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HomeMy WebLinkAboutPC RES 40042 3 4 5 6 7 8 9 10' 11 12 13 14 15 1G 17 18 19 20 21 22 23 24 25 26 27 28 RESOLUTION NO. 4004 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF TUSTIN, CALIFORNIA, RECOMMENDING TO THE CITY COUNCIL APPROVAL OF ZONE CHANGE 92- 002 TO AMEND THE EAST TUSTIN SPECIFIC PLAN LAND USE MAP TO CHANGE THE LAND USE CATEGORY IN THE VICINITY OF LOT 12 OF TRACT 12870 FROM MEDIUM DENSITY TO MEDIUM-HIGH DENSITY RESIDENTIAL WITH MINOR TEXTURAL REVISIONS AND DEVELOPMENT AGREEMENT 92-001 The Planning Commission of the City of Tustin does hereby resolve as follows: I. The Planning Commission finds and determines as follows: A. That an application has been filed by The William Lyon Company, requesting approval of Zone Change 92-002 to change a land use category in the vicinity of Lot 12 of Tract 12870 from Medium Density to Medium-High Density Residential, to make minor textural changes to the East Tustin Specific Plan, and Development Agreement 92-001 establishing a mechanism for acceptance by the City of the applicant's agreement to provide a fi-nancial contribution for construction of park facilities. B. That a public hearing was duly notice, called and held on said application by the Planning Commission on November 10, 1992. C. That an Environmental Impact Report (EIR 85-2 for the East Tustin Specific Plan) has been certified with Addendum No. 4 in conformance with the requirements of the California Environmental Quality Act for the subject project. D. Proposed Zone Change 92-002 would be consistent with good land use design placing higher density residential products adjacent to major arterials minimizing traffic and noise impacts. E. Proposed Zone Change 92-002 and Development Agreement 92-001 would be consistent with the policies of the General Plan Land Use and Housing Elements with placement and encouragement of owner occupied dwellings. Resolution No. 4004 Page 2 F. Development Agreement 92-001 is consistent with uses authorized in the East Tustin Specific Plan, as amended. G. Development Agreement 92-001 is in conformity with the public necessity, convenience, general welfare and good land use practices in that it would provide a mechanism for financial contributions to be made by the applicant to the City for development of park facilities. 1( 11 12 13 14 15 1G 17 I8 19 20 21 22 23 24 25 26 27 28 H. Development Agreement 92-001 would not affect orderly development of the property in that any future development proposal for the property would be subject to the City's Design Review and subdivision process. I. Development Agreement 92-001 would have a positive fiscal impact on the City in that voluntary contributions would be made by the applicant to the City which would be used for development of park facilities. II. The Planning Commission hereby recommends approval to the City Council of Zone Change 92-002, changing the East Tustin Specific Plan land use map~in the vicinity of Lot 12 from Medium Density to Medium- High Density Residential, textural modifications the East Tustin Specific Plan, and Development Agreement 92-001, subject to the Conditions contained in the attached Exhibit A. PASSED AND ADOPTED by the Planning Commission of the City of Tustin at a regular meeting held on the 10th day of November 1992. r~-~-- ,w ~ ~ KATHLEEN CLA CY Recording Secretary ~RJ I ~ ASAL K Chairpe on 1 2 3 9 10 I1 12 131 141 15) 1G 17 18 19 20 21 22 23 24 25 26 27 28 Resolution No. 4004 Page 3 STATE OF CALIFORNIA ) COUNTY OF ORANGE ) CITY OF TUSTIN ) I, KATHLEEN CLANCY the undersigned, hereby certify that I am the Recording Secretary of the Planning Commission of the City of Tustin, California; that Resolution No.4004 was duly passed and adopted at a regular meeting of the Tustin Planning Commission, held on the 10th day of November, 1992. KATHLEEN CLAN Y ~ Recording Secretary E%HIBIT A RESOLUTION NO. 4004 CONDITIONS OF APPROVAL ZONE CHANGE 92-002/DEVELOPMENT AGREEMENT 92-001 (LYON) GENERAL (1) 1.1 Unless otherwise specified, the conditions contained in this Exhibit shall be complied with prior to the issuance of any building permits for the property, 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 the issuance of building permits. (1) 1.3 The developer 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 15 copies of the East Tustin Specific Plan with the following plans and exhibits: a. Revised Sector 7 descriptions. b. The East Tustin Statistical Analysis identified on pages 2-24, 2-25, 3-14 and 3-15 shall be revised to reflect the current acreage totals for the Medium and Medium-High Density Residential land use categories. c. Revised Land Use Map identifying a "MH" designation in the vicinity of Lot 12 of Tract 12870. *** 2.2 Within 30 days of approval, the applicant shall submit a revised Statistical Summary of Tract 12870 to reflect the Medium-High Density Residential land use category on Lot 12 of Tract 12870. The Assumed Unit column shall also be revised based upon current subdivision approvals and applications to not exceed the 3,590 dwellings authorized within Sector 7. OIIRCE CODES (1) STANDARD CONDITIONS (4) IINIFORM BUILDING CODE (2) PLANNING COMMISSION POLICY (5) RESPONSIBLE AGENCY (3) MUNICIPAL CODE REQUIREMENT Exhibit A Resolution No. 4004 Page 2 *** 2.3 Within 30 days of approval, the applicant shall submit 15 copies of a revised large scale Land Use Map. DEVELOPMENT AGREEMENT *** 3.1 Within 30 days of approval, the Development Agreement executed between the applicant and the City shall be recorded on the property. FEES (2) 4.1 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 3185, 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. 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.