HomeMy WebLinkAboutORD 1145 (1995) 1
ORDINANCE NO. 1145
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AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
4 TUSTIN, CALIFORNIA, APPROVING ZONE CHANGE 94-006 TO
AMEND SUBSECTION "a" OF SECTION 3.6.3.C3 OF THE
5 EAST TUSTIN SPECIFIC PLAN ENTITLED "PROJECTIONS
INTO REQUIRED SETBACKS" RELATED TO THE DEVELOPMENT
6 STANDARDS FOR THE CONSTRUCTION OF PATIO COVER AND
TRELLIS STRUCTURES WITHIN PATIO HOME DEVELOPMENTS.
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The City Council of the City of Tustin does hereby ordain
8 as follows:
9 I. The City Council finds and determines as follows:
10 A. That an application has been filed by
California Pacific Homes, requesting approval
~11 of Zone Change 94-006 to amend Subsection "a"
of Section 3.6.3.C3 of the East Tustin
12 Specific Plan entitled "Projections into
Required Setbacks" related to the development
13 standards for the construction of patio cover
and trellis structures within Patio Home
14 developments.
15 B. That a public hearing was duly notice, called
and held on said application on February 13,
16 1995 by the Planning Commission and on
February 21, 1995 by the City Council.
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C. That an Environmental Impact Report (EIR 85-2
18 for the East Tustin Specific Plan) has been
previously certified in conformance with the
19 requirements of the California Environmental
Quality Act for the subject project.
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D. Proposed Zone Change 94-006 would not be
21 detrimental to the public health, safety and
general welfare in that the amendments would
22 provide for flexibility in locating patio
cover structures while insuring that the
23 Uniform Building Code requirements for
separation of structures would be satisfied.
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E. Proposed Zone Change 94-006 would be
25 consistent with the City's General Plan,
particularly the Land Use Element in that the
26 amendments would provide for orderly
development.
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Ordinance No. 1145
Page 2
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3 II. NOW, THEREFORE, the City Council of the City
Tustin DOES HEREBY ORDAIN as follows:
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section 1. Subsection "a" of Section 3.6.3.C3 of the East
5 Tustin Specific Plan entitled "Projections into Required Setbacks"
is hereby amended to read as follows, subject to the conditions
6 contained in Exhibit A attached hereto:
7 "Covered patio, trellis or canopies may project into the
required setbacks provided that they do not cover more than 50
8 percent of the private open space and comply with the Uniform
Building Code related to distance requirements between
9 adjacent structures."
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Section 2. Severability
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All of the provisions of this ordinance shall be construed
12 together in order to accomplish the purpose of these regulations.
If any provision of this ordinance is held by a court to be
13 unconstitutional, such unconstitutionality shall apply only to the
particular facts, or if a provision is declared to be
14 unconstitutional .as applied to all facts, all of the remaining
provisions of this ordinance shall continue to be fully effective.
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16 PASSED AND ADOPTED at a regular meeting of the Tustin City
Council, held on the 6th day of March, 1995.
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19 THO~AS R.
MAYOR
21 ~ y E. Wy~n, City Clerk
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EXHIBIT A
ORDINANCE NO. 1145
CONDITIONS OF APPROVAL
GENERAL
(1) 1.1 Unless otherwise specified, the conditions contained in
this Exhibit shall be complied with prior to the approval
of any subsequent patio cover or trellis structure
submittals utilizing the amended standards within the
East Tustin Specific Plan area, subject to review and
approval by the Community Development Department.
(1) 1.2 The applicant shall sign and return an Agreement. to
Conditions Imposed form prior to any subsequent patio
cover or trellis structure approvals utilizing the
amended standards within the East Tustin Specific Plan
area.
(1) 1.3 The applicant shall hold and defend the City of Tustin
harmless for all claims and liabilities out of City's.
approval of the entitlement process for this project.
PLAN SUBMITTAL
*** 2.1 Within 30 days of approval, the'applicant shall submit 20
copies of the applicable pages of the East Tustin
Specific Plan, and a camera ready master, with all
revisions as approved by the subject Ordinance.
FEES
(1) 3.1 Within forty-eight (48') hours of approval. of the subject
project, the applicant shall deliver to the Community
Development-Department, a cashier's'check payable to the
COUNTY CLERK in the amount of $25.00 (twenty-five
dollars) pursuant to AB 318.5, Chapter 1706, Statutes of
1990, enabling the City to file the Notice of
Determination required under Public Resources Code
Section 21152 and 14 Cal. Code of Regulations 15094. If
within such forty-eight (48) hour period the applicant
has not delivered to the Community Development Department
the above-noted check, the approval for the project
granted herein shall be considered automatically null and
void.
SOURCE CODES
(1) STANDARD CONDITIONS (4) UNIFORM BUILDING CODE
(a) PLANNING COMMISSION POLICY (5) RESPONSIBLE AGENCY
(3) MUNICIPAL CODE REQUIREMENT,
Exhibit A
Ordinance No. 1145
Page 2
In addition, should the Department of Fish and Game
reject the Certificate of Fee Exemption filed with the
Notice of determination and require payment of fees, the
applicant shall deliver to the Community Development
Department, within forty-eight (48) hours of
notification, a cashier's check payable to the COUNTY
CLERK in the amount of $850 (eight hundred fifty dollars)
pursuant to AB 3158, Chapter 1706, Statutes of 1990. If
this fee is imposed, the subject project shall not be
operative, vested or final unless and until the fee is
paid.
City of Tustin
ORDINANCE CERTIFICATION
STATE OF CALIFORNIA )
COUNTY OF ORANGE ) SS
CITY OF TUSTIN )
ORDINANCE NO. 1145
Mary E. Wynn, 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. 1145 was introduced at
a regular meeting of the City Council held on February21, 1995 .and was
passed and adopted at a regular meeting of the City Council held on
March 6, 1995 by the following vote:
COUNCILMEMBER AYES: Saltarelli, Potts, Doyle, Thomas, Worley
COUNCILMEMBER NOES: None
COUNCILMEMBER ABSTAINED: None
COUNCILMEMBER ABSENT: None
Valerie Crabill~ Chief Deputy City Clerk
for Mary E. Wynn, City Clerk