HomeMy WebLinkAboutORD 1144 (1995) 1 ORDINANCE NO. 1144
2
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
3 TUSTIN, CALIFORNIA, APPROVING ZONE CHANGE 94-005, A
REQUEST TO AUTHORIZE A ZONE CHANGE OF THE PROPERTY
4 LOCATED AT 14042 RED HILL AVENUE FROM RETAIL
COMMERCIAL (C-1) DISTRICT TO COMMERCIAL GENERAL
5 (CG) DISTRICT.
6 The City Council of the City of Tustin does hereby ordain as
follows:
7
I. The City Council finds and determines as follows:
8
A. That Zone Change 94-005 was submitted by Francher
9 Development Services on behalf of the property
owners, Thaddeus J. Moriarty Jr. and James G.
10 White, for consideration.
11 B. That a public hearing was duly noticed, called and
held on said application by the Planning Commission
12 on November 28, 1994 and by the City Council on
December 5, 1994.
13
C. That the project will not have a significant effect
14 on the environment as conditioned, and a Negative
Declaration has been prepared pursuant to the
15 provisions of the California Environmental Quality
Act.
16
D. That the proposed Zone Change to CommerCial General
17 (CG) District is consistent with all elements of
the Tustin Area General Plan, and in particular the
18 Land Use Element which designates this property
Community Commercial (CC), which would accommodate
19 a broad range of commercial uses and development.
20 E. That the proposed Zone Change to CG is in the best
interest of the public health, safety and welfare
21 of the surrounding area in that the proposed zoning
district designation of CG is compatible with
22 commercial uses surrounding the development.
23 F. That the proposed Zone Change to CG is in the best
interest of the public health, safety and welfare
24 of the surrounding area in that the proposed zoning
district designation of CG is compatible with
25 commercial uses situated adjacent to the freeway.
26 G. That the proposed Zone Change to CG would eliminate
a small single parcel C-1 zoning designation island
27 thereby creating a larger, more logical and
cohesive CG zoning designation with the adjacent
28 parcel located at 1501 Nisson Road.
Ordinance No. 1144
Page 2
1
2
II. The City Council hereby approves Zone Change 94-005
3 changing the zoning designation of the property located
at 14042 Red Hill Avenue, from Retail Commercial (C-i)
4 District to General Commercial (CG) District as shown on
Exhibit A, attached hereto, and subject to conditions
5 contained in Exhibit B, attached hereto.
6 = PASSED AND ADOPTED by the City Council of the City of Tustin
at a regular meeting held on the 3rd day of January, 1995.
7
8
THOMAS R. SA~TARELLI
10 MAYOR
11 ~ ~ '
1~ ~__~E. WYNN,
CLERK
13
STATE OF CALIFORNIA )
14 COUNTY OF ORANGE )
CITY OF TUSTIN )
15
CERTIFICATION FOR ORDINANCE NO. 1144
16
MARY E. WYNN, City Clerk and ex-officio Clerk of the City
17 Council of the City of Tustin, California, does hereby certify
that the whole number of the members of the City Council of
18 the City of Tustin is 5; that the above and foregoing
Ordinance No. 1144 was duly and regularly passed,
19 and adopted at a regular meeting of the Tustin City Council,
held on the 3rd day of January, 1995.
20 -
COUNCILMEMBER AYES: Saltarelli, Ports, Doyle, Thomas, Worley
21 COUNCILMEMBER NOES: None
COUNCILMEMBER ABSTAINED: None
22 COUNCILMEMBER:ABSENT: None
23 ~~~~
24 '~E. WYNN
Clerk
25
26
27
28
EXHIBIT A
ZONE CHANGE 94-0O5
14O42 RED HILL AVENUE
ASSESSOR PARCEL NO. 432-4O2-04
REZONE PROPERTY FROM C-1 (RETAIL COMMERCIAL)
TO CG (COMMERCIAL GENERAL)
S A N TA A AIA FREEWA Y ..........................................................
'1
~Z3, 74 '
N/SSON ~0, . ~.o,'
NORTH
SCALE: 1 "= 100'
AREA AFFECTED BY ZONE CHANGE
EXHIBIT B
ZONE CHANGE 94-005
CONDITIONS OF APPROVAL
ORDINANCE NO. 1144
GENERAL
(1) 1;1 The applicant shall sign and return an Agreement to
Conditions Imposed form prior to Planning Commission
review of subsequent land use applications.
(1) 1.2 The applicant shall hold and defend the City of Tustin
harmless for all claims and liabilities arising out of
the Cityfs approval of the entitlement process for this
project.
(2) 1.3 Prior to the subject Zone Change becoming effective, the
(5) applicant shall be required to enter into an Agreement
with the City for: A) the dedication of required right-
of-way along the Red Hill Avenue frontage, including the
corner cut off at Nisson Road; and B) the construction of
ultimate improvements along the Red Hill Avenue frontage
and northeast corner of Nisson Road prior to issuance of
any Certificate of Occupancy, with reimbursement of said
construction costs to the applicant by the City. The
diagonal lines for the cut-offs shall align with the
BC/EC (beginning of curb return/end of curb return) of
the future curb returns.
**** 1~4 Within forty-eight (48) hours of approval of the
subject (5)project, the applicant shall deliver to
the Community Development Department, a cashierfs check
payable to the COUNTY CLERK in the amount of $25.00
(twenty five dollars) pursuant to AB 3158, Chapter 1706,
Statues of 1990, to enable the City to file the Notice of
Determination required under Public Resources Code
Section 21152 and 14 Cal. Code of Regulations 15075. If
within such forty-eight (48) hour period that 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 CONDITION (5) RESPONSIBLE AGENCY REQUIREMENT
(2) CEQA MITIGATION (6) LANDSCAPING GUIDELINES
(3) UNIFORM BUILDING CODE/S (7) PC/CC POLICY
(4) DESIGN REVIEW (8) MUNICIPAL CODE
**** EXCEPTION