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HomeMy WebLinkAboutORD 1448 (2014)ORDINANCE NO. 1448 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TUSTIN, APPROVING ZONE CHANGE 2014 -002 AMENDING THE ZONING DESIGNATION FROM CENTRAL COMMERCIAL (C2) TO PUBLIC AND INSTITUTIONAL (P &I) FOR A PROPERTY LOCATED AT 450 EL CAMINO REAL TO ACCOMMODATE AN EXISTING PUBLIC PARK USE 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 a proper application has been submitted by the Successor Agency to the Tustin Community Redevelopment Agency to change the zoning designation from Central Commercial (C2) to Public and Institutional (P &I) to accommodate a small public park use at 450 El Camino Real. B. That a public hearing was duly called, noticed, and held on said application on September 9, 2014, by the Planning Commission. Following the public hearing, the Planning Commission adopted Resolution No. 4265 recommending that the Tustin City Council approve Zone Change (ZC) 2014 -002 by adopting Ordinance No. 1448. C. That a public hearing was duly called, noticed, and held on said application on October 7, 2014, by the City Council. D. That the proposed zone change is consistent with the General Plan in that the Old Town Commercial General Plan Land Use Designation includes public /institutional facilities as an acceptable use. The public park use is appropriate under the General Plan Old Town Commercial Land Use Element designation in that the public park serves as a public /institutional facility benefiting the public at large. ZC 2014 -002 implements the following goals and policies of the General Plan Land Use Element: 1. Goal 1: Provide for a well - balanced land use pattern that accommodates existing and future needs for housing, commercial and industrial land, open space and community facilities and services, while maintaining a healthy, diversified economy adequate to provide future City services. 2. Policy 1.11: Where feasible, increase the amount and network of public and private open space and recreational facilities which will be adequate in size and location to be usable for active or passive recreation as well as for visual relief. Ordinance No. 1448 Page 1 of 5 3. Goal 10: Improve and strengthen the Tustin Old Town /First Street area with a unique pedestrian environment and diverse mix of goods, services, and uses. E. That the proposed amendment to the zoning district is in the best interest of the public and ensures consistency between the General Plan, Zoning Ordinance and the existing use in that: 1. The proposed ZC to P &I District would be compatible with the adjacent C2 Zoning Districts in that the zoning designation would allow the existing public park use, with approval of a conditional use permit. 2. The proposed ZC to P &I District would result in a situation that is typical of P &I zones with public parks where it is surrounded by other zoning designations and that the nature of P &I zones is to serve the surrounding community and land uses. F. That the park on the subject property has existed since 2007. The proposed use would not have any impacts to the area since the property is already a respite park and no new modifications are proposed. G. That the park is a positive feature and amenity in the Old Town area in that open space and public park areas in Old Town are limited and the zone change would expand open space and recreation opportunities in the immediate area. H. That the park enhances the variety of uses and activities in the Old Town urban setting and provides more activity options for the Old Town residents and visitors. That this project has been determined to be exempt pursuant to California Environmental Quality Act (CEQA) Section 15061(b)(3) in that CEQA applies only to projects which have the potential for causing a significant effect on the environment. If adopted, the proposed ZC and CUP would ensure consistency between the General Plan and Zoning designations and would allow existing park use. The proposed project has no possibility for significant effect on the environment; therefore, the project is not subject to CEQA. SECTION 2. The City Council hereby adopts Ordinance No. 1448 (Zone Change 2014- 002), amending the Zoning designations of the subject property from Central Commercial (C2) to the Public and Institutional (P &I) zoning district, as identified in Exhibit 1 attached hereto. Ordinance No. 1448 Page 2 of 5 SECTION 3. Severability 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 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, or portions be declared invalid or unconstitutional. PASSED AND ADOPTED, at a regular meeting of the City Council for the City of Tustin on this 21" day of October, 2014. s Ordinance No. 1448 Page 3 of 5 APPROVED AS TO FORM: , DAVID E. KEND G, City Attorney STATE OF CALIFORNIA ) COUNTY OF ORANGE ) SS CITY OF TUSTIN ) CERTIFICATION FOR ORDINANCE NO. 1448 I, JEFFRY C. PARKER, 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 5; that the above and foregoing Ordinance No. 1448 was duly and regularly introduced at the regular meeting of the City Council held on the 7th day of October, 2014, and was given its second reading, passed and adopted at a regular meeting of the City Council held on the 215` day of October, 2014, by the following vote: COUNCILPERSONS AYES: Murray, Puckett, Nielsen, Gomez, Bernstein (5) COUNCILPERSONS NOES: None (0) COUNCILPERSONS ABSTAINED: None (0) COUNCILPERSONS ABSENT: None (0) '�- 4-- JEFFRY City Cler Ordinance No. 1448 Page 4 of 5 u I:XHIIIIT 1 ORDINANCI: NO. 1448 Proposed one Change 2014-002 Ordinance No. 1448 Page 5 of 5 Existing C2 - ;� PoC2 FP - P Proposed