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HomeMy WebLinkAboutPC RES 3718 i RESOLUTION NO. 3718 AMENDMENT TO 2 CONDITIONAL USE PERMIT 99-025 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF 4 TUSTIN RECOMMENDING AMENDMENT TO CONDITIONAL USE 5 PERMIT 99-025 TO ALLOW THE STOCKPILE OF QUARRY ROCK FOR ELEVEN MONTHS AT THE SOUTHWEST CORNER OF HARVARD 6 AVENUE DIRECTLY NORTH OF EDINGER AVENUE 7 The Planning Commission does hereby resolve as follows: 8 1. The Planning Commission finds and determines as follows: 9 t0 A. That a proper application for ConditiOnal Use Permit 99-025 was filed by Dale Dillon, County of Orange Public Facilities and Resources Department, ~1 requesting authorization to temporarily store quarry rock at the southwest corner of Harvard and the OCTA/SCRRA Railway for use in repairing the 12 Como Orange County Flood Control Channel for a maximum of eleven ~3 months. ~4 B. Pursuant to City Code Section 9299b(3), a temporary use exceeding six ~5 (6) months requires a conditional use permit approved by the Planning Commission. C. That a public hearing was duly called, noticed and held on said application i? on March 27, 2000 by the Planning Commission. D. That the establishment, maintenance and operation off the use applied for 19 will not, under the circumstances of this case, be detrimental to the health, ~-0 safety, morals, comfort, or general welfare of the persons residing or working in the neighborhood of such proposed use, nor be injurious or ~-~ detrimental to the property and improvements in the neighborhood of the -subject property, or to the general welfare of the City of Tustin, as 22 evidenced by the following findings: 23 1) The proposed temporary use, as conditioned, would not be 24 detrimental to the surrounding properties in that storage of the quarry 25 rocks will not result in erosion or excessive dust. 26 2) As conditioned, the use would not have a negative effect on the surrounding properties in that there would not be excessive truck :? traffic on Harvard Avenue and operations will occur only between 2, 7:00 a.m. and 4:00 p.m., Monday through Thursday. 29 3) As conditioned, the use would terminate by August 31, and no later than November 30, 2000 and the applicant would be required to remove all excess quarry rock and related equipment. Planning Commission Resolution 3718 Conditional use Permit 99-025 March 27, 2000 Page 2 E. That this project is Categorically Exempt from the .requirements of the California Environmental Quality Act, pursuant to Section 15301 (Class 1 ). F. That-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. II. The Planning Commission hereby approves the amendment to Conditional Use Permit No. 99-025 authorizing the temporary storage of quarry rocks at the southwest corner of Harvard and the OCTN SCRRA Railway for a period of eleven months, subject to the conditions contained within Exhibit A, attached hereto. PASSED AND ADOPTED by the Planning Commission of the City of Tustin at a regular meeting held on the 27th day of March, 2000. ~TL~ V. KQZAK Chairperson LI~~BETH A. BINSACK Planning Commission Secretary STATE OF CALIFORNIA ) COUNTY OF ORANGE ) CITY OF TUSTIN ) I, ELIZABETH A. BINSACI~jhe undersigned, hereby certify that I am the Recording Secretary of the Planning Commission of the City of Tustin, California; that Planning Commission Resolution No. 3718 passed and adopted at a regular meeting of the Tustin Planning Commission, held on the 27th day of March, 2000. ELIZABETH A.. BINSACK Recording Secretary EXHIBIT A RESOLUTION 3718 CONDITIONS OF APPROVAL AMENDMENT TO CONDITIONAL USE PERMIT 99-025 GENERAL (1) 1.1 The proposed use shall substantially conform with the submitted plans for the project date stamped March 27, 2000, on file with the Community Development Department, except as herein modified, or as modified by the Director of Community Development in accordance with this Exhibit. The Director of Community Development may also approve minor modifications to plans during plan check if such modifications are to be consistent with the provisions of the Tustin City Code and other applicable codes. (1) 1.2 Approval to amend Conditional Use Permit 99-025 is contingent upon the applicant signing and returning an "Agreement to Conditions Imposed" form as established by the Director of Community Development. (1) 1.3 The applicant shall hold harmless and defend the City of Tustin from all claims and liabilities arising out of a challenge of the City's approval of this project. USE RESTRICTIONS (1) 2.1 The Temporary Use approved under this Conditional Use Permit shall expire on August 31, 2000. The applicant shall remove all quarry rock and equipment prior to the expiration date of this permit. (1) 2.2 Time extensions may be granted by the Community Development Director if a written request is received by the Community Development Department by August 31, 2000. An extension up to one hundred and twenty (120) days may be granted subject to review and approval by the Community Development Director. (1) 2.3 All operations, including engine warm-up, and deliveries and pick-up of materials and equipment, shall be subject to the provisions of the Tustin Noise Ordinance and shall take place only between the hours of 7:00 a.m. and 6:00 p.m., Monday through Friday, and between 9:00 a.m. and 5:00 p.m. on Saturday, unless otherwise determined by the Building Official. (1) 2.4 No more than 10,000 tons of quarry rock' and one (1) loader may be stored on the site at one time. (1) 2.5 Movement of quarry rock will occur only during the hours of 7:00 a.m. and 4:00 p.m., Monday through Thursday unless otherwise approved by the Director of Community Development.