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HomeMy WebLinkAboutORD 1379 (2010)ORDINANCE NO. 1379 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TUSTIN, ADOPTING SPECIFIC PLAN AMENDMENT (SPA) 10-001 IMPLEMENTING MINOR TEXT AMENDMENTS OF THE MCAS TUSTIN SPECIFIC PLAN. The City Council of the City of Tustin does hereby ordain as follows: SECTION 1. The City Council finds and determines as follows: A. That the City of Tustin is proposing minor text amendments to the MCAS Tustin Specific Plan through proposed Specific Plan Amendment (SPA) 10-001. SPA 10-001 does not "substantially amend" the Specific Plan. Instead, SPA 10-001 would: 1) eliminate the current reduction of gross acreage for internal circulation systems for all sub-planning areas of Planning Area 1, ensuring that the calculation of gross/net acreage is the same for all educational/institutional uses planned to be developed within sub-planning areas 1-A, 1-B, 1-C, 1-D, 1-E, 1-F and 1-G; and 2) would revise existing specific plan language to provide additional flexibility to allow the submittal of a concept plan for any portion of Planning Area 1sub-planning areas 1-A, 1-B, 1-C, 1- D, and 1-E; and 3) make other minor text amendments of the MCAS Tustin Specific Plan. SPA 10-001 would not increase the overall development potential or residential capacity allowed by the MCAS Tustin Specific Plan. B. That a public hearing was duly called, noticed, and held on said application on February 9, 2010, by the Planning Commission. Following the public hearing, the Planning Commission adopted Resolution 4143 recommending that the Tustin City Council approve SPA 10-001 by adopting Ordinance No. 1379. C. That on January 16, 2001, the City of Tustin certified the Program Final Environmental Impact Statement/Environmental Impact Report (FEIS/EIR) for the reuse and disposal of MCAS Tustin. On April 3, 2006, the City Council adopted Resolution No. 06-43 approving an Addendum to the Final Environmental Impact Statement/Environmental Impact Report for the Disposal and Reuse of MCAS Tustin. The FEIS/EIR and its Addendum is a program EIR under the California Environmental Quality Act ("CEQA"). The FEIS/FEIR and its Addendum considered the potential environmental impacts associated with development on the former Marine Corps Air Station, Tustin. D. That SPA 10-001 is exempt from environmental review under CEQA pursuant to Section 15061(b)(3) of the State CEQA Guidelines, since it can be seen with certainty that there is no possibility that the Ordinance No. 1379 Page 1 of 10 activity in question may have a significant effect on the environment since the proposed refinement is administrative in nature and would not increase the overall development potential of residential capacity currently allowed for Planning Area 1 by the currently adopted MCAS Tustin Specific Plan. E. SPA 10-001 is consistent with the Tustin General Plan. The Land Use Element includes the following City goals and policies for the long- term growth, development, and revitalization of Tustin, including the MCAS Tustin Specific Plan area. 1. Achieve balanced development. 2. Ensure that compatible and complementary development occurs. 3. Improve city-wide urban design. 4. Promote economic expansion and diversification. 