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HomeMy WebLinkAboutORD 1189 (1997)11 ORDINANCE NO. 1189 2 AN'ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TUSTIN, CALIFORNIA, APPROVING AN AMENDMENT TO TUSTIN CITY CODE. 3 SECTION 9224b, PLANNED DEVELOPMENT DISTRICT, TO IDENTIFY HOME OCCUPATIONS AS OUTRIGHT PERMITTED USES CONSISTENT 4 WITH OTHER RESIDENTIAL ZONING DISTRICTS. 5 The City Council of the City of Tustin does hereby ordain as follows: 6 Section____ I 7 The City Council finds and determines: 8 A, That an amendment to Tustin City Code Section 9224b, 9 planned Development District, has been prepared to identify Home Occupations as outright permitted uses 10 consistent with other residential zoning districts. 11 B. That a public hearing was duly noticed, called and held on said application on October 13, 1997 by the Planning 12 Commission and November 3, 1997 by the City'Council. 13 C. It has been determined that this project would not have a significant effect on the environment and a Negative 14 Declaration has been prepared. 15 D. The proposed amendment is regulatory in nature and would provide consistency for the application and processing of 16 Home Occupations within other residential zoning districts throughout the City. 17 E. The proposed amendment is consistent with the General 18 Plan, particularly the Land Use Element' by ensuring consistency between the General Plan and the Zoning Code. 19 Section I___ I 20 Section 9224b of the Tustin Zoning Code is hereby amended to 21 read as follows: 22 b. Conditionally Permitted Uses 23 Any use permitted in any "R" District is permitted in the Planned Development District (PD), subject to a use 24 permit, except that Home Occupations in accordance with this Chapter are allowed as outright permitted uses. 25 Any application for a use in this district shall be 26 accompanied by complete development plans and architectural sketches showing the site used for planned development; the 27 character and use of adjoining land, the design and character, 28 general size, location and use of all buildings and structures Ordinance No. 1189 Page 2 1 2 3 to be placed on the site, and the location and dimensions of streets, parking areas and other uses. (Ord. No. 175, Sec 2). 4 1. Condominiums as defined in Section 1350 of the Civil 5 Code. 6 2. Community apartment project as defined in Section 11004 of the Business and professions Code. 7 3. Stock cooperatives' as defined in Section 11003.2 of the 8 Business and professions Code. 9 4. Bungalow courts. 10 5. Apartment houses. 11 6. One permanent resident manager's office devoted solely to the rental of the dwelling units on the same parcel, 12 provided said office and surrounding grounds retain a residential character. 13 7. Accessory buildings. 14 8. IAll uses that are subject to a Conditional Use Permit in 15 the R-1 District. 16 9. Senior citizen developments, rest homes for the aged, provided all provisions set forth for this district are 17 complied with. 18 10. Day nursery. 19 11. Large family day care homes, caring for seven (7) to twelve (12) children subject to the standards contained 20 in the R-1 District regulations, (Section 9223a6.)(Ord. No. 911, Sec~ 4, 5-21-84). 21 Section III 22 If any section, subsection, sentence, clause, phrase or 23 portion of this ordinance is for any reason held out be invalid or unconstitutional by the decision of any court of 24 competent jurisdiction, such decision shall not affect the validity of the remaining portions of this ordinance. The 25 City Council of the City of Tustin hereby declares that it would have adopted this ordinance and each section, 26 subsection, sentence, clause, phrase or portion thereof irrespective of the fact that any one or more sections, 27 subsections, sentences, clauses, phrases, or portions be 28 declared invalid or unconstitutional. Ordinance No. 1189 Page 3 1 2° 3 PASSED AND ADOPTED by the City Council of the City of Tustin at a regular meeting held on the 17th of November 1997. 5 JE '~/'~"y.~THOMAS, Mayor 7 · pA~'STOK~, ~t~ er C 8 ORDINANCE CERTIFICATION 9 STATE OF CALIFORNIA ) 10 COUNTY OF ORANGE ) ss. CITY OF TUSTIN ) 11 12 ORDINANCE NO. 1189 13 PAMELA STOKER, City Clerk and ex-officio Clerk of the City 14 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 15 Tustin is five; that the above and foregoing Ordinance was duly and regularly introduced and read at the regular meeting of the City 16 Council held on the 3rd day of November, 1997 and was given its second reading, passed and adopted at a regular meeting of the City 17 Council held on the 17th day of November, 1997 by the following vote: 18 THOMAS, DOYLE, WORLEY COUNCILPERSONS AYES: 19 COUNCILPERSONS NOES: NONE COUNCILPERSONS ABSTAINED: NONE 20 COUNCILPERSONS ABSENT: SALT~ POTTS~~ 21 PA~A STOKER, rk 22 Publ ed: 24 25 26 27 28