Loading...
HomeMy WebLinkAboutORD 105 (1956)544 ORDINANCE NO. 105 AN ORDINANCE OF THE CITY OF TUSTIN AMENDING ORDINANCE NO. 71 AND PROVIDING PROCEDURE FOR TRE ESTABLISHMENT OF USE ZONES AND BUILDING LINE SETBACK REQUIREMENTS FOR TERRITORY ANNEXED TO THE CITY OF TUSTIN. - The City Council of the City of Tustin does ordain as follows: Section 1. Ordinance No. 71 of the City of Tustin entitled, "An Ordinance Providing for the Establishment of Zones in the City of Tustin,.Adopting a Map Showing said Zones, and a Map Showing Building Lines, Defining the Terms Used in this Ordinance, Providing for it's Adjustment, Enforcement, and Amendment, Prescribing Penalties for Violations and Repealing Any Ordinances or Portions of Ordinances in Conflict Herewith" is hereby amended by add ing thereto Section 18.5 as follows: "Section 18.5. Territory Annexed to the City. ^I A. Procedure: After -the adoption of a resolution by the City Council as provided in Section 35116 of the Government Code of the State of California, or Section 35305 of the. Government Code of the State of California, the following things shall be done: (1.) One copy of such Resolution shall be transmitted to the Planning Commission of the City of Tustin. (2.) One copy of such Resolution shall be transmitted to the City Engineer. (3.) The Planning Commission shall, at least five (5) days prior to the time set for the hearing of protests to any such proposed annexation of.territory to the City of Tustin, report it's recommendations to the City Council of the City of Tustin as to use zoning and building line setback requirements to be established within the territory proposed to be annexed. Said recommendations shall be by 1. written report adopted on motion, or by written resolution of the Planning Commission. Before making any such re- commendations to the City Council, the Planning Commission shall first hold a public hearing on the matter by giving written notice to all owners of real property included -ed within the territory proposed to be annex,v and by pub- lishing a notice of the hearing in ea newspaper of general circulation in the area under consideration. The written notice shall be mailed to the last known address of each property owner as shown on the last equalized county '-,,,property tax assessment roll not less than ten(10) days prior to said hearing, and the publication shall be completed at least ten (10) days before said hearing. (4) The City Engineer of the City of Tustin at the time of the hearing before the Planning Commission shall present a written report of his recommendations concerning the proposed annexation. B. Establishing Zoning and Building Lxne Setback Requirements: At the time set .for the hearing of protests and the resolutions as provided in Sections 35116 and 35305, each in the Government Code of the State of California, the report and recommendations of the Planning Commission of the City of Tustin as required in subsection A above shall be con- sidered and the'City Council shall: 1. In the case of an annexation under the provisions Q of the "Annexation Act of 1913" make a determination by resolution or motion as to how the subject territory shall be zoned and what building line setback requirements shall be established, contingent only upon final annexation to the City. That if the election required in the proceedings required under the "Annexation Act of 1913" is favorable, 4 and said annexation is approved by the City Council of the City of Tustin, the ordinance approving said annexation shall set forth and describe the zoning requirements and a map thereof and the building line setback requirements and a map thereof, theretofore determined in the manner hereinabove described. 2. In the case of an annexation under the provisions of the "Annexation of Uninhabited Territory Act of 1939", establish at the close of the hearing of protests, the zoning and building line setback requirements for the territory to be annexed, together with maps thereof, in the ordinance annexing the subject territory to the City of Tustin, if said territory is so annexed. The action hereinabove provided for in this Section shall be by the affirmative vote of not less than three members of the City Council and the action of the City Council may be different from that recommended by the Planning Commission of the City of Tustin." Section 2. If any section, subsection, sentence, clause, phrase or portion of this Ordinance 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 Council 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 or more sections, subsections, clauses, phrases or portions be declared invalid or unconstitutional. Section 3. To the extent that any ordinance or provision of any ordinance of the City of Tustin shall con- flict herewith, said ordinance or provision of ordinance is hereby.amended to conform to the provisions of this ordinance.. 3. Section 4. Certification and Publication. The City Clerk shall certify to the adoption of this Ordinance, to it's signature by the Mayor., to it's attestation by the City Clerk and shall cause this Ordinance to be publibhed by:=one insertion in the Tustin News, a weekly newspaper of general circulation, printed and circulated in the City of Tustin, Orange County, California. PASSED AND ADOPTED by the City Council of the City of Tustin at it's regular meeting held on the 22nd day of October, 1956. Frank Bacon Jr. Mayor, Pro Tem ATTEST: City Clerk STATE OF CALIFORNIA COUNTY OF ORANGE ) SS. CITY OF TUSTIN The above and foregoing Ordinance was duly and regularly introduced at a regular meeting of the City Council of the City of Tustin held on the 8th day of October, 1956, and was duly passed and adopted at a regular meeting of the City Council held on the 2nd day of October, 1956, by the following vote: AYES: Councilmen: W. L. Tadlock, Vincent Humeston, Lee Byrd. NOES: Councilmen: None ABSENT: Councilmen: Jerome C. Kidd. 544 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 ORDINANCE NO. 105 AN ORDINANCE OF THE CITY OF TUSTIN AMENDING ORDINANCE NO. 71 AND PROVIDING PROCEDURE FOR THE ESTABLISHMENT