5. Implement a reuse plan for MCAS Tustin which maximizes the appeal of the site as a mixed-use, master-planned development. SECTION 2. The relevant portions of Tables 3-1 and 3-2 of the MCAS Tustin Specific Plan are hereby amended to read as follows (new text in bold/underline; deleted text in strikeout): Ordinance No. 1379 Page 2 of 10 TABLE 3-I LAND USE PLAN STATISTICAL ANALYSIS ORGANIZED BY LAND USE DESIGNATION Desi adon/Plannin Area ACREAGE NON-RESIDENTL4L USES RESIDENTM USES Gross Net 2 FAR. Total FloorExisting Area Ft � Floor Area Fx s Potential Floor Area . Ft s DUs Per Acre 7 Total DUs s RESIDENTIAL Low Deni 1-7 du/ac Planning Area 4 54.21 43.4 N/A I N/A I N/A 1 7 304 Planning Area 21 - Tustin 127,11 115.0 N/A I N/A I N/A 1 141 793 Medium Dena 8-15 du/ac Planning Area 5 51.7 41.4 N/A N/A N/A 15 621 Planning Area 22 Elementary School K-8 10 Neighborhood Park 10 73.4 61.0 N/A N/A N/A 15 402 Medium- Dens' 16-25 du/ac Planning Area 20 29.41 23.5 N/A I N/A I N/A 1 25 376 Transitional/Eme Housing Planning Area 3 5.11 5.11 0.61 133,2941 85,215T 48,0791 01 0 Residential Core Planning Area 15 Low Density 1-7 du/ac 112.6 104.3 N/A N/A N/A 7 533 Medium Density 8-15 du/ac 51.8 47.8 N/A N/A N/A 15 489 Medium High Density (16-25 du/ac 8.3 7.7 N/A N/A N/A 25 192 Elementary Schools 10 10 N/A N/A N/A N/A N/A Parks and Open Space 63.1 63.1 N/A N/A N/A N/A N/A Subtotal, Residential Core, PA 15 245.8 232.9 SUBTOTAL 586.7 522.3 N/A 133,294 85,215 48,079 N/A 3,710 COMMERMLIBUSINESS Commercial/Business Planning Area 9-12 Parks and Open Space Subto Planning Area 9-12 78.9 38.6 117.5 64.5 38.6 103.1 Ste standards 1,267,324 88,344 1,178,980 0 Planning Arca 16 31.0 27.9 0.4 486,130 206,640 279,490 0 Planning Area 17 1 16.3 16.3 0.41 294,011, 63,2891 220,722 0 TABLE 3-1 LAND USE PLANSTATISTICAL ANALYSIS ORGANIZED BY LAND USE DESIGNATION ACREAGE NON-RESIDENTIAL USES RESIDENTIAL USES Total Floor Existing Floor Potential Floor DUs Tota! Des nation/Plannin Area Gross Net' F.A.R Area (Sq. R 4 Area . Ft.6 Area FL a Per Acre DUs a COMMERCIAL/BUSINESS CONTINUED Commercial Planning Area 18 1 16.1 14.51 0.351 40,8461 01 0 Planning Area 14 1 38.61 38.61 0.4 —67-2,5661 31990 668,576 0 Residential Core Planning Area 15 1 29.31 2&81 See stwdards 1 466,6371 8,1061 458,5311 N/Al 0 Viftae Services Planning Area 7 1 20.71 19.01 See standards 1 248,2921 OT 248,2921 N/Al 0 Community Core Planning Area 8 89.5 68.5 See standards 1,975,992 329,032 1,646,960 25 Park 56.3 56.3 Planning Arca 13 77.5 59.3 See standards 2,132,417 0 2,132,417 25 891 Park 12.9 12.9 Planning Area 14 34.2 26.2 See standards 648,870 700 648,170 25 High School 141 40.0 40.0 N/A N/A Subtotal, Community Core 1 310.6 263.2 4,757,279 329,732 4,427,547 891 SUWrOTALI 580.7 509.4 N/A 1 8,223,095 744,9471 7 482,138 N/A 891 INSTITUTIONAURECREA TIONAL Education Village Planning Area 1 128.3 108.4 0.3 1,412,651 822,556 590,095 0 0 Planning Area 1-A . International Education Village Elementary School is Planning Area 1-B Law Enforcement Training Planning Area i -C Children's Care Shelter Planning Area 1-D Child Care Center Planning Area 1-E Child Care Center Planning Area I -F Educational Planning Area 1-G Other TABLE 3-2 LAND USE PLAN STATISTICAL ANAL YSIS ORGANIZED BY NEIGHBORHOOD ACREAGE NON-RESIDENTIAL USES RESIDENTIAL USES Existing I Potential Total Floor Floor Area Floor Area DU's Total DesignadonlPlanning Area Grog' I Nets F.A.R. a Area . Ft 4 (Sq. Ft.)' . Ff.c PerAcre " DUs' NEIGHBORHOOD E Planning Areas 9.12 Parks and Open Space 78.9 38.6 64.5 38.6 Sec standards 1 1,267,324 88,344 1,178,980 0 SUBTOTAL FOR NEIGHBORHOOD E l 17.5 103.11 See standards 1,267,324 88,344 1 1,178,9Wl 0 NEIGHBORHOOD F Planning Area 16 31.0 27.9 0.4 486,130 206,640 279,490 0 Planning Area 17 16.3 16.3 0.4 284,011 63,289 