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Home My WebLink About09 ORD 1304 2ND READ 10-03-05 AGENDA REPORT Agenda Item Reviewed: City Manager --9- l1Æi Finance Director ~ MEETING DATE: OCTOBER 3, 2005 TO: FROM: WilLIAM HUSTON, CITY MANAGER OFFICE OF THE CITY CLERK SUBJECT: ORDINANCE NO. 1304 SECOND READING - GENERAL PLAN AMENDMENT 02- 001 AND ZONE CHANGE 02-001: PROPOSED LIBRARY SITE SUMMARY: General Plan Amendment (GPA) 02-001 and Zone Change (ZC) 02-001 propose to change the general plan land use and zoning designations of certain properties on the proposed Tustin Library site. On September 12, 2005, the Planning Commission adopted Resolution Nos. 3997 and 3998 recommending that the City Council approve GPA 02-001 and ZC 02-001 to change the land use and zoning designations of the affected properties to Public and Institutional (P&I) General Plan land use and zoning designations; and Resolution No. 3999 approving Conditional Use Permit (CUP) 02-003 to allow for a library use in the P&I district and to establish development standards for the proposed use (Owner: City of Tustin). RECOMMENDATION: Have second reading by title only and adoption of Ordinance No. 1304 (roll call vote). FISCAL IMPACT: None. BACKGROUND: On September 19, 2005, the City Council had first reading by title only and introduction of the following Ordinance: ORDINANCE NO. 1304 - An ordinance of the City Council of the City of Tustin, California, amending the Zoning Map of the City of Tustin from a mixture of zoning districts to Public and Institutional (P&I) Zoning District to accommodate the construction of a new library at 345 E. Main Street JI!d#/é' £ /11 ~ Maria R. Huizar, Chief Deputy City Clerk ATTACHMENT: Ordinance ORDINANCE NO. 1304 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TUSTIN, CALIFORNIA, AMENDING THE ZONING MAP OF THE CITY OF TUSTIN FROM A MIXTURE OF ZONING DISTRICTS TO PUBLIC AND INSTITUTIONAL (P&I) ZONING DISTRICT TO ACCOMMODATE THE CONSTRUCTION OF A NEW LIBRARY AT 345 E. MAIN STREET. 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 a City-initiated Zone Change 02-001 has been filed to amend the zoning designations of the following properties as follows: Assessor Existing Proposed Parcel No. Property Address Zoninç¡* Zoninç¡* 401-592-10 300-304 E. Third St. CG P&I 401-592-11 325-329 S. Preble Dr. CG P&I 401-592-12 335-339 S. Preble Dr. CG P&I 401-592-13 325 E. Main St. CG P&I 401-592-14 315 E. Main St. CG P&I 401-592-15 305 E. Main St. CG P&I 401-593-01 280-284 E. Third St. R-3 P&I 401-593-02 320-324 S. Preble St. R-3 P&I 401-593-03 330-334 S. Preble St. R-3 P&I 401-593-04 285-295 E. Main St. C-2 P&I N/A Portion of S. Preble Dr. U P&I 401-592-16 345 E. Main St. P&I P&I * P&I: Public and Institutional CG: Commercial General R-3: Multiple Family Residential C-2: Central Commercial U: Unclassified B. That a public hearing was duly called, noticed, and held on said application on September 12, 2005, by the Planning Commission and the Planning Commission adopted Resolution No. 3998 recommending that the City Council approve Zone Change 02-001. C. A public hearing was duly called, noticed, and held on said application on September 19, 2005, by the City Council, and the City Council has Ordinance No. 1304 Page 1 of 4 considered the staff report and all evidence and testimony presented to the City Council at the public hearing. That the proposed amendment to the zoning district is in the best interest of the public in that it provides for the construction of a new library to replace the existing library that is obsolete and inadequate to serve the existing and future communities needs. D. That the proposed Zone Change is consistent with General Plan Amendment 02-001 and the policies of the General Plan, as evidenced by the following findings: E. (a) (b) (c) F. The proposed Zone Change to Public and Institutional (P&I) District is consistent with the General Plan Amendment 02-001. A library needs assessment has evaluated existing library services and the community's library needs and determined that the Tustin Library was limited in its collections, programs, and services by the size and inadequacies of the existing facility and the removal of the existing facility and construction of a new single story facility was the best approach. The location of the proposed library is ideal and desired by the community to allow for additional square footage and the provision of adequate parking and site amenities. That a Final Negative Declaration was prepared and adopted on May 6, 2002, in accordance with the provisions of the California Environmental Quality Act (CEQA). G. That pursuant to Section 15162 of the Guidelines for the California Environmental Quality Act (nCEQAn), (1 ) (2) Ordinance No. 1304 Page 2 of 4 No substantial changes are proposed in the project which will require major revisions to the previous Final Negative Declaration due to the involvement of new significant environmental effects or a substantial increase in the severity of a previously identified environmental effect; No substantial changes have occurred with respect to the circumstances under which the project is undertaken which will major revisions to the previous Final Negative Declaration due to the involvement of new significant environmental effects or a substantial increase in the severity of a previously identified environmental effect; and, (3) No new information of substantial importance, which was not known and could not have been known with the exercise of reasonable diligence at the time the prior Final Negative Declaration was adopted shows (a) the project will have one or more effects not discussed in the previous Final Negative Declaration; (b) significant effects previously examined will be substantially more severe that shown in the previous Final Negative Declaration; (c) mitigation measures or alternative previously found not be feasible would in fact be feasible and would substantially reduce one or more significant effects, but the City declines to adopt such measures or alternatives; or (d) mitigation measures or alternatives which are considerably different from those analyzed in the previous Final Negative Declaration would substantially reduce a significant effect, but the City declines to adopt the measure or alternative. SECTION 2. The City Council approves Zone Change 02-001 and amends the Zoning Map of the City of Tustin in accordance with Exhibit A, attached hereto. SECTION 3. SEVERABILITY All of the provisions of this ordinance shall be construed together to accomplish the purpose of these 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 at a regular meeting of the Tustin City Council held on the 3rd day of October, 2005. LOU BONE MAYOR PAMELA STOKER CITY CLERK Ordinance No. 1304 Page 3 of 4 STATE OF CALIFORNIA) COUNTY OF ORANGE) CITY OF TUSTIN ) SS 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. 1304 was dul~ and regularly introduced at a regular meeting of the Tustin City Council, held on the 19 day of September, 2005 and was given its second reading, passed, and adopted at a regular meeting of the City Council held on the _day of ,2005 by the following vote: COUNCILMEMBER AYES: COUNCILMEMBER NOES: COUNCILMEMBER ABSTAINED: COUNCILMEMBER ABSENT: PAMELA STOKER City Clerk Ordinance No. 1304 Page40f4