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Home My WebLink AboutPC RES 34911 RESOLUTION NO. 3491 10 11 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 96-001 TO AMEND THE NEWPORT WARREN PLANNED COM/4UNITY TO CHANGE THE LAND USE DESIGNATION FOR PROPERTY LOCATED AT 12581 NEWPORT AVENUE FROM "RESIDENTIAL SINGLE FAMILY - GARDEN OFFICE" TO "GARDEN OFFICE" AND TEXT AMENDMENTS TO MODIFY THE SIDE AND REAR YARD SETBACK STANDARDS. The Planning Commission of the city of Tustin does hereby · resolve as follows: ~ I · The Planning Commission finds and determines as follows: ao .That a proper application, ZC 96-001, has been filed on behalf of Signe Belden, MD to amend the Newport Warren.Planned Co.mmunity to change the Land Use Designation for property located at 12581 Newport Avenue from "R~sidential Single Family - Garden Office" to "Garden Office" and text amendments to modify the side and rear yard setback standards. B· That a public hearing was duly notice, called and held on said application on October 28, 1996 by the Planning Commission. Ce That the proposed project will not have a significant effect on the environment as conditioned, and a Negative Declaration has been prepared pursuant to the provisions of the California Environmental Quality Act (CEQA). De Proposed Zone Change 96-001 would provide a land use designation for the subjegt property which is consistent with' the Land Use Designation of the. adjoining 5 acres of developed property to.the south, fronting onto Newport Avenue. The proposed modifications to development standards will encourage new construction to be physically integrated and compatible with the adjoining residential area. E® The land'use intensity of development on the' subject site or within the entire Newport Warren Planned Community would not be increased over the current land use designation when considered as a whole. 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 Resolution No. 3491 Page 2 Fe Proposed Zone Change 96-001 would be consistent With the policies of the General Plan Land Use Element which identifies the Newport warren Planned Community area as Planned Community Commercial/Business which encourages mixed uses of professional office and commercial uses. II. The Planning Commission hereby recommends that the City Council approve Zone Change 96-001, amending the Newport Warren Planned Community to change the Land Use Designation for property located at 12581 Newport Avenue from "Residential Single Family - Garden office" to "Garden office" and tex~ amendments to modify the side and rear yard setback standards, subject to the conditions contained in Exhibit A and amendments as shown in Exhibit. B attached hereto and incorporated herein by reference. PASSED AND ADOPTED by the Planning Commission of the City of Tustin at a regular meeting he~d on the 28th day of October, 1996. ~ ~/~C~ Recording Secretary LOU BONE chairman STATE OF CALIFORNIA ) COUNTY OF ORANGE ) CITY OF TUSTIN ) I, BARBARA REYES the undersigned, hereby certify that I am the Recording Secretary of the Planning Commission of the City of Tustin, California; that Resolution No. 3491 was duly passed and adopted at a regular meeting of the Tustin Planning Commission, held on the 28th day of October, 1996. Recording Secretary EXHIBIT A RESOLUTION NO. 3491 CONDITIONS OF APPROVAL ZONE CH/YNGE 96-001 (BELDEN) 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 improvements at 12581 Newport Avenue, 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 any building permits. (1) 1.3 The applicant 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 bound copies and one reproducible copy of the Newport Warren Planned Community regulations with all revisions as shown in Exhibit B attached hereto. FEES (2) 3.1 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 $38.00 (thirty-eight 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 no~ delivered to the Community Development Department the above-noted check, the statute of limitations for any interested party to challenge the environmental. determination under the provisions of the California Environmental Quality Act could be significantly lengthened. SOURCE CODES (1) STANDARD CONDITIONS (2) PLANNING COMMISSION POLICY (3) MUNICIPAL CODE (4) UNIFORM BUILDING CODE (5) RESPONSIBLE AGENCY REQUIREMENT Exhibit A Resolution No. 3491 Page 2 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. EXHIBIT B RESOLUTION NO. 3491 NEWPORT WARP~EN PLANI~ED COMMUNITY AMENDMENTS ZC96-001 (BELDEN) . e Section 2.0 entitled Statistical Summary/ Designations shall be amended as follows: Land Use A· Exhibit 1 entitled Planned Community Development shall be revised to reflect the change on Parcel 4 from "Residential Single Family - Garden Office" to "Garden Office" as shown in Attachment 1 to this Exhibit attached hereto and incorporated herein. Be That portion of Table 1 entitled Statistical Summary that identifies Land Use Categories shall be revised to move AP no. 401-181-22 from RSF-GO to GO. Section 3.2, Garden Office (GO), of the Newport Warren Planned community Regulations shall be amended as follows: A· Subsection D.5 entitled Site Development Standards - Minimum Building Yard Setbacks shall be m6dified to read as follows: "b.3 Side Yard Setback -. ~=~ ~ feet from any residential single family d~'~trict or the Residential Single Family-Garden Office land use designation developed with residential uses. Any main building, ~:~ or portion thereof in excess of 18 feet in ~:~~:~"~hall be setback a minimum of 25 feet from an abutting a residential single family district or the Residential Single Family- Garden Office land use designation developed with residential uses." · "c. 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PLANNED COMMUNITY DEVELOPMENT EX~-IIB IT 1 Page 2,,, Parcel Index I.at No. Assessor's l~avccl 1 401-191-30 2 401-191-31 3 401-191-29 4 401-181-22 5 401-181~-51 6 401-181-52 7 401-211-35 8 401-211-36 9 401-211-69 10 401-211-67 11 401-211-65 12 401-211-57 13 401-211-64 14 401-211-59 15 401-211-53 16 401-211-21 17 401-211-15 LEGEND _ Family-Garden Office Garden Office mmm GO ~ GO . 35 45 NOT TO BASE DISTRICT GO 45 MA.XIMUM ltglGlt'l' LIMIiT