220,722 0 Planning Area 18 16.7 14.5 0.35 40,846 40,846 0 0 Planning Area 19 38.6 38.6 0.4 672,566 3,990 668,576 0 SUBTOTAL FOR NEIGHBORHOOD F1 102.61 973 N/A 1,483,553 314,765 1,168,788 N/A 0 NEIGHBORHOOD G Planning Area 15 Low Deni I -7 du/ac 112.6 104.3 N/A N/A N/A 7 533 Planning Area 15 Medium Density 8-15 du/ac 51.8 47.8 N/A N/A N/A 15 489 Planing Area 15 Medium -Hi Density 16-25 du/ac 8.3 7.7 25 192 Planning Area 15 Schools 10.0 10.0 0 Planning Area 15 Non Residential 29.3 26.8 See standards 466,637 8,106 458,531 0 Planning Area 15 Parks & Open Space 63.1 63.1 N/A N/A N/A 0 Planing Area 20 Medium -Hi Density 16-25 du/ac 29.4 23.5 N/A N/A N/A 25 376 Planning Area 21 - Tustin Low Deni 1-7 du/ac 127.1 115.0 N/A N/A N/A 14 793 SUBTOTAL FOR NEIGHBORHOOD G1 431.6 398.21 N/A 466,637 8,1061 458,.431 NIA 2,383 NEIGHBORHOOD H Planing Area 22 Medium Density (8-15 du/ac) Elementary School K-810 Neighborhood Park 10 73.4 61.0 N/A N/A N/A 15 402 SUBTOTAL FOR NEIGHBORHOOD HI 73.41 61.0 N/A N/A N/A I N/A I N/A 402 -O cfl o- cn 5' rn� o m 00 w 4 m TABLE 3-2 LAND USE PLANSTATISTICAL ANALYSIS ORGANIZED BY NEIGHBORHOOD Designation/PlanningDesignadonlPlanning Area ACREAGE NON-RESIDENTIAL USES RESIDENTIAL USES Grass' Net 2 FA3 Total Floor Area S . FL) 4 Existing Floor Area S . F� s Potential Floor Area (Sq. F41 a DUs Per Acre 7 Total DUs s RIGHT-OF-WAY Roadways 173.4 173.4 N/A N/A N/A 0 0 Drainage(Flood Control, Storm Drains 28.5 28.5 N/A N/A N/A 0 0 SUBTOTAL RIGHT OF WAY 201.9 201.9 N/A WA N/A N/A 0 0 TOTALS: 1,606.2 1,450.6 N/A 10,384,553 2,185,317 8,199,236 N/A 4,601 Notes: I . Gross acreage for each Planting Area is an estimated allocation measured from the edge of the adjacent future arterial and secondary roadway, any Public roadway shown on the Land Use Plan, and/or the boundary of the Planning Area. The amount of land devoted to roadways shown on the Land Use Plan is calculated under the Right -of -Way designation. Actual acreages will be refined during the site plan and subdivision process. 2. Net acreage is an estimated allocation based on gross acreage reduced for internal circulation (local roads) within a Planning Area Net acreage is estimated approximately for each Planning Area, based on permitted use, size of the Planning Area, and typical site planning considerations. Actual net acreages will be refined during the site plan and subdivision process. 3. Floor Area Ratio (F.A.R.) is the gross floor area of all buildings within a Planning Area divided by the net acreage of the Planning Area for purposes of this Statistical Analysis unl_� gth-g j 9 �gpA4;djndevelopme standards feu thr glannint, =4 cNMi for Planning Area 1 where F.A R shgll he fixed at 0.3 for at! suh- Lnnitte ar�a�_g� c t fc�� uf> anningnre�g t-43 and t C Hfiich %M11 he fixed at 03S. if applicable, the F.A.R. column specifies a floor area ratio derived from an assumed mix of uses within a Planning Area. 4. T g hall f e�gS�,1Y3nU RAY? Ike f xi 4o aze? derived lannena alt arrafl Iann ns area n_Itt la Ina -area 1 hY the ezross a _ter I'iannin Area 1 where total Area is the total sq footage op multiplying y rage. aPP acrea 01 a suhnnisig area, provided the tat il,wr area u.itftin_Plannin� Area t_shall not_exceed 1 4JZ,(i41__sV* fret S. Existing Floor Area is the square footage of existing buildings by Planning Area 6. Potential Floor Area is the potential square footage of new development within each Planning Area. 7. DU's per Acre reflects the maximum density per acre at which dwelling units may be calculated. 