HomeMy WebLinkAboutPC RES 35751 RESOLUTION NO. 3575
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A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF
TUSTIN AMENDING CONDITIONAL USE PERMIT 95-001, TO REVISE
CONDITION 3.1 OF RESOLUTION NO. 3383 REQUIRING.
CONSTRUCTION OF A MINIMUM FIVE (5) FOOT WIDE UTILITY FREE
SIDEWALK ALONG THE CHAMBERS ROAD FRONTAGE.
The Planning Commission does hereby resolve as follows:
I ·
The Planning Commission finds and determines as follows:
A·
That a proper application (Amendment to Conditional Use
Permit No. 95-001) has been filed on behalf of The First
Korean Baptist Church of Tustin to request elimination of
Condition 3.1 of the Resolution No. 3383 requiring
construction of a minimum .five (5) foot wide sidewalk
along Chambers Road frontage within two years of the
approval at 14272 Chambers Road, more specifically
described as Assessor's Parcel No. 432-472-07.
B ·
C·
D ·
That a public hearing was duly called, noticed and held
on said application on January 26, 1998 and continued to
February 23, 1998 by'the Planning Commission.
A Negative Declaration was prepared for the original
project in conformance with the Environmental Quality Act
(CEQA). No additional documentation is required.
-That the elimination of Condition 3.1 will, 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, evidenced by the following findings:
1)
Requirement of the sidewalk is directly related to
the increased pedestrian activity associated with
the approval of the conditional use permit for
establishment of the church;
2)
Requirement of the sidewalk is consistent with the
oolicies of the General Plan's Circulation element
to promote the safety of pedestrians with adequate
sidewalks;
3)
Requirement' of the sidewalk implements a City
council policy, which was established to ensure the
safety of pedestrians in the industrial areas; and,
4)
The requirement for a sidewalk has been applied
uniformly to discretionary projects (i.e. Design
Reviews, CUPs, Variances) and tenant improvements.
Elimination of this condition would set precedent
for other projects within the industrial district,
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Resolution No. 3575
Page 2
many of which the owners have entered into the same
agreement to construction of a sidewalk as part of
their approval.
II. The Planning Commission hereby amends Conditional Use Permit
95-001 to revise Condition 3.1 of the Planning Commission'
Resolution 3383 to read as follows:
"Construction of a minimum five (5) foot wide utility clear
sidewalk along Chambers Road is required. The owner shall
execute a new agreement with the City, which would grant a two
year time extension to the applicant (First· Korean Baptist
·
Church of Tustin) from the expiration date of the previous
agreement' (September 13, 1997) to construct a sidewalk. The
agreement shall require the sidewalk to be constructed prior
to September 13, 1999."
PASSED AND ADOPTED by the Planning commission of the City of
Tustin, at a regular meeting on the. 23rd day of February 1998.
.
Howard
Chairma~it~n
ELIZABETH A.' BI~'A-C-K
Planning Commission Secretary
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STATE OF CALIFORNIA )
COUNTY OF ORANGE )
CITY OF TUSTIN )
I, ELIZABETH A. BINSACK, the undersigned, hereby certify that I am
the Secretary of the Planning Commission of the City of Tustin,
California; that Resolution No. 3575 was duly passed and adopted at
a regular meeting of the Tustin Planning Commission, held on the
23rd day of February, 1998.
Planning Commission Secretary