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HomeMy WebLinkAboutPC RES 3551RESOLUTION NO. 3551 !0 !! 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF TUSTIN, CALIFORNIA, RECOMMENDING THAT THE CITY COUNCIL APPROVE ZONE CHANGE 97-003 TO AMEND SECTION 3.6.3.A OF THE EAST TUSTIN SPECIFIC PLAN TO ACCOMMODATE SIDE ENTRY GARAGE SETBACKS WITHIN THE LOW DENSITY LAND USE DESIGNATIONS WITHIN SECTOR 8, 9 AND 10 OF THE EAST TUSTIN SPECIFIC PLAN AREA. 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 John Laing Homes, requesting approval of Zone Change 97-003 to amend Section 3.6.3.A of the East Tustin Specific Plan to accommodate side entry garage setbacks within Sectors 8, 9 and 10 of the East Tustin Specific Plan area. B . That a Public Hearing was duly noticed, called and held on said application by the Planning Commission on October 27, 1997. C . That Environmental Impact Report. EIR 85-2, as amended, for the East Tustin Specific Plan has been certified in conformance with the requirements of the California Environmental Quality Act for the subject project. D. Proposed Zone Change 97-003 would be consistent with good land use design by locating school facilities within close proximity to residential development. E · Proposed Zone Change 97-003 would be consistent with the policies of the General Plan Land Use Element, including Policy 9.2, to provide supporting land uses within East Tustin such as schools to serve the residential community. 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 Resolution No. 3551 Page 2 II. The applicant shall pay City's defense costs (including attorneys' fees) and indemnify and hold City harmless from and against any claims, losses, liabilities or damages assessed or awarded against City by way of judgement, settlement or stipulation (including awards for costs, attorneys' fees, and expert witness fees), arising from actions filed against the City challenging the City's approval of Zone Change 97-003. III. The Planning Commission hereby recommends that the City Council approve Zone Change 97-003 amending Section 3.6.3 A2.2(a) of the East Tustin Specific Plan to read as follows- Front yard - For developments located in Sectors 8,9 ~ 10, the front yard setback shall be a minimum of 20-feet, measured from the right-of-way line of either a public or private street (sidewalks are included in ROW =or private streets, ~i provided). A~.tached~s,ide eh5 r~:. ~ara~e s~ma V~i-D e~ s eEoac nca,~ m_~ n lmuml.o I,!?±.u ~.~ee=.~ setbac~-om?_2~..~9~. In all other areas, the front yard setback shall be a minimum of 20-feet from a right-of- way line of both private and public streets or if equipped with an automatic garage door opener, an attached or detached garage shall be a minimum of 5- feet from the right-of-way line for a public or private street. A garage, ~cepE~s~e~ensry~gara.ges~'.~ ~'~H~ ~Ar~,'- in'~ sect6rs~'~ 8.': 9:"~and.r~ 10~'aSove shall no5 have a setback between 9-feet and 2~feet from the right-of-way line. When no sidewalk is provided, 4- feet shall be added to all minimum dimensions. If living a'reas are provided above garage, garage setbacks shall apply, however'the living area will maintain the 20-foot setback. PASSED AND ADOPTED by the Planning Commission of the City of Tustin, at a regular meeting on Planning Commission Secretary the 27th day of October, 1997 Chairm~n 1997. 1 2 Resolution No. 3551 Page 3 3 STATE OF CALIFORNIA ) 4 COUNTY OF ORANGE ) CITY'OF TUSTIN ) 5 I, ELIZABETH A. BINSACK, the undersic~=d~..~ , hereby certify that I am Tusu!n, 6 the Planning Commission Secretary of the City of ~' California; that Resolution No.3551 was duly passed and adopted at 7 a regular meeting of the Tustin Planning Commission, held on the 27th day of October, 1997. 8 !0 Planning Commission Secretary !! !2 i3 15 16 17 18 20 21 22 23 24 25 26 27 28