HomeMy WebLinkAboutORD 1370 (2009)ORDINANCE NO. 1370
AN ORDINANCE OF THE CITY COUNCIL OF THE
CITY OF TUSTIN, ADOPTING AN AMENDMENT TO
THE JAMBOREE PLAZA PLANNED COMMUNITY
DISTRICT REGULATIONS (CODE AMENDMENT
09-003) TO REDUCE THE BUILDING SETBACK
FROM EDINGER AVENUE FROM THIRTY (30)
FEET TO FIFTEEN (15) FEET.
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 proper application, Code Amendment 09-003, was filed by
Tustin Field Gas & Food requesting to reduce the building setback from
Edinger Avenue within the Jamboree Plaza Planned Community District
Regulations from thirty (30) feet to fifteen (15) feet.
B. Code Amendment 09-003 is considered a "project" subject to the
terms of the California Environmental Quality Act ("CEQA") (Pub.
Resources Code §21000 et. seq.).
C. That Code Amendment 09-003 to reduce the building setback from
Edinger Avenue would not intensify the development of Jamboree Plaza
or allow additional uses and all future development would be subject to the
City's Design Review process.
D. That a public hearing was duly called, noticed, and held on said
application on August 25, 2009, by the Planning Commission. The
Planning Commission continued the item to the September 22, 2009
Planning Commission meeting.
E. That on September 22, 2009, the Planning Commission adopted
Resolution No. 4126, recommending that the City Council adopt findings
that Code Amendment 09-003 and Design Review 09-004 are within the
scope of the previously approved Negative Declarations for Jamboree
Plaza and recommending that the City Council approve Code Amendment
09-003 and Design Review 09-004 for an express carwash.
F. That a public hearing was duly called, noticed, and held on said
application on the 20t day of October, 2009, by the City Council.
G. That on October 20, 2009, the Tustin City Council adopted
Ordinance 1370
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Resolution No. 09-43 finding that Code Amendment 09-003 and Design
Review 09-004 are within the scope of previously approved Negative
Declarations for Jamboree Plaza.
H. Code Amendment 09-003 is consistent with the Tustin General
Plan in that the subject site is located within the Planned Community
Commercial/Business land use designation. This land use designation
allows for a mixture of uses including retail, commercial, office, and
industrial. The subject Code Amendment 09-003 would not change any
uses or intensity of the site.
Section 2. The City Council hereby adopts Ordinance No. 1370 approving
Code Amendment 09-003 by amending Section 3.761 a. of the Jamboree Plaza
Planned Community District Regulations to read as follows:
a. Edinger Avenue -a minimum of t#iFty-(30) fifteen (15) feet.
Section 3. 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 3rd day of November, 2009. A n
Ordinance 1370
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STATE OF CALIFORNIA )
COUNTY OF ORANGE ) SS
CITY OF TUSTIN )
CERTIFICATION FOR ORDINANCE NO. 1370
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 five (5); that the above and foregoing Ordinance No.
1370 was duly and regularly introduced and adopted at a regular meeting of the City
Council held on the 3rd day of November, 2009 by the following vote:
COUNCILMEMBER AYES: Davert, Amante, Gavello, Nielsen, Palmer (5)
COUNCILMEMBER NOES: None (0)
COUNCILMEMBER ABSTAINED: None (0)
COUNCILMEMBER ABSENT: None (0)
/91 j ME �-�IF
PAMELA STOKOR--J
CITY CLERK
Ordinance 1370
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