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HomeMy WebLinkAboutORD 1294 (2005) ORDINANCE NO. 1294 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TUSTIN, ADOPTING PREZONE 04-001 PREZONING MCAS TUSTIN SPECIFIC PLAN DISPOSITION PARCEL 36 FROM THE CITY OF IRVINE "2.3 MEDIUM DENSITY RESIDENTIAL" ZONING DISTRICT TO THE CITY OF TUSTIN "MCAS TUSTIN SPECIFIC PLAN" ZONING DISTRICT (SP-1 SPECIFIC PLAN) The City Council of the City of Tustin does hereby ordain as follows: Section 1. FINDINGS The City Council finds and determines as follows: A. That a proper application for Prezone 04-001 was submitted by Moffet Meadows Partners, LLC. B. That Moffet Meadows Partners, LLC has filed a landowner petition with the Local Agency Formation Commission (LAFCO) for the reorganization of the boundary between Tustin and Irvine, including the detachment of approximately 21.6 acres from the City of Irvine and annexation of the same 21.6 acres to the City ofTustin. C. Prior to taking action on the proposed reorganization, LAFCO requires that the City of Tustin adopt a Prezone for the territory to be annexed. D. That on December 14, 2004, the City of Irvine adopted a resolution supporting the proposed boundary reorganization involving the detachment of 21.6 acres from the City of Irvine and the corresponding annexation of 21.6 acres to the City of Tustin. E. Prior to annexation, a prezoning is required. The prezoning would become the official zoning of the affected territory upon annexation. F. The annexation of MCAS Tustin Specific Plan Disposition Parcel 36 will improve the delivery of public services for future residents within the subject territory. G. That the proposed prezoning is consistent with the General Plan Land Use Designation "MCAS Tustin Specific Plan," which provides for low density residential development on MCAS Tustin Specific Plan Disposition Parcel 36. The project has been reviewed for consistency with the Air Quality Sub- element of the City of Tustin General Plan and has been determined to be consistent with the Air Quality Sub-element. Ordinance No. 1294 Page 1 of~ H. That a public hearing was duly called, noticed, and held for said application on January 24, 2005, and continued to February 14, 2005, by the Planning Commission. Following the public hearing, the Planning Commission recommended approval of Prezone 04-001. I. That a public hearing was dully called, noticed, and held on Prezone 04-001 on February 7, 2005, and continued to February 22, 2005, by the City Council. Section 2. The City Council hereby adopts Prezone 04- 001 for Annexation 159 by prezoning MCAS Tustin Specific Plan Disposition Parcel 36 from the City of Irvine "2.3 Medium Density Residential" zoning district to the City of Tustin "MCAS Tustin Specific Plan" zoning district (SP-1 Specific Plan.) Section 3. SEVERABILITY All of the provisions of this ordinance shall be construed together to accomplish the purpose of the regulations. If any provision of this part is held by a court to be invalid or unconstitutional, such invalidity or unconstitutionality shall apply only to the particular facts, or if a provision is declared to be invalid or unconstitutional as applied to all facts, all of the remaining provisions of this ordinance shall continue to be fully effective. PASSED AND ADOPTED by the City Council of the City of Tustin, at a regular me";09 00 the 1" "y of M'mh, 2005. ~ ~ LOU BONE ~ Mayor ATTEST: _~1~~ PAME STOKER City Clerk Ordinance No. 1294 Page 2 of 3 STATE OF CALIFORNIA COUNTY OF ORANGE CITY OF TUSTIN ) )SS ) I, Pamela Stoker, City Clerk of the City of Tustin, California hereby certify that the foregoing is a full, true and correct copy of the Ordinance introduced at a regular meeting of the City Council of the City of Tustin duly held on February 22, 2005, of which meeting all of the members of said City Council had due notice and at which a majority thereof were present; and was finally passed and adopted not less than five days thereafter on March 7, 2005, by the following vote: COUNCILMEMBER AYES: COUNCILMEMBER NOES: COUNCILMEMBER ABSTAINED: COUNCILMEMBER ABSENT: RONF nAVFR'l' AMAN'l'F, HA('.FN KAWASHTMA !'i) NONE (0) NONE (0) NONE (0) ~~-<) PAr A STOKER, City Clerk Ordinance No. 1294 Page 3 of 3