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HomeMy WebLinkAboutPC RES 356120 22 23 24 25 26 27 28 29 RESOLUTION NO. 3561 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF TUSTIN, CALIFORNIA, RECOMMENDING THAT THE CITY COUNCIL APPROVE ZONE CHANGE 97-004 AMENDING SECTION 3.1 (B)(3) OF THE JAMBOREE PLAZA DISTRICT REGULATIONS TO ALLOW SELF-SERVICE CARWASHES AS A PERMITTED USE WITHIN PLANNING AREA A OF THE JAMBOREE PLAZA PLANNED COMMUNITY ON THE NORTHWEST CORNER OF EDINGER AVENUE AND JAMBOREE ROAD. The Planning Commission of the City of Tustin does hereby resolve as follows: The Planning Commission finds and determines as follows: mo That an application has been filed by RBC Americorp, Inc., requesting approval of Zone Change 97-004 to amend Section 3.1(B)(3) of the Jamboree Pla?a Planned Community District Regulations to allow self- service carwashes as a permitted use within Planning Area A. g. That a Public Hearing was duly noticed, called and held on said application by the Planning Commission on November 24, 1997. Co That a Negative Declaration has been recommended for approval by the City Council in conformance with the requirements of the California Environmental Quality Act. Do Proposed Zone Change 97-004 is Consistent with the policies of the General Plan in that the subject site is'located within a Planned Community Commercial/Business land use designation. This land use designation provides for a mixmare of uses and activities permitted in the Community Commercial, Professional Office, and Industrial land use designations. These land use categories provide for a variety of retail, office, and commercial uses. Eo Proposed Zone Change 97-004 is consistent with the Jamboree Plaza Planned Community in that the intent of the District Regulations is to provide for a variety of auto-related, retail, commercial, office, and public agency uses. In addition, Planning Area A is intended to provide for individual pad development of freestanding facilities along the Edinger Avenue frontage and to provide services to the motoring public such as drive-thru restaurants, carwashes, service stations, and convenience markets. The proposed amendment would allow greater flexibility in the types of carwash services that could be provided within Planning Area A. I0 12 13 14 15 16 17 20 21 22 23 24 25 26 27 28 29 i~esolution No. 3561 Page 2 II. RBC Americorp, inc. shall pay City's defense costs (including attorneys' fees) and indemnify and hold City harmless from and against any claims, losses, liabilities or damages assessed or awarded against City by way of judgment, settlement or stipulation (including awards for costs, attorneys' fees, and expert witness fees), arising fi'om actions filed against the City challenging the City's approval of Zone Change 97-004. III. The Planning Commission hereby recommends that the City Council approve Zone Change 97-004 amending Section 3.1 (B)(3) of the Jamboree Plaza Planned Community District R%mlations to read as follows: "Carwashes, oxc!uding '~liMi~ self service carwashes. P" IV. If any section, subsection, sentence, clause, phrase or portion of this ordinance is for any reason held out to be invalid or unconstitutional by the decision of any court of competent jurisdiction, such decision shall not affect the validity of the remaining portions of this ordinance. The Planning Commission of the City of Tustin hereby declares that it would have adopted this ordinance and each section, subsection, clause, phrase or portion thereof irrespective of the fact that any one or more sections, subsections, sentences, clauses, phrases, or portions be declared invalid or unconstitutional. PASSED AND ADOPTED by the Planning Commission of the Cit~ of Tustin,..a,t a regular meeting on the 24th day of November, 1997. __ Chairman (// Planning Commission Secretary · 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 Cit).' of Tustin, California; that Resolution No. 3561 was duly passed and adopted at a regular meeting .of the Tustin Planning Commission, held on the 24th day of November, 1997. Planning Commission Secretary