HomeMy WebLinkAboutPC RES 3920
RESOLUTION NO. 3920
A RESOLUTION OF THE PLANNING COMMISSION APPROVING
CONCEPT PLAN 04-001 FOR PROPOSED DEVELOPMENT OF
COMMERCIAL USES WITHIN PLANNING AREAS 16, 17, AND 19 OF
THE MCAS-TUSTIN SPECIFIC PLAN
The Planning Commission of the City of Tustin does hereby resolve as follows:
I.
F.
The Planning Commission finds and determines as follows:
A.
That Vestar Development Company/Kimco Tustin, LP. submitted a
proper application for Concept Plan 04-001 to develop 1,006,100
square feet of commercial uses on Disposition Parcels 10, 11, and
12 within Planning Areas 16, 17, and 19 of the MCAS Tustin
Specific Plan;
B.
That the Planning Commission continued consideration of Concept
Plan 04-001 from July 12, 2004, to July 26, 2004;
C.
That the proposed project is consistent with the "MCAS-Tustin
Specific Plan" land use designation of the Tustin General Plan,
which provides for a variety of development opportunities in
accordance with the MCAS Tustin Specific Plan. 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;
D.
That pursuant to Section 4.2.1 of the MCAS Tustin Specific Plan,
submittal of a concept plan for development of planning areas is
required prior to or concurrent with an initial subdivision application;
E.
That Vestar Development Company has submitted concurrent
development applications identified as Vesting Tentative Tract Map
16695, Design Review 04-010, Conditional Use Permit 04-015, and
Variance 04-002; and,
That Concept Plan 04-001 is in conformance with the Tustin Area
General Plan and MCAS Tustin Specific Plan. Approval of Concept
Plan 04-001 and implementation of conditions contained in
Resolution Nos. 3920, 3921, 3922, 3923, and 3924, would achieve
the development concepts set forth by the MCAS Tustin Specific
Plan, including:
Resolution No. 3920
Page 2
1.
Ensuring the continuity and adequacy of all circulation
systems, such as: roadways, access points, pedestrian ways
and other infrastructure systems needed to serve the project;
Ensuring the continuity and design quality of architecture,
landscape, and hardscape themes and treatments;
Providing urban design features as per Chapters 2 and 3 of
the MCAS Tustin Specific Plan;
Ensuring conformity with the Non-Residential Land Use Trip
Budget; and,
Ensuring compliance with all applicable provisions of the
MCAS Tustin Specific Plan.
2.
3.
4.
5.
The Planning Commission hereby approves Concept Plan 04-001 to
develop 1,006,100 square feet of commercial uses on Disposition Parcels
10,11, and 12 within Planning Areas 16,17, and 19 of the MCAS Tustin
Specific Plan, subject to the conditions of approval attached hereto.
II.
PASSED AND ADOPTED at a regular meeting of the Tustin Planning
Commission held on the 26th day of July, 2004
ß~zL~
ELIZABETH A. BI SACK~
Planning Commission Secretary
STATE OF CALIFORNIA)
COUNTY OF ORANGE)
CITY OF TUSTIN )
\, ELIZABETH A. BINSACK, the undersigned, hereby certify that I am the
Planning Commission Secretary of the Planning Commission of the City of
Tustin, California; that Resolution No. 3920 was duly passed and adopted at a
regular meeting of the Tustin Planning Commission, held on the 26th day July,
2004. ~
ß~ :~~e4
ELIZABETH A. BINSACK
Planning Commission Secretary
(1 )
(1 )
(1 )
1.3
EXHIBIT A
CONCEPT PLAN 04-001
RESOLUTION NO. 3920
CONDITIONS OF APPROVAL
1.1
All entitlements specified in Resolution Nos. 3920, 3921, 3922,
3923, and 3924 shall not become effective until such time as the
City and Vestar Development/Kimco Tustin L. P. have executed
Disposition and Development Agreement (DDA) 04-02. All
entitlements specified in Resolution Nos. 3920, 3921, 3922, 3923,
and 3924 shall become null and void in the case of default by the
developer or termination by the City of DDA 04-02, including, but
not limited to, the City's approval of any final maps not completed at
the time of default or termination, to ensure that development
proceeds in an orderly manner as specified in DDA 04-02.
1.2
Approval of Concept Plan 04-001 shall be contingent upon
implementation of all conditions of approval contained within
Resolution Nos. 3919, 3921,3922,3923, and 3924.
As a condition of approval of Concept Plan 04-001, the applicant
shall agree, at its sole cost and expense, to defend, indemnify, and
hold harmless the City, its officers, employees, agents, and
consultants, from any claim, action, or proceeding brought by a
third party against the City, its officers, agents, and employees,
which seeks to attack, set aside, challenge, void, or annul an
approval of the City Council, the Planning Commission, or any
other decision-making body, including staff, concerning this project.
The City agrees to promptly notify the applicant of any such claim
or action filed against the City and to cooperate in the defense of
any such action. The City may, at its sole cost and expense, elect
to participate in defense of any such action under this condition.