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HomeMy WebLinkAboutORD 1013 (1989) 1 '2 ORDINANCE NO 1013 3 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF " TUSTIN, CALIFORNIA APPROVING ZONING ORDINANCE i AMENDMENT 88-06, EXEMPTING LEGAL CONFORMING PROPERTIES FROM BECOMING NON-CONFORMING DUE TO PUBLIC 5 RIGHT-OF-WAY ACQUISITION BY THE CITY. 6 " WHEREAS, on January 3, 1989 , the City Council of the City of 7 Tustin, California, does hereby ordain as follows: 8 Section 1. The City Council finds as follows: 9 A. A public hearing before the City Council to consider Zoning Ordinance Amendment 88-06 was duly called, noticed, and 10 held on Monday, December 19, 1988. 1] 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. C. The subject amendment is in the best interest of the public 14 health, safety- and welfare in that it will not penalize legal conforming properties for becoming non-conforming due 15 to the community wide benefit. of public right-of-way' acquisition by the City. D. The subject amendment is consistent with the General Plan 17 in that it will not negatively impact the orderly growth and development of the City. 18 E. The Planning Commission has adopted Resolution No. 2541 1{ recommending to the City Council approval of said document. 20 Section 2. The City Council does hereby- approve Zoning Ordinance Amendment 88-06 as follows: 21 A. Section 9273 (el shall be'added to the Tustin City Code to 22 read as follows: 23 "Any use of land, building, or structure which is legal and conforming to all provisions of this Zoning 24 Code, as of the date of adoption of this ordinance, and made "non-conforming" either in design or 25 arrangement due to acquisition of public right-of-way by the City, shall be exempt from a non-conforming 26 status and the provisions of Section 9273, I Non-conforming Structures and Uses, unless it is 27! established by the Department of Community Development 28 1 2 Ordinance No. 88-1013 3ll Page two' ':" that such use, bui 1 di ng or structure creates a 5 nuisance or is a threat to the health, welfare or well 6 being of City residents." 7 ~ adjourned PASSED AND ADOPTED at an/'egular meeting of the Tustin City Council, held on 8 the 3rd . day of January , 1989. 9 12 15 ]G 20 22 23 25 2G 27 STATE OF CALIFORNIA ) COUNTY OF ORANGE ) § CITY OF. TUSTIN ) MARY E. WYNN, City Clerk and ex-officio Clerk of the City Council of the City of Tusti n, Cal i forni a, 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. 1013 was duly and regularly introduced and read at a regular meeting of the City Council held on the 19th day of December, 1988, and was given its second reading and duly passed and adopted at an adjourned regular meeting held on the 3rd.. day of January, 1989, by the following vote: AYES : COUNCILPERSONS: Kennedy, Edgar, Hoesterey, Kelly, Prescott NOES : COUNC ILPERSONS: None ABSENT: COUNC ILPERSONS: None f ~Y n,' California Summary Printed Tustin News: January 12, 1989 January 19, 1989