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HomeMy WebLinkAboutPC RES 360012 18 19 20 21 22 23 25 26 27 28 29 RESOLUTION NO. 3600 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF TUSTIN, APPROVING CONDITIONAL USE PERMIT 98-015 AUTHORIZING THE ESTABLISHMENT OF AN INSTRUCTIONAL AREA IN FRONT OF THE CHICK'S SPORTING GOODS RETAIL STORE AT 2771 EL CAMINO REAL AS A TEMPORARY USE. The Planning Commission does hereby resolve as follows' I. The Planning Commission finds and determines as follows: Ao That a proper application for Conditional Use Permit 98-015 was filed by Pointe West/Chick's Sporting Goods to request authorization to establish an instructional area for in-line skating in the parking section in front of Chick's Sporting Goods at 2771 E1 Camino Real, more specifically described as Assessor's Parcel No. 500- 312-02. Bo Tustin City Code Section 929963; allows the Zoning Administrator to consider temporary uses for up to six months. The Planning Commission may consider temporary uses longer than six months through the approval of a conditional use permit. Co That a public heating was duly called, noticed and held on said application on July 13, 1998, by the Planning Commission. Do That the establishment, maintenance and operation of the in-line skating instructional area 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 nei~borhood 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 use, as conditioned, will not be detrimental to surrounding properties in that the instructional activities will take place in a parking area separated from E1 Camino Real by an access road CC/est Drive). 2) The proposed use, as conditioned, will not have a negative effect on surrounding properties, or impact traffic or the availability of parking in that sufficient parking will be provided and no potential traffic impacts have been identified. The proposed use, as conditioned, is compatible with uses in the surrounding area. The project site is located in the Tustin Market Place, a re~onal shopping center occupied by retail and service uses. The type and 10 17 18 19 20 22 23 24 Resolution No. 3600 Page 2 scale of the operation with proposed hours and the small number of the students is appropriate given the sponsoring retail establishment and the types of merchandise and services that the sporting good retailer provides. Eo The Commission finds that the proposed use will not impair the orderly and harmonious development of the area, the present or future development therein, or the occupancy as a whole. Fo That this project is a categorically exemption pursuant to Section 15311 (Class 11) of the California Environmental Quality Act. Ho · The Planning Commission hereby approves Conditional Use Permit 98-015 to establish an instructional area for in-line skating in fi'ont of the Chick's Sporting Goods on the property located at 2771 E1 Camino Real as a temporary use, subject to the conditions contained in Exhibit A attached hereto. PASSED AND ADOPTED by the Planning Commission of the on the 13th day of July, 1998. Planning Commission Secretary · ' at a regular meeting Chairperson STATE OF CALIFORNIA ) COUNTY OF ORANGE ) CITY OF TUSTIN ) I, ELIZABETH A. BINSACK, the undersigned, hereby certify that I am the Planning Commission Secretary of the Planning Commission of the City of Tustin, California; that Resolution No. 3600 was duly passed and adopted at a regular meeting of the Tustin Planning.Commission, held on the 26 I ELIZABETH ' A. BINSACK 27 Planning Commission Secretary 28 29 EXHIBIT A CONDITIONAL USE PERMIT 98-015 CONDITIONS OF APPROV.a,J., RESOLUTION NO. 3600 (1) (1) (1) GENERAL 1.1 1.2 The proposed project shall substantially conform with the submitted plans for the project date stamped July 13, 1998, 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 if such modifications are consistent with'the provisions of the Tustin City Code. 1.3 Conditional Use Permit approval shall expire twelve (12) months of the date of this Exhibit. Time extensions may be granted if a written request is received by the Community Development Department within thirty (30) days prior to expiration. (1) Approval of Conditional Use Permit 98-015 is contingent upon the applicant and property owner si~ing and return/rig an "Agreement to Conditions Imposed" form as established by the Director of Community Development. 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 for this project. USE RESTRICTIONS (1) 2.1 The hours of operation shall be between 9:00 a.m.' and 11:00 a.m. on Saturdays only. Any modification to these hours shall be subject to the approval of the Community Development Director. (1) (2) (3) (4) SOURCE CODES STANDARD CONDITION CEQA MITIGATION UNIFORM BUILDING CODE/S DESIGN REVIEW EXCEPTIONS (5) (6) (7) RESPONSIBLE AGENCY P, QUmEM NTS LANDSCAPING GUIDELINES PC/CC POLICY Exhibit A Resolution No. 3600 July 13, 1998 Page 2 (5) e.e The subject property shall be maintained in a safe, clean and sanitary condition at all times. The owners shall be responsible for the daily maintenance and up-keep of the facility, including but not limited to restoring the parking lot to its original condition at the end of class, trash removal, painting, graffiti removal and maintenance of improvements including landscaping materials to ensure that the facilities are maintained in a neat and attractive manner. 2.3 No temporary signs or other forms of advertising or attraction may be placed on the site without approval from the Community Development Department. FEES (1) 3.1 Within forty-ei~t (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 mount 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) hour 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.