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HomeMy WebLinkAboutORD 1078 (1991) ORDINANCE NO. 1078 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TUSTIN, CALIFORNIA, APPROVING ZONE CHANGE 91-01 TO AMEND THE EAST TUSTIN SPECIFIC PLAN LAND USE MAP TO CHANGE THE LAND USE CATEGORY IN THE VICINITY OF LOT 11 OF TRACT 13627 FROM LOW DENSITY TO MEDIUM DENSITY RESIDENTIAL WITH A MAXIMUM DENSITY OF TEN DWELLING UNITS PER ACRE The City Council of the City of Tustin does hereby ordain as follows:' I. The City Council finds and determines as follows: A. That Zone Change 91-01 was submitted by Foothill Community Builders requesting amendment to the East Tustin Specific Plan Land Use Map to change the land use category in the vicinity of Lot 11 of Tract 13627 from Low Density to Medium Density Residential. B. That a public hearing was duly notice, called and held on said application by the Planning Commission on September 23, 1991 and the City Council on October 21, 1991. C. An Addendum to EIR 85-2 was prepared by the City of Tustin in compliance with Section 15164 of the California Environmental Quality Act. D. That the proposed amendment would be consistent with the East Tustin Specific Plan, and in particular the Sector 2 descriptions which designate this area as accommodating a broad range of residential uses. E. The proposed amendment would be consistent with the policies of the General Plan Land Use and Housing Elements with placement and encouragement of owner occupied dwellings. F. That the East Tustin Specific Plan is a planned development and the proposed amendment would necessitate various revisions to statistical summaries in the East Tustin Specific Plan and Tract 13627. Ordinance 1078 Page 2 II. The City Council hereby approves Zone Change 91-01 as follows: A. The East Tustin Specific Plan land use map in the vicinity of Lot 11 of Tract 13627 shall be changed from Low Density to Medium Density with a maximum density of ten dwelling units per acre as shown in Exhibit A. B. The Sector 2 descriptions, pages 2-28 and 2-29 of the ETSP shall be revised, adding Policy "H" and relettering existing Policy "H" to "G" to read as follows, "The maximum density on Lot 11 of Tract 13627 shall be limited to ten dwelling units per gross acre." C. The East Tustin Statistical Analysis identified on pages 2-24, 2-25, 3-14 and 3-15 of the East Tustin Specific Plan shall be revised to reflect the current acreage totals for the Low and Medium Density Residential land use categories. Footnotes shall be added to limit the maximum density on Lot 11 of Tract 13627 to ten dwelling units per gross acre. III. In order to implement the above changes, the applicant shall submit to the Community Development Department the following materials within 30 days of approval: A. Fifteen (15) copies and one (1) reproducible copy of the East Tustin Specific Plan with revisions required in Section II above. B. A revised Statistical Summary of Tract 13627 to reflect the Medium Density Residential land use category on Lot 11 of Tract 13627. The Assumed Unit column shall also be revised based upon current subdivision approvals and applications to not exceed the 1,010 dwellings authorized within Sector 2. Ordinance 1078 Page 3 C. Fifteen (15) copies of a large scale Land Use Map. D. 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. 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. PASSED AND ADOPTED at a regular meeting of the Tustin City Council held on the 4th day of November, 1991. ..a_.o ov ..er.~ .. _ .. CK ES E. PU ETT Mayor MARY ~i~NN City Land Use Plan EXHIBIT A EAST TUSTIN SPECIFIC PLAN City of Tustin 24. dULY City of Tustin ORDINANCE CERTIFICATION STATE OF CALIFORNIA ) COUNTY OF ORANGE ) SS CITY OF TUSTIN ) ORDINANCE NO. 1078 Mary E. Wynn, 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. 1078 was duly and regularly read and introduced at a regular meeting of the City Council held on the 21st day of October, 1991, and was given its second reading and duly passed and adopted at a regular meeting held on the.4th day of November, 1991, by the following vote: COUNCILMEMBER AYES: Puckett, Pontious, Edgar, Potts, Prescott COUNCILMEMBER NOES: None COUNCILMEMBER ABSTAINED: None COUNCILMEMBER ABSENT: None Mary E. Wynn, ~y C~erk