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Home My WebLink About12 ORD 1343 - 2ND READING 11-20-07AGENDA REPORT MEETING DATE: NOVEMBER 20, 2007 TO: WILLIAM HUSTON, CITY MANAGER FROM: OFFICE OF THE CITY CLERK SUBJECT: ADOPT ORDINANCE 1343 -APPEAL OF PLANNING COMMISSION DENIAL OF CONDITIONAL USE PERMIT 06-024 AND DESIGN REVIEW 06-020 ZONE CHANGE 06-002, TENTATIVE TRACT MAP 17096 SUMMARY: The project site consists of a 4.1-acre (net area) site currently developed with 60 apartment units. The project site is located at the southwest corner of Mitchell Avenue and Browning Avenue (1972 Mitchell Avenue and 14251-14351 Browning Avenue) within the Suburban Residential (R-4) zoning district and High Density Residential General Plan land use designation (APN 432-342-30). Proposed Ordinance would rezone subject property. RECOMMENDATION: Have second reading by title only and adoption of Ordinance No. 1343 (roll call vote) or action as necessary. FISCAL IMPACT: None. BACKGROUND: On November 6, 2007, the City Council had first reading by title only and introduction of the following Ordinance: ORDINANCE NO. 1343 - AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TUSTIN, ADOPTING ZONE CHANGE 06-002 TO REZONE THE PROPERTY LOCATED AT 1972 MITCHELL- AVENUE AND 14251-14351 BROWNING AVENUE FROM SUBURBAN RESIDENTIAL (R-4) TO MULTIPLE FAMILY RESIDENTIAL (R-3) ZONING CLASSIFICATION FOR DEVELOPMENT OF 77 CONDOMINIUM UNITS Maria R. Huizar, Chief Deputy City Clerk ORDINANCE NO. 1343 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TUSTIN, ADOPTING ZONE CHANGE 06-002 TO REZONE THE PROPERTY LOCATED AT 1972 MITCHELL AVENUE AND 14251- 14351 BROWNING AVENUE FROM SUBURBAN RESIDENTIAL (R- 4) TO MULTIPLE FAMILY RESIDENTIAL (R-3) ZONING CLASSIFICATION FOR DEVELOPMENT OF 77 CONDOMINIUM UNITS. The City Council of the City of Tustin does hereby ordain as follows: Section 1. FINDINGS The City Council finds and determines as follows: A. That Suncal-Browning LLC submitted a proper application for Zone Change 06-002 to rezone and subdivide a 4.1 acre (net area} property currently developed with 60 apartment units for development of a new 77-unit condominium project. The properties are located at 1972 Mitchell Avenue and 14251-14351 Browning Avenue; B. That a public hearing was duly called, noticed, and held on said application on August 28, 2007 and September 11, 2007, by the Planning Commission. C. That a public hearing was duly called, noticed, and held on said application on November 6, 2006, by the City Council. D. That a proposed development has been assigned to meet the development standards of proposed Multiple Family Residential (R-3) zoning designation in accordance with Tustin City Code Section 9226. E. The proposed zone change supports and is consistent with the Tustin General Plan Land Use as follows: • Goal 1: Provides for a well balanced land use pattern that accommodates existing and future needs for housing; • Policy 1.1: Preserves the low density quality of the City's existing single-family neighborhoods while permitting compatible multi-family development to meet the regional housing needs; • Goal 5: Revitalizes older residential uses and properties; • Goal 6: Improves urban design to ensure development is both architecturally and functionally compatible and creates unique identifiable neighborhood; and. Ordinance 1343 Page 2 • Policy 6.2: Encourages high quality design and physical appearance in development. F. The proposed zone change supports and is consistent with the Tustin General Plan Housing Element as follows: • Goal 1: Provides an adequate supply of housing to meet the need for a variety of housing types and diverse socio-economic needs; • Goal 3: Increases the percentage of ownership housing; • Policy 3.1: Encourages new housing construction for home ownership in a mixture of price ranges; • Policy 6.1: Locates new housing in proximity to services and employment centers and thereby enabling walking or bicycling to places of employment. Section 2. This Ordinance shall become effective upon recordation of a covenant running with land prepared and approved by the Director of Community Development and the City Attorney consistent with the conditions of approval for the Project and on the latter of the following events: (a} the thirty first day after passage; or (b) recordation of final Tract Map No.17096. Section 3. The City Council hereby approves Zone Change 06-002 to amend Tustin Zoning Map to rezone the property located at 1972 Mitchell Avenue and 14251-14351 Browning Avenue with Multiple Family Residential (R-3) zoning designation, as identified in Exhibit A, attached hereto. Section 4. SEVERABILITY All of the provisions of this ordinance shall be construed together to accomplish the purpose of the regulations. If any provision of this part is held by a court to be invalid or unconstitutional, such invalidity or unconstitutionality shall apply only to the particular facts, or if a provision is declared to be invalid or unconstitutional as applied to all facts, all of the remaining provisions of this ordinance shall continue to be fully effective. PASSED AND ADOPTED by the City Council of the City of Tustin, at a regular meeting on the day of , 2007. LOU BONE MAYOR PAMELA STOKER CITY CLERK Ordinance 1343 Page 3 STATE OF CALIFORNIA ) COUNTY OF ORANGE } SS CITY OF TUSTIN } CERTIFICATION FOR ORDINANCE NO. 1343 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 5; that the above and foregoing Ordinance No. 1343 was duly and regularly introduced at a regular meeting of the Tustin City Council, held on the 6th day of November, 2007 and was given its second reading, passed, and adopted at a regular meeting of the City Council held on the day of , 2007 by the following vote: COUNCILMEMBER AYES: COUNCILMEMBER NOES: COUNCILMEMBER ABSTAINED: COUNCILMEMBER ABSENT: PAMELA STOKER City Clerk ~> > ~ c `fib ~, ~ ~., a? O ~ ~J` o ~ ~ r• \~ A ~~ ~F ~ ~ Q ti ~ ~ ~ p° ~. ~ / Q~ \ \ ~p¢, r C~ ~• J A x • \~ ~ ~ ~, ~ ~, ~o r ~9 ~ S •~,. ~• F ~/ o a At ~.^.~ \ P/ .. ~ A ,~• .~, - ~~ . ~~~, Sp F1 ti ~ ~'~ ~'~. '~ ~~ q ~ s o 9F c s~ ~ q .ti v ~ / ~ 4 . r ~ r~~ ~ ~° '~ g~ ~' ° 7 ~ t ~ s, . ,~ ~ '~ ~ !. 0 9 .~ / ,~, / S ,~ ~.. ;, ~, ~ - ..~ . o ~/ W lloo ' pC ore ~ ~ , :;q ~ ~ / Q Fc U /o Q ~ I ~ c. / ~ gg 1 3' J 1~ ~ ~ ~, .: ~ ~ ~.J ~ ~v ~ Q~ i ~~ ~ ~t t, ~ ~F .a~J ~ ~ 4 4~ .~-. ~'~\~ / is Y' ~ Q}' ~ ' ~ // 9 ~4; A '\ ~ ~C ~ .! ~j // +~ RFS icy! , % ~~ "~ C~j~ '~ ~Y 'y ~ c4 "~. / ~ \ s ~r EXHIBIT A ORDINANCE NO. 1343 ZONE CHANGE 06-002 1972 Mitchell Ave. & 14251-14351 Browning Ave.