HomeMy WebLinkAboutPC RES 3603i6
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RESOLUTION NO. 3603
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF
TUSTIN, RECOMMENDING TO THE CITY COUNCIL REVOCATION OF
CONDITIONAL USE PERMIT 92-014 WHICH AUTHORIZED A 340 SQUARE
FOOT BULK VENDING RECYCLING FACILITY WITHIN THE PARKING
LOT OF THE SHOPPING PLAZA LOCATED AT 14551 RED HILL AVENUE
The Planning Commission does hereby resolve as follows:
I. The Planning Comnfission finds and determines as follows:
Ao
That Conditional Use Permit 90-09 was approved by the Planning Commission on
June 11, 1990, authorizing a 170 square foot bulk vending recycling facility in the
parking lot located at 14551 Red Hill Avenue.
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That Conditional Use Permit 92-014 was approved by the Planning Commission on
May 11, 1992, amending Conditional Use Permit 90-09 to authorize a 340 square
foot bulk vending recycling facility in the parking lot located at 14551 Red Hill
Avenue.
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That pursuant to Tustin City Code Section 9293c, the Planning Commission may
recommend to the City Council that a conditional use permit be revoked
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That the facility operator has operated the facility in violation of the conditions of
approval of Resolution 3030-A which authorized Conditional Use Permit'92-014 as
follows:
Condition 2.2 states, "The precise location and number of bins shall be
limited to' that shown on the approved plans and shall be located such that
the drive aisle and adjacent parking spaces are not obstructed when the
facility is in operation or closed for business." On a number of occasions,
a number of receptacles, chairs, card table,' an umbrella, and tools have
been observed outside the bins within the parking area.
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Condition 2.3 states, "It shall be the operators responsibility to ensure that
customers park in designated parking spaces while using the facility.
Parking, unloading or stoppinod.in the drive aisle is prohibited to ensure
that pedestrian and vehicular circulation is not affected." On a number of
· occasions, vehicles have been observed stopping and parking within the
drive aisles thereby obstructing through traffic
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Condition 2.4 states, "All materials shall be stored within the container. It
shall be the operator's responsibility to ensure that no materials of any
kind are stored outside at any time, including when the facility is closed
for business. The.immediate vicinity shall be maintained free of liter,
pests, vermin and any other undesirable materials at all times." On a
number of occasions, several receptacles have been observed outside the
bins .with materials in and around them on the ground.
Resolution No. 3603
Page 2
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Condition 2.5 .states, "The operation shall be open' for business, at
minimum, seven days a week, 12:30 p.m. to 6:30 p.m. from April 15
through October. 15 and 10:30 a.m. to 4:30 p.m. October 15 through April
15. No reduction to these operating hours may occur without approval of
an amendment to this CUP. Hours may be expanded with prior specific
approval in writing by the Community Development Department, without
amendment to this CUP, provided the hours do not exceed those identified
in City Code Section 9232Co)(v)(12)." On a number of occasions, the
facility has been observed to be closed during periods in which the facility
is required to be o~en for business.
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That continuance of the use would be detrimental to the health, safety, and general
welfare of persons patronizing the shopping plaza in that materials are frequently
stored outside the bins and create an. unsightly appearance which detracts from a
quality environment.
Fo
That continuance of the use would be injurious or detrimental to property and
improvements in the neighborhood in that cars frequently block parkfng aisles and
impede the approved circulation pattern for the existing development Mthin the
shopping plaza.
That continuance of the use would require undue expenditures of City resources for
the ptirposes of monitoring the facility and enforcing applicable conditions of
approval.
That. this project is categorically exempt (Class 21) pursuant to Section 15321 of the
California Environmental Quality Act.
The Planning Commission hereby recommends that the City Council revoke Conditional
Use Permit 92-014 which authorized a bulk vending recycling facih'ty in the parking lot of
14551 Red Hill Avenue and requiring the facility and related equipment to be removed and
the site to be restored to its original condition within ten (10) days of City Council action.
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Resolution No. 3603
Page 3
PASSED .M',,rD ADOPTED by the Planning Commission of the City of Tustin, at a regular meeting
on the 27th day of July, 1998.
~,IZABETH A. BINSACK
Planning Commission Secretary
STATE OF CALIFORNIA )
COUNTY OF ORANGE )
CITY OF TUSTIN )
Chairperson
~7 I, ELIZABETH A. BINSACK, the undersigned, hereby certify that I am the Plann/ng Commission
Secretary of the Planning Commission of the City of Tustin, California; that Resolution No. 3603
was duly passed and adopted at a regular meeting of the Tustin Planning Commission, held on the
27th day of July 1998.
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A. BINSACK
Planning Corranis$ion Secretary
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