HomeMy WebLinkAboutPC RES 33101 RESOLUTION NO. 3310
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A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY
OF TUSTIN, CALIFORNIA, RECOMMENDING TO THE CITY
COUNCIL APPROVAL OF ZONE CHANGE 94-005, A REQUEST
TO AUTHORIZE A ZONE CHANGE OF THE PROPERTY LOCATED
AT 14042 RED HILL AVENUE FROM RETAIL COMMERCIAL (C-
1) DISTRICT TO COMMERCIAL GENERAL (CG) DISTRICT.
The Planning Commission of the City of Tustin does hereby
resolve as follows:
I. The Planning Commission finds and determines as follows:
a.
That Zone Change 94-005 was submitted to the
Planning Commission by Fancher Development Services
on behalf of the property owners, Thaddeus J.
Moriarty Jr. and James G. White, for consideration.
B .
That a public hearing was duly noticed, called and
held on said application by the Planning Commission
on November 28, 1994.
C o
That the 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.
D ,
That the proposed Zone Change to Commercial General
(CG) District is consistent with all elements of
the Tustin Area General Plan, and in particular the
Land Use Element which designates this property
Commercial (C), which would accommodate a broad
range of commercial uses and development.
That the proposed Zone Change to CG is in the best
interest of the public health, safety and welfare
of the surrounding area in that the proposed zoning
district designation of CG is compatible with
commercial uses surrounding the development.
F ·
That the proposed Zone Change to CG is in the best
interest of the public health, safety and welfare
of the surrounding area in that the proposed zoning
district designation of CG is compatible with
commercial uses situated adjacent to the freeway.
G ·
That the proposed Zone Change to CG would eliminate
a small single parcel C-1 zoning designation island
thereby creating a larger, more logical and
cohesive CG zoning designation with the adjacent
parcel located at 1501 Nisson Road.
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Resolution No. 33~ 0
Page 2
II. The Planning Commission hereby recommends to the City
Council approval of Zone Change 94-005 changing the
zoning designation of the property located at 14042 Red
Hill Avenue, from Retail Commercial (C-I) District to
General Commercial (CG) District as shown on Exhibit A,
attached hereto, and subject to conditions contained in
Exhibit B, attached hereto.
~'P~ssED AND ADOPTED b~°the Pia~n~ng C0mmi~'~i0n o3 the ~city ~f
Tustin at a r~gular meeting he%d on the 28th day of November,
1994.
BARABARA R~
Secretary
STATE OF ~AL!FORNIA )
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. 3310 was duly
passed and adopted at a regular meeting of the Tustin Planning
Commission, held on the 28th day of November, 1994.
Recording Secretary
EXHIBIT A
ZONE CHANGE 94-005
14042 RED HILL AVENUE
ASSESSOR PARCEL NO. 432-402-04
REZONE PROPERTY FROM C-1 (RETAIL COMMERCIAL)
TO CG (COMMERCIAL GENERAL)
$ A/V TA A A/A F/:?£~' WA Y
'l
.... ::::::::::::::::::::: ~'
NISSON RO
NORTH
--
! SCALE: 1'"= 100'
~.::::::::t AREA AFFECTED BY ZONE CHANGE
EXHIBIT B
ZONE CHANGE 94-005
CONDITIONS OF APPROVAL
RESOLUTION NO. 3310
GENERAL
(1) 1.1 The applicant shall sign and return an Agreement to
Conditions Imposed form prior to Planning Commission
review of subsequent land use applications.
(1) 1.2 The applicant shall hold and defend the City of Tustin
harmless for all claims and liabilities arising out of
the City's approval of the entitlement process for this
project.
(2) 1.3 Prior to the subject Zone Change becoming effective, the
(5) applicant shall be required to enter into an Agreement
with the City for: A) the dedication of required right-
of-way along the Red Hill Avenue frontage, including the
corner cut off at Nisson Road; and B) the construction of
ultimate improvements along the Red Hill Avenue frontage
and northeast corner of Nisson Road prior to issuance of
any Certificate of Occupancy, with reimbursement of said
construction costs to the applicant by the City. The
diagonal lines for the cut-offs shall align with the
BC/EC (beginning of curb return/end of curb return) of
the future curb returns.
**** 1.4 Within forty-eight (48) hours of approval of the subject
{5) 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 3158, Chapter 1706, Statues of
1990, to enable the City to file the Notice of
Determination recuired under Public Resources Code
Section 21152 and 14 Cal. Code of Regulations 15075. if
within such forty-eight (48) hour period that 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.
SOURCE CODES
(1) STANDARD CONDITION (5) RESPONSIBLE AGENCY REQUIREMENT
(2) CEQA MITIGATION (6) LANDSCAPING GUIDELINES
(3) UNIFORM BUILDING CODE/S (7) PC/CC POLICY
(4) DESIGN REVIEW (8) MUNICIPAL CODE
**** EXCEPTION