Loading...
HomeMy WebLinkAboutPC RES 3702]0 ]4 J7 20 22 23 24 25 2? 28 29 RESOLUTION NO. 3702 AMENDMENT TO CONDITIONAL USE PERMIT 99-010 The Planning Commission of the City of Tustin does hereby resolve as follows: I. The Planning Commission finds and determines as follows: A. That a proper application for Conditional Use Permit 99-010 was filed by PairGain Technologies, Inc., requesting authorization to temporarily locate five module structures in the parking lot on the south side of the building at the property located at 14352 Franklin Avenue for an additional eighteen months. B. Pursuant to City Code Section 9299b(3), a temporary use exceeding six (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 on November 8, 1999 by the Planning Commission. D. That the 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 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 evidenced by the following findings: 1) The proposed temporary use, as conditioned, will not be detrimental to the surrounding properties in that placement of the modular structures will incorporate City standards ensuring proper screening and vehicular and pedestrian circulation. 2) As conditioned, the use will not have a negative effect on the surrounding property owners, or impact the availability of off- street parking in that the required parking will be satisfied by the off-street parking on-site and at the parking lot at 14381 Franklin Avenue. The temporary elimination of fifteen (15) on- site parking spaces would not impact the site or surrounding properties. 3) The proposed temporary use, as conditioned, will not be a detriment to the public, health, safety, welfare and aesthetics of the community since the structures will be removed by June 29, 2001. However, prior to May 29, 2001, the applicant may request a 12-month extension, subject to review and approval by the Community Development Director. l0 ]4 Resolution No. 3702 Conditional use Permit 99-010 - Amendment November 8, 1999 Page 2 Be Fa II. That this project is Categorically Exempt from the requirements of th'e California Environmental Quality Act, pursuant to Section 15301 (Class 1). 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. The Planning Commission hereby approves the amendment to Conditional Use Permit No. 99-010 authorizing the temporary location of five modular structures in the parking lot south of the building at the property located at 14352 Franklin Avenue for an additional eighteen (18) month period, 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 8th day of November, 1999. ELIZABETH A. BINSACK Planning Commission Secretary 2O ,/~TC:~t(-I~N V. KOZAK Chairp'~rson STATE OF CALIFORNIA ) COUNTY OF ORANGE ) CITY OF TUSTIN ) I, ELIZABETH A. BINSACK, the undersigned, hereby certify that I am the Recording Secretary of the Planning Commission of the City of Tustin, California; that Resolution No. 3702 passed and adopted at a regular meeting of the Tustin Planning Commission, held on the 8"' day of November, 1999. 26 ELIZABETH A. BINSACK Planning Commission Secretary EXHIBIT A RESOLUTION NO. 3702 CONDITIONS OF APPROVAL AMENDMENT TO CONDITIONAL USE PERMIT 99-010 GENERAL (1) 1.1 The proposed use shall substantially conform with the submitted plans for the project date stamped November 8, 1999, 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 Unless otherwise specified, the conditions contained in this Exhibit shall be complied with as specified or prior to the issuance of any building permits for the project, subject to review and approval by the Community Development Department. · (1) 1.3 Approval to amend Conditional Use Permit 99-010 is contingent upon the applicant signing and returning an "Agreement to Conditions Imposed" form as established by the Director of Community Development. (1) 1.4 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 This Conditional Use Permit shall expire eighteen (18) months from December 29, 1999. The applicant shall remove the five modular structures by June 29, 2001. (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 May 29, 2001. An extension up to twelve (12) months may be granted subject to review and approval by the Community Development Director. (1) 2.3 Only office activities shall be permitted within the modular structures. SOURCE CODES (1) (2) (3) (4) STANDARD CONDITION (5) CEQA MITIGATION (6) UNIFORM BUILDING CODE/S (7) DESIGN REVIEW RESPONSIBLE AGENCY REQUIREMENT LANDSCAPING GUIDELINES PC/CC POLICY EXCEPTION ExhibitA Conditions 'of Approval Conditional Use Permit 99-010 - Amendment November 8, 1999 Page 4 FEES (1,5) 3.1 Within forty eight (48) hours of approval of the subject project, the applicant shall deliver to the Community Development Department, a cashier check payable to the COUNTY CLERK in the amount of $38.00 (thirty eight dollars) to enable the City to file the appropriate environmental documentation for the project. If within such forty eight (48) hours period that applicant has not delivered to the Community Development Department the above noted check, the statute of limitations for any interested party to challenge the environmental determination under the provisions of the California Environmental Quality Act could be significantly lengthened.