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HomeMy WebLinkAboutPC RES 4065RESOLUTION NO. 4065 { A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF TUSTIN DENYING WITHOUT PREJUDICE CONDITIONAL USE PERMIT 06-024 AND DESIGN REVIEW 06-020 FOR THE DEVELOPMENT OF A 77-UNIT CONDOMINIUM PROJECT ON A 4.1-ACRE SITE LOCATED AT 1972 MITCHELL AVENUE AND 14251-14351 BROWNING AVENUE The Planning Commission of the City of Tustin does hereby resolve as follows: The Planning Commission finds and determines as follows: A. That a proper application for Conditional Use Permit 06-024 and Design Review 06-020 was submitted by Sun-Cal Browning LLC requesting authorization to demolish 60 apartment units and construct a 77-unit condominium project on a 4.1-acre (net area) site located at 1972 Mitchell Avenue and 14251-14351 Browning Avenue (APN 432-342-30); B. That the site is located in the High Density Residential (HDR) General Plan land use designation and Suburban Residential (R-4) zoning district; C. That a public hearing was duly called, noticed, and held for said application on August 28, 2007, and September 11, 2007, by the Planning Commission; D. A petition in opposition of the project with 94 signatures in addition to 19 letters and 23 public comments were received in opposition of the project. The residents of the adjacent communities expressed that the density, height, and traffic impacts were not addressed with the proposed project and not adequately analyzed in the MND. E. At the conclusion of the September 11, 2007, hearing, the Planning Commission directed staff to prepare resolutions of denial for the project including the following findings: As proposed, the site is not physically suitable for the proposed density and three-story development; Even though the proposed project is limited to 77 dwelling units, rezoning the property to R-3 would provide for a future opportunity for development of a higher density project of up to 100 units on this site, if this project is not implemented; Resolution 4065 CUP 06-024, DR 06-020 Page 2 Approval of a high density project that is not compatible with the existing community would set a negative precedent for future in-fill development in Tustin; • The proposed height, size, and scale of the project are too large for the site in physical relationship to the existing adjacent structures; and, The circulation and parking impacts of the proposed project with respect to the proposed density, site access, and traffic conflicts with the adjacent elementary school and could have a negative impact on the neighborhood. F. That the establishment, maintenance, and operation of the proposed use will, under the circumstances of this case, be detrimental to the health, safety, morals, comfort, or general welfare of the persons residing or working in the neighborhood of such proposed use, and will be injurious and detrimental to the property and improvements in the neighborhood of the subject property, or to the general welfare of the City of Tustin in that: a) The buildings along the R-1 adjoining properties are proposed at 10 feet from the westerly property line and 16 feet from the southerly property line. Units proposed along the single family residential property lines are designed at two stories with a loft with an overall height of 32'-6" that is not compatible with adjacent single story residences. The current zoning allows a maximum height of 20 feet within 150 feet of Single Family Residential (R-1) district unless a conditional use permit is granted; b) Even though the units along the westerly property lines are designed with two stories with a loft, the overall project includes mostly 3-story structures at an undesirable distance from the single story, single family residences to the west of the property; and, c} The project site is within an established single story, single family neighborhood, where 3-story structures will negatively impact the aesthetics, privacy, views and quality of life of the adjoining properties. The proposed setbacks and stepped height design do not adequately reduce the aesthetic and livability impacts to adjacent properties. Resolution 4065 CUP 06-024, DR 06-020 Page 3 G. Pursuant to Section 9272 of the Tustin Municipal Code, the Planning Commission finds that the location, size, architectural features, and general appearance of the proposed development will impair the orderly and harmonious development of the area, the present or future development therein, or the occupancy as a whole. In making such findings, the Commission has considered at least the following items: 1. Height, bulk, and area of buildings. 2. Setbacks and site planning. 3. Exterior materials and colors. 4. Type and pitch of roofs. 5. Size and spacing of windows, doors, and other openings. 6. Towers, chimneys, roof structures, flagpoles, radio and television antennae. 7. Location, height, and standards of exterior illumination. 8. Landscaping, parking area design, and traffic circulation. 9. Location and appearance of equipment located outside an enclosed structure. 10. Location and method of refuse storage. 11. Physical relationship of proposed structures to existing structures in the neighborhood. 12. Appearance and design relationship of proposed structures to existing structures and possible future structures in the neighborhood and public thoroughfares. 13. Proposed signage. 14. Development Guidelines and criteria as adopted by the City Council. H. The proposed height does not fit the single story ranch style architecture characteristic of that area; Without approval of a zone change from R-4 to R-3 by the City Council, the proposed subdivision would not be in conformance with the Suburban Residential (R-4) zoning district regulations; and, The applicant has requested approval of Zone Change 06-002 and Tentative Tract Map 17096 in conjunction with the application for Conditional Use Permit 06-024 and Design Review 06-020, and the Planning Commission is recommending denial of the project related to Zone Change 06-002 and Tentative Tract Map 17096. K. This project is not subject to the requirements of the California Environmental Quality Act (CEQA) pursuant to Section 15270 of Title 14, Chapter 3 of the California Code of Regulations (Guidelines for the Environmental Quality Act) which states that CEQA does not apply to projects rejected or disapproved by a public agency. Resolution 4065 CUP 06-024, DR 06-020 Page 4 II. The Planning Commission hereby denies without prejudice Conditional Use Permit 06-024 and Design Review 06-020 for development of a three-story 77-unit condominium project on a 4.1-acre site located at 1972 Mitchell Avenue and 14251-14351 Browning Avenue. PASSED AND ADOPTED at a regular meeting of the Tustin Planning Commission held on the 25th day of September, 2007. JOH Cha ~~~~~ -~~ ELIZABETH A. BINSACK Planning Commission Secretary IELSEN 'son STATE OF CALIFORNIA ) COUNTY OF ORANGE ) CITY OF TUSTIN ) I, 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. 4065 duly passed and adopted at a regular meeting of the Tustin Planning Commission, held on the 25th day of September, 2007. ~ ~~~~~ ELIZABETH A. BINSACK Planning Commission Secretary