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HomeMy WebLinkAboutCC RES 91-112 1 2 3 4 5 6 7 8 10 11 12 13 1(; 20 21 ')-2 9.3 9..3 9.7 28 RESOLUTION NO. 91-112 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TUSTIN, APPROVING AN AMENDMENT TO CONDITIONAL USE PERMIT 89-25 AUTHORIZING MODIFICATIONS TO THE CAR WASH SITE LOCATED AT 240 EAST FIRST STREET RELATED TO A RECIPROCAL ACCESS DRIVEWAY The City Council of the City of Tustin does hereby resolve as follows: I. The City Council finds and determines as follows: ao That a proper application to amend Conditional Use Permit 89-25 was filed on the behalf of Henry Kumagai for the property located at 240 East First Street. That a public hearing before the Planning Commission was duly noticed, called and held July 22, 1991 for the subject requests. That an appeal was filed by the co-applicants on July 24, 1991. That an appeal hearing was duly noticed, called and held September 3, 1991, by the City Council. That establishment, maintenance, and operation of the use applied for will not, 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, nor detrimental to the property and improvements in the neighborhood of the subject property, nor to the general welfare of the city of Tustin as evidenced by the following findings: The proposal will reduce the disruption in traffic flow on First Street by providing one ingress/egress approach where two presently exist. The proposal will not have a negative impact to existing traffic volumes. A Negative accordance Quality Act. Declaration has been prepared in with the California Environmental II. The City Council hereby approves an Amendment to Conditional Use Permit 89-25 authorizing modifications to the car wash site located at 240 East First Street related to a reciprocal access driveway, subject to the conditions contained in Exhibit A, attached hereto. 1 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 !,. 23 25 2¢': 27 28 Resolution No. 91-112 Page 2 PASSED AND ADOPTED at a regular meeting of the Tustin City Council, held on the 3rd day of September, 1991. // /" /' / , I Charles E. Puckett, Mayor Mary E.~ynn, q~ty Clerk STATE OF CALIFORNIA ) COUNTY OF ORANGE ) CITY OF TUSTIN ) SS CERTIFICATION FOR RESOLUTION NO. 91-112 MARY E. WYNN, City Clerk and ex-officio Clerk of the City Council of the City of Tustin, California, does hereby certify that the whole number of the members of the City Council of the City of Tustin is 5; that the above and foregoing Resolution No. 91-112 was duly and regularly introduced, passed and adopted at a regular meeting of the City Council held on the 3rd day of September, 1991 by the following vote: COUNCILMEMBER AYES: Puckert, Edgar, Ports, Prescott COUNCILMEMBER NOES: Pont~ous COUNCILMEMBER ABSTAINED: None COUNCILMEMBER ABSENT: None Mary E. ~ynn, EXHIBIT A AMENDMENT TO CONDITIONAL USE PERMIT 89-25 CONDITIONS OF APPROVAL RESOLUTION NO. 91-112 (1) (1) (1) (i) GENERAL 1.1 1.2 1.3 The proposed project shall substantially conform with the submitted plans for the project date stamped September 3, 1991 on file with the Community Development Department, as herein modified, or as modified by the Director of Community Development Department in accordance with this Exhibit. The Director of Community Development may also approve subsequent minor modifications to plans during plan check if such modifications are determined to be consistent with the concept plans and provisions of the First Street Specific Plan. 1.4 Unless otherwise specified, all conditions contained in this Exhibit shall be complied with prior to the issuance of any building permits for the project, subject to review and approval by the Community Development Department. Amendment to Conditional Use Permit approval is contingent upon approval of Design Review 91-07 by the Redevelopment Agency. Amendment to Conditional Use Permit approval shall become null and void unless permits are issued within twelve (12) months of the date of this exhibit and substantial construction is underway. 1.5 Amendment to Conditional Use Permit 89-25 approval is contingent upon approval of Conditional Use Permit 91-10. (1) 1.6 (i) The applicant shall sign and return an Agreement to Conditions Imposed form prior to issuance of any building permits. 1.7 Ail applicable conditions of approval of City Council Resolution No. 89-139 remain in full force and effect. SOURCE CODES (1) (2) (3) (4) STANDARD CONDITION (5) EIR MITIGATION (6) UNIFORM BUILDING CODE/S (7) DESIGN REVIEW (8) EXCEPTION SPECIFIC PLAN RESPONSIBLE AGENCY REQUIREMENT LANDSCAPING GUIDELINES PC/CC POLICY Exhibit A Resolution No. 91-112 Page 2 *** 1.8 Should the car wash site complete construction entirely related to their site including required street improvements and construction is not yet completed for the property at 135 South Prospect Avenue, a certificate of occupancy may be issued subject to barricades being installed on the shared property line verified by field inspection. PLAN SUBMITTAL 2.1 At building plan check, the following items shall be submitted: (3) A. Revised construction plans, structural calculations, and Title 24 energy calculations, Requirements of the Uniform Building Codes, State Handicap and Energy Requirements related to the reciprocal access drive area shall be complied with as approved by the Building Official. (1) B. A revised separate 24" x 36" street improvement plan for the reciprocal access drive area shall be prepared showing all proposed construction within the public right-of-way which shall include, but not be limited to, curb and gutter, sidewalks, drive aprons, undergrounding utility connections and construction of all missing or damaged public improvements adjacent to this development. PARKING/CIRCULATION *** 3.1 A reciprocal parking and ingress/egress easement between 135 South Prospect Avenue and 240 East First Street shall be executed and recorded, subject to approval of both Community Development Director and the City Attorney prior to the issuance of permits for the property at 240 East First Street for the revisions related to the reciprocal access drive. (1) 3.2 Improvement plans for parking lot, landscaping modifications and closure of the reciprocal access on the property to the west shall be prepared and submitted prior to the issuance of certificate of occupancy. Said plans shall be prepared in accordance with the City's Parking Lot and Landscaping Development Standards. Exhibit A Resolution No. 91-112 Page 3 (1) AEB:nm FEES 4.1 The applicant shall pay all applicable fees prior to the issuance of permits, including, but not limited to: A. Building Permit and Plan Check fees to the Community Development Department. Within forty-eight (48) hours of approval of the subject 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 3185, Chapter 1706, Statutes of 1990, to enable the City to file the Notice of Determination required under Public Resources Code Section 21152 and 14 Cal. Code of Regulations 15075. If within such forty-eight (48) hour period that the 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. In addition, should the Department of Fish and Game reject the Certificate of Fee Exemption filed with the Notice of Determination and require payment of fees, the applicant shall deliver to the Community Development Department, within forty-eight (48) hours of notification, a cashier's check payable to the COUNTY CLERK in the amount of $1,250 (one thousand, two hundred fifty dollars) pursuant to AB 3158, Chapter 1706, Statutes of 1990. If this fee is imposed, the subject project shall not be operative, vested or final unless and until the fee is paid.