8. Total DUs is the maximum number of dwelling units allocated to each Planning Area. Even though actual gross and net acreages may be refined during the site plan and subdivision process, the maximum number of dwelling units in each Planning Area shall not exceed the number designated on the Statistical Analysis, except as specified in Section 3.2.3. 9. PA 22 (402 units) are located within the City of Irvine. The permitted density range in PA 22 shall not exceed 12.5 dwelling units per acre at the high end. 10. PA 22 is within the Irvine jurisdictional limits. It includes a 20 -acre allocation for a K-8 school. The precise acreage and location will be determined when the Navy's Record of Decision is issued PA 22 also includes an 8 -acre allocation for a Neighborhood Park site. The precise acreage and location will be determined prior to property transfer to the City of Irvine, however, the total allowable dwelling units in PA 22 will remain the same. 11. PA 15 includes an allocation for park and open spaces. The precise acreage and location will be determined prior to final subdivision map approval, however, the total allowable dwelling units in PA LSwill remain the same. 12. PA 15 includes a 10 -arae allocation for an Elementary School. The precise acreage and location will be determined by the City If the actual acreage varies from 10 acres, then an acreage adjustment will be made to the parks and open space acreages The precise acreage and location will be determined prior to final subdivision map approval. 13. PA 8 includes a 40 -acne allocation for a High School. The precise acreage and location will be determined by the City.. if the actual acreage varies from 40 acres, then tete acreage adjustment will be made to the Community Core designation, however, the total allowable square fed of cion -residential development and maximum dwelling units in PA 8 win remain the sante. 14. PA I is composed of numerous public conveyance uses as specified in Section 2.3 and 2.4 of the Specific Plan. 15. PA 1-A includes a 10 -acre allocation for an Elementary School. 16. The actual amount of existing square footage is 2,183,956. However. adjustments to two Planning Areas have been made. In PA 2, Community Park, 40,531 existing square footage is expected to be reused. In PA 5, Medium Density Residential, the 39,485 existing square footage is expected to be replaced by residential uses. 17. The development intensity assigned to the Community Park is .I FAR; however, the existing 40,531 square feet may be reused. 18. Planning Area 15 is comprised of subplanning arras, which allocates development potential by land use type. The subplanning areas are not site specific on the Land Use Plan in order to allow for flexibility in future master planning. 19. In Planning Area 20, there is 4.1 gross acres in private ownership (with 3.3 net acres estimated for development potential); Planning Area I8 is proposed to be retained in Federal ownership by the Army Reserve with 2.2 acres granted by easement to the City of Tustin, after the Army's acceptance of the 16.7 acres from the Navy, for Barranca right-of-way (leaving 14.5 net acres). The total gross acreage for non-federal disposal is 1,585.4 acres. TABLE 3-1 LAND USE PLANSTATISTICAL ANALYSIS ORGANIZED BY LAND USE DESIGNATION Designadone'Planning Area ACREAGE NON-RESIDENTIAL USES RESIDENTIAL USES Gross 1 1 Net 2 F.A.R s Total Floor Area 6 r Fk a Existing Floor Area . Ft s Potential Floor Area (Sq. Ff.)' DU's Per Acre 7 Total DUs a INSTITUTIONAL/RECREATIONAL 6eQrINUED