OF USE ZONES AND BUILDING. LINE SETBACK RE$UIREMENTS FOR TERRITORY ANNEXED TO HE CITY OF TUSTIN The City Council of the City of Tustin does ordain I as follows: Section 1. Ordinance No. 71 of the City of Tustin entitled, "An Ordinance Providing for the Establishment of Zones in the City of Tustin, Adopting a Map Showing said Zones, and a Map Showing Building Lines, Defining the Terms Used in this Ordinance, Providing for its Adjustment, Enforcement, and Amendment, Prescribing Penalties for Violations and Repealing Any Ordinances or Portions of Ordinances in Conflict Herewith" is hereby amended by add- ing thereto Section 18.5 as follows: "Section 18.5. Territory Annexed to the City. A. Procedure: After the adoption of a resolution by the City Council as provided in Section 35116 of the Government Code of the State of California, or Section 35305 of the Government Code of the State of California, the following things shall be done: (1) One copy of such Resolution shall be transmitted to the Planning Commission of the City of Tustin. (2) One copy of such Resolution shall be transmitted to the City Engineer. (3) The Planning Commission shall, at least five (5) days prior to the time set for the hearing of protests to any such proposed annexation of territory to the City of Tustin, report its recommendations to the City Council of the City of Tustin as to use zoning and building line set- back requirements to be established within the territory proposed to be annexed. Said recommendations shall be by 1. I 2 3 4 51 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 written report adopted on motion, or by written resolution of the Planning Commission. Before making any such re- commendations to the City Council, the Planning Commission shall first hold a public hearing on the matter by giving written notice to all owners of real property included within the territory proposed to be annexed, and by pub- lishing a notice of the hearing in a newspaper of general circulation in the area under consideration. The written notice shall be mailed to the last known address of each property owner as shown on the last equalized county propert} tax assessment roll not less than ten (10) days prior to said hearing, and the publication shall be completed at least ten (10) days before said hearing. (4) The City Engineer of the City of Tustin at the time of the hearing before the Planning Commission shall present a written report of his recommendations concerning the proposed annexation. B. Establishing Zoning and Building Line Setback Requirements: At the time set for the hearing of protests and the resolutions as provided in Sections 35116 and 35305, each in the Government Code of the State of California, the report and recommendations of the Planning Commission of the City of Tustin as required in subsection A above shall be con- sidered and the City Council shall: (1) In the case of an annexation under the provisions of the "Annexation Act.of 1913" make a determination by resolution or -motion as to how the subject territory shall be zoned,and.what building line setback requirements shall be established, contingent only upon final annexation to the City. That if the election required in the proceedings required under the "Annexation Act of 1913" is favorable, 2. 11 2 3 4 5 61 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21, 22 23 24 25 26 27, 28 29 30 31 32 and said annexation is approved by the City Council of the City of Tustin, the ordinance approving said annexation shall set forth and describe the zoning requirements and a map thereof and the building line setback requirements and a map thereof, theretofore determined in the manner herein- above described. (2) In the .case of an annexation under the provisions of the "Annexation of Uninhabited Territory Act of 1939", establish at the close of the hearing of protests, the zoning and building line setback requirements for the terri"tory to be annexed, together with maps thereof, in the ordinance annexing the subject territory to•the City of Tustin, if said territory is so annexed. - The action hereinabove provided for in this Section shall be bythe affirmative vote of not less than three members of the City Council and the action of the City Council may be different from that recommended by the Planning Commission of the City of Tustin." Section 2. If any section, subsection, sentence, clause, phrase or portion of this Ordinance is for any reason held to be invalid or unconstitutional by the decision of any court of competent jurisdiction, such de- cision shall not affect the validity of the remaining portions of this Ordinance. The Council 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, clauses, phrases or portions be declared invalid or unconstitutional. Section 3. To�the extent that any ordinance or provision of any ordinance of the City of Tustin shall con- flict herewith, said ordinance or provision of ordinance 3. �I 2 3 4 5 6 7 s 9 10 11 12 13 14 15 16 17 18' 19 20 21 22 23 24 25 26 27 28 29 30 31 32 is hereby amended to conform to the provisions of this ordinance. Section 4. Certification and Publication. The City Clerk shall certify to the adoption of this Ordinance, to its signature by the Mayor, to its attestati by the City Clerk and shall cause this Ordinance to be published by one insertion in the Tustin News, a weekly newspaper of general circulation, printed and circulated in the City of Tustin, Orange County, California. PASSED AND ADOPTED by the City Council of the City of Tustin at its regular meeting held on the 22nd day of October,'1956• ATTEST: City Ulerk STATE OF CALIFORNIA COUNTY OF ORANGE ss. CITY OF TUSTIN The above and foregoing Ordinance was duly and regular. introduced at a regular meeting of the City Council of the City.of Tustin held on the 8th day of October 19569 and was duly passed and adopted at a regular meeting of the City Council held on the.22nd day of October, 1956, by the following vote: AYES: Councilmen: W. L TADLOCK VINCENT PUMESTON, LEE RYRD NOES: Councilmen: NONE ABSENT: Councilmen: JEROME C. KIDD 4-. City Clerk City of Tustin