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HomeMy WebLinkAboutPC RES 4066RESOLUTION N0.4066 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF TUSTIN RECOMMENDING THAT THE CITY COUNCIL DENY WITHOUT PREJUDICE ZONE CHANGE 06-002 AND TENTATIVE TRACT MAP 17096 TO SUBDIVIDE AND REZONE AN EXISTING PARCEL CONTAINING 60 APARTMENT UNITS FOR DEVELOPMENT OF A 77-UNIT CONDOMINIUM PROJECT 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 Zone Change 06-002 and Tentative Tract Map 17096 was submitted by Sun-Cal Browning LLC requesting approval to rezone and subdivide a 4.1-acre (net area) parcel for development of a 77-unit condominium complex on properties located at 1972 Mitchell Avenue and 14251-14351 Browning Avenue; B. That a public hearing was duly called, noticed, and held for zone change 06-002, Tentative Tract Map 17096, Conditional Use Permit 06-024, and Design Review 06-020 on August 28, 2007, and September 11, 2007 by the Planning Commission; C. 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 community expressed that the density, height, and traffic impacts were not addressed with the proposed project and not adequately analyzed in the MND. D. At the conclusion of the public hearings, the Planning Commission directed staff to prepare resolutions of denial for the project including findings as follows: • 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; • 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; Exhibit A Resolution No. 4066 ZC 06-002, TTM 17096 Page 2 The proposed height, size, and scale of the project are too large for the site in physical relationship to the existing adjacent structures; The traffic study prepared by the applicant does not adequately address 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 cumulatively have a negative traffic impact on the neighborhood; and, That the density, aesthetics and traffic impacts of the proposed tentative tract map or the proposed improvements were not adequately addressed in the mitigated negative declaration. E. 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. II. The Planning Commission hereby recommends that the City Council deny without prejudice Zone Change 06-002 and Tentative Tract Map 17096 to rezone and subdivide a 4.1-acre (net area) parcel for development of a 77-unit condominium project 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. IELSEN Chairperson ELIZAB' TH A. BINSACK Planning Commission Secretary Exhibit A Resolution No. 4066 ZC 06-002, TTM 17096 Page 3 STATE OF CALIFORNIA ) COUNTY OF ORANGE ) CITY OF TUSTIN ) I, ELIZABETH A. BINSACK, the undersigned, hereby certify that I a Commission Secretary of the Planning Commission of the City of Tustin, Resolution No. 4066 was duly passed and adopted at a regular meetin Planning Commission, held on the 25th day of September, 2007. y ELIZABETH A. BINSACK Planning Commission Secretary m the Planning California; that q of the Tustin