectors 8,9, and 10 above, shall not
have a setback between 9-feet and 20-feet from the
13 right-of-way line. When no sidewalk is provided, 4-
feet shall be added to all minimum dimensions. If
14 living areas are provided above garage, garage setbacks
shall apply, however the living area will maintain the
15 .20-.foot setback.
16
17
18
PASSED AND ADOPTED by the City Council of the City of Tustin, at a
19 regular meeting on the 17th day of November, 1997.
21
J~~THO~S '
22 M
23
P~L 'ST6KE~ ~ '~ ~
A
24 City Clerk
25
26
27
28
City of Tustin
ORDINANCE CERTIFICATION
.STATE OF CALIFORNIA )
COUNTY OF ORANGE ) SS
CITY OF TUSTIN )
ORDINANCE NO. 1190
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 No. 1190 was introduced at
at regular meeting of the City Council on November 3, 1997, and was
passed and adopted at a regular meeting of the City Council held on
November I7, 1997 by the following vote:
COUNCILMEMBER AYES: Thomas, Doyle, Worley
COUNCILMEMBER NOES: None
COUNCILMEMBER ABSTAINED: None
COUNCILMEMBER ABSENT: Saltarelli, Potts
Pa~n~l~ 'Stoker, ~ity elerk