Community Park Planning Area 2 24.1 24.1 0,1 140,531 40,531 0 0 0 Urban Re&nA Park Planning Area 6 84.5 84.5 0.16 574,992 496,068 78,924 0 0 ` t-of-Wa Arteria( Roadways 173.4 173.41 0 0 0 0 0 Drainage (Flood Control, Storm Drains 28.5 28.5 0 0 0 0 0 SUBTOTAL 438.8 418.9 N/A 2,028,174 1,359,155 669,019 0 0 TOTALS: 1,606.2 1450.6 N/A 10-W,553 2,185,317 " 8,1",2m, Q 4,6011 1. Gross acreage for each Planning Area is an estimated allocation measured from the edge of the adjacent future arterial and secondary roadway, any public roadway shown on the Land Use Plan, and/or the boundary of the Planning Area The amount of land devoted to roadways shown on the Land Use Plan is calculated under the Right -of -Way designation. Acetal acreages will be refined during the site plan and subdivision process. 2. Net acreage is an estimated allocation based on gross acreage reduced for intcnW circulation (local roads) within a Planning Area. Net acreage is estimated approximately for each Planning Area, based on patnitted use, size of the Planning Area, and typical site planning considerations. Actual net acreages will be refined during the site plan and subdivision process. 3. Floor Area Ratio (F.A.R.) is the gross floor area of all buildings within a Planning Area divided by the net acreage of the Planning Area for purposes of this Statistical Analysis, unless gt_h n� r ire stjmwwtm devclgpment_stan4L-h fix th_ptannin? area. except for Planning Area I where F.A.R shall be fixed at Q 3 for all sub xnningareas rxa�t for sub-nlanninsr ar�a� t R and l-(' which sall _bg tixe4 atQ,3_S. If applicable, the F.A.R. column specifies a floor area ratio derived from an assumed mix of uses within a Planning Area 4. Total Floor Area is the total square footage of non-residemial development derived by multiplying the floor area ratio by the net acreage, if applicable, ex"2t for Plannini. Area I where total hour crier shill tx denvui b multinlvingthe ti_A Ilcxir ire io assittned to PlanningArea I aid ens .:uh�lannine ar Ln P} ring Arra { bi__rox aeraa e i a +uls �Slanningarea gm_� dei the to fl,4x�r area within P)annins Area 1 shall not cyyed 141 05 t square feel 5. Existing Floor Area is the square footage of existing buildings by Planning Area. 6. Potential Floor Area is the potential square footage of new development within each Planning Area 7. DUs per Acre reflects the maximum density per acre at which dwelling units may be calculated. S. Total DUs is the maximum number of dwelling units allocated to each Planning Area. Even though actual gross and net acreages may be refined during the site plan and subdivision process, the maximum number of dwelling units in each Planning Area shall not exceed the number designated on the Statistical Analysis, except as specified in Section 3.2.3. 9. PA 22 (402 units) are located within the City of Irvine. The permitted density range in PA 22 shall not exceed 12.5 dwelling units per acre at the high end. 10. PA 22 is within the Irvine jurisdictional limits. It includes a 20-acm allocation for a K-8 school. The precise acreage and location will be determined when the Navy's Record of Decision is issued. PA 22 also includes an 8 -acre allocation for a Neighborhood Park site. The precise acreage and location will be determined prior to property transfer to the City of Irvine, however, the 0 total allowable dwelling units in PA 22 will remain the same. 11 PA 15 includes an allocation for park and open spaces. The precise acreage and location will be determined prior to final