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HomeMy WebLinkAboutORD 1282 (2004)ORDINANCE NO. 1282 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TUSTIN, CALIFORNIA, AMENDING THE ZONING MAP OF THE CITY OF TUSTIN FOR PARCEL 1 OF PARCEL MAP NO. 84-1029, A 3.23 ACRE SITE LOCATED AT 14552 NEWPORT AVENUE, FROM THE COMMERCIAL GENERAL (CG) ZONING DISTRICT TO THE MULTIPLE FAMILY RESIDENTIAL (R-3) ZONING DISTRICT (ZONE CHANGE 03-001) The City Council finds and determines as follows: A proper application has been filed for Zone Change 03-001 to amend the zoning district of property located at 14552 Newport Avenue, known as Parcel 1 of Parcel Map No. 84-1029, from Commercial General (CG) to Multiple Family Residential (R-3). On November 10, 2003, the Planning Commission recommended that the City Council approve Zone Change 03-001 to amend the zoning district of the property located at 14552 Newport Avenue from Commercial General (CG) to Multiple Family Residential (R-3). A public hearing was duly called, noticed, and held on said application on December 1, 2003, by the City Council, and the City Council has considered the staff report and all evidence and testimony presented to the City Council at the public hearing. The proposed amendment to the City's Zoning Map is in the best interest of the public in that: The proposed zone change is consistent with General Plan Amendment 03-001, if approved by the City Council. Amending the existing zoning to the Multiple Family Residential (R-3) zoning district provides an opportunity to create additional affordable housing units to accommodate Tustin's share of regional housing needs identified by Southern California Association Government (SCAG). The proposed Multiple Family Residential (R-3) zoning district is compatible with the character and uses of adjacent districts and consistent with existing Multiple Family Residential (R-3) uses located to the east of the site. Ordinance No. 1282 Page t of 5 The proposed zone change would accommodate the development of a for-sale condominium project and provide housing ownership opportunities in an area that is concentrated with rental housing. The proposed zone change is compatible with and implements the objectives, policies, and goals of the General Plan as follows: Land Use Policy 1.1: The project is accessible through the City's current street system and the project could be supported with existing transportation and public facilities. Land Use Policy 1.5: The project would provide a complementary infill for-sale residential development in an area that is concentrated with rental housing. Land Use Policy 2.2: With the approval of GPA 03-001, the zoning designation of Multiple Family Residential (R-3) will be consistent with High Density Residential land use designation. Housing Goal 1: The project will be for for-sale housing to provide ownership opportunities. Housing Policy 1.1: The site is identified by the General Plan as an underutilized land suitable for housing development where potential affordable housing units could be created and the project includes ten (10) affordable housing units to accommodate the City's share of regional housing needs identified by SCAG. Housing Policy 1.12: The project includes the use of tax increment housing set aside funds through the execution of a Housing Assistance Agreement by and between the Tustin Community Redevelopment Agency and the site developer (The Olson Company) to assist in the creation of ten (10) affordable units for a period of not less than forty-five (45) years. A Final Mitigated Negative Declaration has been adopted by Resolution No. 03-130 for this zoning map amendment and related entitlements in accordance with the provisions of the California EnvirOnmental Quality Act (CEQA) and the City Council finds, on the basis of the whole record before it (including the initial study and any comments received), that there is no substantial evidence that the zone change will have a significant effect on the environment and that the negative declaration reflects the City's independent judgment and analysis. Ordinance No. 1282 Page 2 of 5 The City Council of the City of Tustin ordains as follows: Section 1. The City Council hereby adopts the Final Mitigated Negative Declaration prepared in conjunction with Zone Change 03-001 as the controlling environmental document for this zone map amendment. Section 2. The City Council approves Zone Change 03-001 and amends the Zoning Map of the City of Tustin in accordance with Exhibit A, attached hereto. Section 3. This ordinance shall become effective at 12:01 am on the thirty-first day after passage. PASSED AND ADOPTED by the City Council of the City of Tustin, at a regular meeting on the 5th day of January, 2004. TONY KAV~SHIMA, Mayor ATTEST: ~/?. -'LA' ,Mr. ,E~,~.~. S T O K E R City ~lerk Ordinance No. 1282 Page 3 of 5 STATE OF CALIFORNIA ) COUNTY OF ORANGE ) CITY OF TUSTIN ) SS 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 (5); that the above and foregoing Ordinance No. 1282 was duly and regularly introduced at a regular meeting of the Tustin City Council, held on the 1st day of December, 2003, and was given its second reading, passed, and adopted at a regular meeting of the City Council held on the 5th day of January, 2004 by the following vote: COUNCILMEMBER AYES: COUNCILMEMBER NOES: COUNCILMEMBER ABSTAINED: COUNCILMEMBER ABSENT: Davert, Kawashima, Worley Hagen (3) Bone (1) None (0) Thomas (1) /~'~- PAM EI~.A STOKER, City Clerk Ordinance No. 1282 Page 4 of 5 Exhibit A Ordinance No. 1282 Zone Change 03-001 R3 ~ ,, \ C-1 From Commercial Oeneral Section 9235 of Tustin City Code Existing Zoning Designation To Multiple Family Residential (R3) Section 9226 of Tustin City Code Proposed Zoning Dasignation 14552 Newport Avenue (Parcel I of Parcel Map 64-1029, in the City of Tustin, County of Orange) Ordinance No. 1282 Page 5 of 5