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Home My WebLink AboutORD 1212 (1999) ! ORDINANCE NO. 1212 2 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ' 3 TUSTIN, APPROVING ZONE CHANGE 99-001, CHANGING THE ZONING DISTRICT FROM UNCLASSIFIED (U) TO PLANNED 4 DEVELOPMENT (PD) ON AN 8,923 SQUARE FOOT ABANDONED PARCEL OF CALTRANS RIGHT-OF-WAY s ADJACENT TO PROPERTY LOCATED AT 15500 TUSTIN ,,.. s VILLAGE WAY. ? The City Council does hereby ordain as follows: s I. The City Council finds and determines as follows: 9 A. That a proper application was filed fo~ General Plan Amendment 99-001 and Zone Change 99-001 to amend the Zoning District of ~0 an 8,923 square foot abandoned Caltrans right-of-way parcel located adjacent to the I-5/SR-55 freeway interchange at 15500 ~ Tustin Village Way, more specifically described as the Director'S Deed recorded on September 28, 1998 as Instrument No. ~2 19980649966 in the County of Orange and shown as Exhibit A ~3 attached hereto. ~4 B. That a public hearing was duly called, noticed and held on said application on February 22,- 1999 by the Planning Commission, and is on March 1, 1999 by the City Council. ~6 C. That on February 22, 1999 the Planning Commission recommended that the City Council approve the project. D.' : That' the proposed Zone Change 99-001 is consistent with the ~s policies of the General Plan, in that: 19 ,-.- t ) Policy 1.9 encourages the consolidation of unused parcels 20 to increase the opportunities for development and redevelopment. The proposed change would allow an 21 abandoned right-Of-way parcel to be incorporated into an existing residential community. ~ 2) Policy 5.8 encourages the improvement of edge treatments between transportation rights-of-way and residential 24 developments. The proposed change would allow a residential community the opportunity to redevelop an 2s abandoned freeway right-of-way parcel that is adjacent to their community. 26 27 E. Approval of Zone Change 99-001 is contingent upon approval by the City Council of General Plan Amendment 99-001. 28 29 1 Ordinance No. 1212 Page 2 : - F. . A Negative Declaration has been approved for this project by the 3 '. City Council in accordance with the provisions of the California 4 : Envirodmental Quality Act (CEQA). 5 II. The Tustin Village Community Associates shall hold harmless and defend the City of Tustin from all claims and liabilities arising out of a challenge of 6 the City's approval of this project. ? Ill. The City Council hereby approves Zone Change 99-001, amending the Zoning District of the subject parcel from "Unclassified" (U) to "Planned s Development" (PD), as identified on Exhibit A attached hereto. 9 IV. If any section, such section, sentence, clause, phrase or portion of this ordinance is for any mason held out to be invalid or unconstitutional by the ~0 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 ~2 ordinance and each section, subsection,' clause, phrase or portion thereof irrespective of the fact that any one or more sections, subsections, is sentences, clauses, phrases, or portions be declared invalid or unconstitutional. 14 PASSED AND ADOPTED by the City Council of the City of Tustin, at a regular ~s meeting on the 15"' day of March, 1999. ].6 ~s THOMAS R. S,z~'TARELLI ~9 ~,.~_., ~ Mayor 20 PAMELA STOKER' City Clerk 2]. 22 23 24 25 26 27 28 29 ZONING DISTRICT: 1 s• ` ' PLANNED DEVELOPMENT (PD) YI � GENERAL PLAN DESIGNATION: HIGH DENSITY RESIDENTIAL L .. j. 4. C L �'•�, a..:1'' t;r :•y., (i )rn N E: C ��) j' `� / ! �• 4 t 'Z � i �j 2 THAT PORTION OF PARCEL 1, IN THE CITY OF TUSTIN. COUNTY OF ^ 1 ORANGE. STATE OF CALIFORNIA, AS DESCRIBED IN A DEED TO THE I� kz I STATE OF CALIFORNIA RECORDED ON NOVEMBER 16, 1853 IN BOOK G1 2614, PAGE 13 OF OFFICIAL RECORDS IN THE OFFICE OF THE COUNTY RECORDER OF SAIR ORANGE COUNTY, LYING SOUTHWESTERLY OF THE FOLLOWING DESCRIBED UNE. ry / ` 1C1 l BEGINNING AT THE SOUTHEASTERLY TERMINUS OF THE CURVE DESCRIBED AS HAVING A RADIUS OF 828.00 FEET IN PARCEL 725SA-1 OF THE FINAL ORDER OF CONDEMNATION RECORDED ON MARCH 29. 1996 j IN DOCUMENT NO. 19960153956 OF OFFICIAL RECORDS IN THE OFFICE S OF THE COUNTY RECORDER OF SAID ORANGE COUNTY: THENCE CONTINUING EASTERLY ALONG SIAO CURVE 57.11 FEET THROUGH A `\ CENTRAL ANGLE OF 3.57'07•: THENCE NON-TANGENT TO SAID CURVE t �• SOUTH 13.4638' EAST 45.12 FEET TO THE BEGINNING OF A NON- \1 TANGENT CURVE CONCAVE SOUTHWESTERLY AND HAVING A RADIUS OF 801.33 FEET, A RADIAL TO SAID POINT BEARS NORTH 41.16'56• EAST: THENCE ALONG SIAD CURVE SOUTHEASTERLY AND SOUTHERLY 438.50 FEET THROUGH A CENTRAL ANGLE OF 3141'11' TO THAT CERTAIN COURSE DESCRIBED AS 'NORTH 49'10'02' WEST 215.33 FEET' IN PARCEL 4A OF THE FINAL ORDER OF CONDEMNATION RECORDED ON MAY 17, EXHIBIT (J (� w 1961 1N BOOK 5724, PAGE 681 OF OFFICIAL RECORDS IN THE OFFICE OF EX j j t H I I I I STATE PET 4 THE COUNTY RECORDER OF SAID ORANGE COUNTY. EXCEPTING THEREFROM THAT CERTAIN. PARCEL OF LAND As ORDINANCE 1212 DESCRIBED IN A DEED TO CHARLES M. PLUM AND MAE H. PLUM, t C r RECORDED SEPTEMBER 18. 1957 IN BOOK 40x0. PAGE 597 OF OFFICIAL I Nr OP,MA T I Q N A ` r `I= RECORDS IN THE OFFICE OF THE COUNTY RECORDER OF SAID ORANGE • _ _ _ _ _ _ .. _ _ - COUNTY. +tet City of Tustin ORDINANCE CERTIFICATION STATE OF CALIFORNIA ) COUNTY OF ORANGE ) SS CITY OF TUSTIN ) ORDINANCE NO. 1212 Pamela Stoker, City Clerk and ex-officio Clerk of the City Council of the City of Tustin, Califomia, 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. 1212 was introduced at a regular meeting of the City Council on March 1, 1999, and was passed and adopted at a regular meeting of the City Council held on March 15, 1999 by the following vote: COUNCILMEMBER AYES: Saltarelli, Wodey, Doyle, Potts, Thomas COUNCILMEMBER NOES: None COUNCILMEMBER ABSTAINED: None COUNCILMEMBER ABSENT: None