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HomeMy WebLinkAboutORD 1193 (1998) ORDINANCE NO. 1193 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TUSTIN, CALIFORNIA APPROVING ZONE CHANGE 97-004 AMENDING SECTION 3.1 (B)(3) OF THE JAMBOREE PLAZA DISTRICT REGULATIONS TO ALLOW SELF-SERVICE CARWASHES AS A PERMITTED USE WITH1N PLANNING AREA A OF THE JAMBOREE PLAZA PLANNED COMMUNITY ON THE NORTHWEST CORNER OF EDINGER AVENUE AND JAMBOREE ROAD. The City Council of the City of Tustin does hereby ordain as follows: I. The City Council finds and determines as follows: A. That an application has been filed by RBC Americorp, Inc., requesting approval of Zone Change 97-004 to amend Section 3.1 (B)(3) of the Jamboree Plaza Planned Community District Regulations to allow self- service carwashes as a permitted use within Planning Area A. B. That a Public Hearing was duly noticed, called and held on said application by the Planning Commission on November 24, 1997. C. That a Public Hearing was duly noticed, called and held on said application by the City Council on December 1, 1997. D. That a Negative Declaration has been approved by the City Council in conformante with the requirements of the California Environmental Quality Act. E. Proposed Zone Change 97-004 is consistent with the policies of the General Plan in that the subject site is located within a Planned Community Commercial/Business land use designation. This land use designation provides for a mixture of uses and activities permitted in the Community Commercial, Professional Office, and Industrial land use designations. These land use categories provide for a variety of retail, office, and commercial uses. F. Proposed Zone Change 97-004 is consistent with the Jamboree Plaza Planned Community in that the intent of the District Regulations is to provide for a variety of auto-related, retail, commercial, office, and public agency uses. In addition, Planning Area A is intended to provide for individual pad development of freestanding facilities along the Edinger Avenue frontage and to provide services to the motoring public such as drive-thru restaurants, carwashes, service stations, and convenience markets. Ordinance No. 1193 Page 2 II. RBC Americorp, Inc. shall hold harmless and defend the City of Tustin from all claims and liabilities arising out of a challenge of the City's approval of this project. III. The City Council hereby approves Zone Change 97-004 amending Section 3.1 (B)(3) of the Jamboree Plaza Planned Community District Regulations to read as follows: "Carwashes, including self service carwashes. P" IV. If any section, subsection, sentence, clause, phrase or portion of this 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 ordinance and each section, subsection, 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 by the City Council of the City of Tustin, at a regular meeting on the 5th day of January, 1998. MJ~ayo/rr~( )~(THOMAS PAMELA STOKE~ City Clerk City of Tustin ORDINANCE CERTIFICATION STATE OF CALIFORNIA ) COUNTY OF ORANGE ) SS CITY OF TUSTIN ) ORDINANCE NO. 1193 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. 1193 was introduced at at regular meeting of the City Council on December 1, 1997, and was passed and adopted at a regular meeting of the City Council held on January 5, 1998 by the following vote: COUNCILMEMBER AYES: Thomas, Saltarelli, Doyle, Potts, Worley COUNCILMEMBER NOES: None COUNCILMEMBER ABSTAINED: None COUNCILMEMBER ABSENT: None PaPa 'Stoke~, ~ty Clerk