subdivision map approval, however, the total allowable dwelling units in PA 15will remain the same. -62:3 PA 15 includes a 10 -acre allocation for an Elementary School. The precise acreage and location will be determined by the City If the actual acreage varies from 10 acres, then an acreage tm� m adjustment will be made to the parks and open space acreages The procise acreage and location will be determined prior to final subdivision map approval. rq 3� PA 8 includes a 40 -acre allocation for a High School. The precise acreage and location will be determined by the City.. If the actual acreage varies from 40 acres, then the acreage adjustment • will be made to the Community Core designation, however, the total allowable square feat of non-residential development and maximum dwelling units in PA 8 will remain the same. C,4W PA 1 is composed of numerous public conveyance uses as specified in Section 2.3 and 2.4 of the Specific Plan. - PA 1-A includes a 10 -acre allocation for an Elementary School. C?& The actual amount of existing square footage is 2,183,956. However, adjustments to two Planning Areas have been made. In PA 2, Community Park, 40,531 existing square footage is expected to be reused. In PA 5, Medium Density Residential, the 39,485 existing square footage is expected to be replaced by residential uses. 17. The development intensity assigned to the Community Park is .1 FAR; however, the existing 40,531 square feet may be reused. 18. Planning Area 15 is comprised of subplanning areas, which allocates development potential by land use type. The subplanning areas are not site specific on the Land Use Plan in order to allow for flexibility in future master planning. 19. In Planning Area 20, theca is 4.1 gross acres in private ownership (with 3.3 net acres estimated for development potential); Planning Area 18 is proposed to be retained in Federal ownership by the Army Reserve with 2.2 acres granted by easement to the City of Tustin, after the Army's acceptance of the 16.7 acres from the Navy, for Barranca right -of --way (leaving 14.5 net acres). The total gross acreage for non-federal disposal is 1,585.4 acres. TABLE 3-2 LAND USE PLAN STATISTICAL ANALYSIS ORGANIZED B Y NEIGHBORHOOD ACREAGE NON-RESIDENTIAL USES RESIDENTIAL USES Existing Potential Total Floor Floor Area Floor Area DU's Total . Dell n/Plannin Area Gross t Net z FAR.8 Area S . A 4 . Fk 5 S Ft a Per Acre DU's' NEIGHBORHOOD A Ping Area I 14 0.3 1,412,651 822,556 590,095 0 0 Planning Area I -A Educational Uses 66.5 50.2 Elementary School 1s 10.0 10.0 Planning Area 1-B 10.0 10.0 Law Enforcement Training or Education Planning Area 1-C 4.0 4.0 Childm's Care Shelter Planning Area I -D 2.4 2.4 Child Cart Center Planning Area 1-E 1.9 1.9 Education Planning Area 1-F 15.0 15.0 Educational Planning Area 1-G Other 18.5 14.9 SUBTOTAL PLANNING AREA 1 128.3 108.4 N/A 1,412 651 822,556900" 0 0 Planning Area 2 24.1 24.1 0.1 40,531 40,531 0 0 0 PlanningArea 3 5.1 5.1 0.6 133,294 85,215 48,079 0 0 SUBTOTAL NEIGHBORHOOD A 157.5 137.6 N/A 1,586,476 948,302 638,174 0 0 NEIGHBORHOOD B Planning Area 4 54.2 43.4 N/A N/A N/A 7 304 Low Dens' 1-7 du/ac Planning Area 5 51.7 41.4 N/A N/A N/A 15 621 Medium Density 8-15 du/ac Planning Area 7 20.7 19.0 See standards 248,292 0 248,292 0 SUBTOTAL NEIGHBORHOOD B 126.6 103.8 N/A 248,292 0 248,292 N/A 925 NEIGHBORHOOD C Planning Area 6 84.51 94.51 0.161 574,9921 496,0681 78,924 0 0 SUBTOTAL NEIGHBORHOOD C 84.51 84.5 N/A 1 574,9921 496,068 78,924 N/A 1 0 NEIGHBORHOOD D Planning Area 8 Mixed Use 