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HomeMy WebLinkAboutORD 0966 (1986) ORDINANCE NO. 966 I AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TUSTIN, 2 REZONING FROM PLANNED COMMUNITY TO PLANNED COMMUNITY/RESIDENTIAL; PLANNED COMMUNITY/COMMERCIAL; PLANNED COMMUNITY/MIXED USE AND 3 PLANNED COMMUNITY/COMMUNITY FACILITIES FOR THE AREA BOUNDED BY: THE SANTA ANA FREEWAY {I-5) TO THE SOUTH; EXISTING RESIDENTIAL I DEVELOPMENT IN THE CITY OF TUSTIN AND THE UNINCORPORATED COMMUNITIES OF LEMON HEIGHTS AND COWAN HEIGHTS TO THE WEST; 5 UNINCORPORATED LAND TO THE NORTH; AND UNINCORPORATED AREA WITHIN THE SPHERE OF INFLUENCE LINE (MYFORD ROAD) FOR THE CITY OF IRVINE G TO THE EAST ENCOMPASSING APPROXIMATELY 1,740 ACRES, COMMONLY KNOWN AS EAST TUSTIN {EXHIBIT "A" ATTACHED HERETO). 7 The City Council of the City of Tustin does hereby ordain as follows: 8 I. The City Council finds and determines as follows: A. That a proper application .(Zone Change No. 86-1) has been filed 10 upon direction of the City Council and by Monica Florian on behalf of the Irvine company for the purposes of changing the 11 zoning designation for the property shown in Exhibit "A" attached hereto from Planned Community to: Planned 12 Community/Residential (PCR); Planned Community/Commercial (PCC); Planned Community/Mixed Use (PCMU); and Planned 13 Community/Community Facilities (PCCF) as delineated on the same Exhibit A. B. That a public hearing before the City Council to consider Zone 15 Change 86-1 was duly called, noticed and held. 16 C. That pursuant to the California Environmental Quality Act Final EIR 85-2 has been prepared, certified and considered which 17 adequately addresses the general environmental Setting of the proposed project, its significant environmental impacts, and the 18 alternatives and mitigation measures related to each significant environmental effect for the proposed project. The City 19 Council, having final approval authority over this project has reviewed and considered the information contained in Final EIR 85-2 prior to approval of this project. 20 21 Changes or alterations have been incorporated into the project which mitigate or avoid certain of the significant environmental 22 effects thereof. Pursuant to Sections 15091 and 15092 of the State CEQA Guidelines all significant environmental effects and corresponding mitigation measures together with the requisite 23 findings and facts related thereto have been comprehensively set forth in Attachment A to Resolution 86-28 which is incorporated 24 herein by this reference. Conditions have been adopted as part of this project or will be incorporated at the appropriate level 25 of development review which incorporate all of the mitigation measures identified in the EIR. The benefits of the project 26 have been balanced and considered against its possible unavoidable environmental risks and against the project 27 alternatives identified in the final environmental impact report and those benefits are found to be overriding, all as set forth 28 in Attachment A to Resolution 86-28, which is incorporated herein by this reference. 1 Ordinance No. 966 ~. Page two 3 D. That a zone change should be granted for the following reasons: I 1. This comprehensive zone change would be consistent with goals and objectives of the city of Tustin calling for a 5 balance of residential, commercial, employment, educational and recreational land uses. 2. This comprehensive zone change will provide a mechanism by 7 which the East Tustin Specific Plan can be implemented. 8 3. As proposed the East Tustin Specific Plan is more consistent with the Housing Element of the Tustin Area 9 General Plan than existing zoning in that a variety of housing types would be permitted and owner occupied housing 10 will be encouraged. 11 4. Under existing zoning, residential development would be in direct conflict with agreements between the city and the 12 United State r4arine Corps as they pertain to air corridor easements. These agreements speci fi cal ly prohi bit 13 residential uses in the corridor areas south of Bryan Avenue. li 5. The adoption of this comprehensive zone change would be 15 consistent with the Tustin Area General Plan as amended. 16 6. That no development will be allowed within the project area prior to the adoption of the East Tustin Specific Plan. E. That the Planning Commission approved Resolution No. 2299, 18 recommending to the City Council that Zone Change 86-1 be adopted. II. The City Council does hereby approve Zone Change 86'1 changing the 20 zone designation for the property shown in Exhibit "A" attached hereto from Planned Communtiy to: Planned Community/Residential 9.1 (PCR); Planned Community/Commercial (PCC); Planned Community/Mixed Use (PCMU); and Planned Community/Community Facilities (PCCF) as 9.2 delineated on the same Exhibit "A". 9.:) PASSED AND ADOPTED at a regular meeting of the Tustin City Council, held on the 7th day of April , 198 6 · FRANK GREINKE, 2G Mayor Attest: 27 ~y~ "C, ~.,)~ ' ' ZONING ""'"""', EDAW 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 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. 966 was duly and regularly introduced and read at a regular meeting of the City Co~"~'~il held on the 17th day of March, 1986, and was given its second reading and duly passed and adopted at a regular meeting held on the 7th day of April, 1986, by the following vote: AYES : COUNCILPERSONS: Edgar, Greinke, Hoesterey, Saltarelli NOES : COUNCILPERSONS: Kennedy ABSENT: COUNCILPERSONS: None n, Cal i forni a Published i:n ~the '- TuS..tiD~..N~w~ -~!:. April 17, 1986