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HomeMy WebLinkAboutORD 1210 (1999) ORDINANCE NO. 1210 2 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF 3 TUSTIN, APPROVING ZONE CHANGE 98-005, CHANGING THE ZONING DISTRICT FROM UNCLASSIFIED (U) TO PLANNED 4 DEVELOPMENT (PD) ON A .5 ACRE ABANDONED PARCEL OF CALTRANS RIGHT-OF-WAY ADJACENT TO PROPERTY 5 LOCATED AT 15500 TUSTIN VILLAGE WAY. 6 The City Council does hereby ordain as follows: ? !. The City Council finds and determines as follows: A. That a proper application was filed for Zone Change 98-005 to 9 amend the Zoning District of a .5 acre abandoned Caltrans fight-of- way parcel located adjacent to the I-5/SR-55 freeway interchange at ~0 15500 Tustin Village Way, more specifically described as the Director's Deed recorded on September 28, 1998 as Instrument No. u 19980649965 in the' County of Orange. ~2 B. That a public hearing was duly called, noticed and held on said ~3 application on january 11, 1999 by the Planning Commission, and on January 19, 1999 by the City Council. ].4 C. That on January 11, 1999 the Planning Commission recommended ~5 'that the City Council approve the project.. ~6 D. That the proposed Zone Change 98-005 is consistent with the policies of the General Plan, in that: ].7 ~s 1) · Policy 1.9 encourages the consolidation of unused parcels to increase the opportunities for development and ~9 redevelopment. The proposed .change would allow an abandoned right-of-way parcel to be incorporated into an 20 existing residential community. z~ 2) Policy 5.8 encourages the improvement of edge treatments between transportation fights-of-way and residential developments. The proposed change would allow a :3 residential community the opportunity to redevelop an abandoned freeway fight-of-way parcel that is adjacent to 24 their community. :5 D. A Negative Declaration has been approved for this project-by the City Council in accordance with the provisions of the California _~6 . . Environmental Quality Act (CEQA). 27 I1. The Tustin Village Community Associates shall hold harmless and defend 28 the City of Tustin from all claims and liabilities arising out of a challenge of ,the City's approval of this project. .. Ordinance No. 1210 Page2 2 III. The City Council hereby approves Zone Change 98-005, amending the 3 Zoning District of the subject parcel from "Unclassified" (U) to "Planned Development" (PD), as identified on Exhibit A of Resolution 99-10 4 incorporated herein by reference. 5 IV. If any section, such section, sentence, clause, phrase or portion of this "" 6 ordinance is for any reason held out 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 s ordinance and each section, subsection, clause, phrase or portion thereof irrespective of the fact that any one or more sections, subsections, 9 sentences, clauses, phrases, or portions be declared invalid or unconstitutional. ]0 PASSED AND ADOPTED by the City Council of the City of Tustin, at a regular ~ meeting on the 1st day of February, 1999. ~4 THOMAS R. SALT, A~ELLI ~s K~f~,,.fi ~ Mayor ~6 PAMELA STOKER City Clerk ]? 20 2! 22 23 24 25 26 27 28 City of Tustin ORDINANCE CERTIFICATION STATE OF CALIFORNIA ) COUNTY OF ORANGE ) SS -- CITY OF TUSTIN ) ORDINANCE NO. 1210 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. 1210 was introduced at a regular meeting of the City Council on January 19, 1999, and was passed and adopted at a regular meeting of the City Council held on February 1, 1999 by the following vote: COUNCILMEMBER AYES: Saltarelli, Wodey, Doyle, Potts, Thomas COUNCILMEMBER NOES: None COUNCILMEMBER ABSTAINED: None COUNCILMEMBER ABSENT:- None ~'~.t~10(~ ~ Pamela StOEer,~t9 Clerk