89.5 68.5 See standards 1,975,992 329,032 1,646,960 25 Park 56.3 56.3 High School 13 40.0 40.0 Planning Area 13 77.6 59.3 See standards 2,132,417 0 2,132,417 25 891 Park 12.9 12.9 Planning Area 14 34.3 26.2 See standards 648,870 700 648,170 25 "'-TOTAL NEIGHBORHOOD D 310.6 263.2 N/A --A-757,279 329,7321 4,427,5471 25 891 SECTION 3. Section 3.3.2.A of the MCAS Tustin Speck Plan is hereby amended to read as follows {new text in bold/underline; deleted text in strikeout): E. Special Development ar Reuse Requirements 1. A concept plan approval shall be required for individual subplanning areas 1-A, 1-B, 1- C, 1-D, and 1-E prior to reuse or new development {refer to Section 4.2.E-2 of this Specific Plan}. SECTION 4. Section 4.2.2.A of the MCAS Tustin Specific Plan is hereby amended to read as follows (new text in baldlunderline; deleted text in strikeout): A. Purpose and Application City of Tustin A concept plan shall be prepared and submitted or updated for Zoning Administrator approval concurrent with the submission of a new development proposal, reuse project, or Sector B level map. A concept plan is required for each ,+id~+al Planning Area, except Planning Area 2 (Community Park) , For Planning Area 1, a concept plan may besubmitted for any portion of sub_planning areas: PA 1-A, PA 1-B, PA 1-C, PA 1-D, and PA 1- E, regardless of whether subdivision approvals are being requested or required. Concept Plans may be processed concurrently with a Sector B map or with a site plan and design review where a Sector B map is not necessary, as addressed in Section 4.2.1. The purpose of the concept plan is to document and insure that: 1. The necessary linkages are provided between the development project and the Planning Area/Neighborhood in which it is located; 2. The integrity of the Specific Plan and purpose and intent of each Neighborhood is maintained; and 3. Applicable considerations of City requirements other than those spelled out in this Specific Plan are identifred and satisfied. SECTION 5. Severability If any section, subsection, sentence, clause, phrase, or portion of this ordinarce is for any reason held to be invalid or unconstitutional by the decision of ..any court of competent jurisdiction, such decision shall not affect the validity of the remaining portions of this ordinance. The City Council of the City of Tustin hereby declares that it would have adopted this ordinance and each section, subsection, sentence, clause, phrase, or portion thereof irrespective of the fact that any one or more sections, subsections, sentences, clauses, phrases, ar portions be declared invalid or unconstitutional. Ordinance No. 1379 Page 9 of 10 PASSED AND ADOPTED, at a regular meeting of the City Council f e City of Tustin an this 16th day of March, 2010. ~.~'"~~ ~~' .~ nnayor ~. ~~~ ~~_ . Par~el~ St~'~cer, City Clerk STATE OF CALIFORNIA ) COUNTY OF ORANGE ) SS. CITY OF TUSTIN ) ORDINANCE NO. 1379 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; that the above and foregoing Ordinance No. 1379 was duly and regularly introduced and read at the regular meeting of the City Council held on the 2nd day of March 2010, and was given its second reading, passed and adopted at a regular meeting of the City Council held on the16th day of March 2010, by the following vote: COUNCILPERSONS AYES: COUNCILPERSONS NOES: COUNCILPERSONS ABSTAINED COUNClLPERSONS ABSENT: `~,~-'o ~~ ~h Stoker, Ci lerk Published: Amante, Nielsen, Davert, Palmer, Gavello (5) None (~) None (o) None (~) Ordinance No. 1379 Page 10 of 10