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HomeMy WebLinkAboutPC RES 3496 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 '25 26 27 28 RESOLUTION NO. 3496 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF TUSTIN APPROVING CONDITIONAL USE PERMIT 96-035 AUTHORIZING A FORTUNE TELLING BUSINESS AT 1021 IRVINE BOULEVARD The Planning Commission of the City of Tustin does hereby resolve as follows: I. The Planning Commission finds and determines as follows: ae S . That a proper application has been filed by.Dina Lee requesting authorization to operate a Fortune Telling (Palm Reading) business at 1021 Irvine Boulevard. That a public hearing was duly called, noticed,, and held on said application on November 12, 1996, and continued to November 25, 1996, by the.Planning Commission. C. That establishment, maintenance, and operation of the use applied for will not 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: o That the commercial use is in compiiance with the Tustin Zoning Code and Tustin General Plan. o As conditioned, all the requirements of Section 3800 of the Tustin City Code have been met. · That the following mandatory findings have been determined: a · Ail information contained in the application and supporting data is presumed to be true. b· The applicant has not been convicted of any violations listed in Section 3800 et. seq. of the Tustin City Code or any law relating to fraud or moral turpitude within the previous one (1) year. C . d· The applicant appeared in person at the public hearing. The..appli~ant will agree to and.comply with all conditions of approval contained in Exhibit A of this resolution. 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 Resolution No. 3496 Page 2 D. That the establishment, maintenance, and operation of the use applied for will not be injurious or detrimental to the property and improvements in the neighborhood of the subject property, nor to the general welfare of the City of Tustin. E.. Any site improvements shall be in accordance with the development policies adopted by the City Council, Uniform Building Code as administered by the Building Official, Fire Code as administered by the Orange County Fire Authority, and street improvement requirements as administered by the City Engineer. This project is categorically exempt (Class 1) from the requirements of the California Environmental Quality Act. ! II. The Planning Commission hereby approves Conditional Use Permit 96-035 to establish a Fortune Telling Business at '1021 Irvine Boulevard, subject to the conditions contained in Exhibit A, attached hereto.' PASSED AND ADOPTED at a regular meeting of the Tustin Planning Commission, held on the 25th day of November, 1996. Secretary LOU BONE Chairman STATE OF CALIFORNIA) COUNTY OF ORANGE ) CITY OF TUSTIN ) I, BARBARA REYES, the undersigned, hereby certify that I am the Recording Secretary of the Planning Commission of the City of Tustin, California; that Resolution No. 3496 was duly passed and adopted at a regular meeting of the Tustin Planning Commission, held on the 25th day of November, 1996. EXHIBIT A CONDITIONS OF APPROVAL RESOLUTION NO. 3496 NOVEMBER 25, 1996 GENERAL (i) 1.1 The proposed project shall substantially conform with the submitted plans for the. project date stamped October 8, 1996, on file with the Community Development Department, as herein modified, or as modified by the Director of Community Development Department in accordance with this Exhibit. The Director of Community Development may also approve subsequent minor modifications to plans during plan check if such modifications are to be consistent with provisions of the Tustin City Code or other applicable regulations. 1) 1.2 Approval of Conditional UsD Permit 96-035 is contingent upon the applicant and property owner signing and returning an "Agreement to Conditions Imposed" form as established by the Director of Community Development.' The 'applicant shall not commence business at 1021 Irvine Boulevard until the form is submitted to the Director of Community Development. (i) 1.3 The applicant shall hold and defend the City of Tustin harmless for all claims and liabilities arising out of the City's approval of the entitlement process for this project. *** .1.4 The business shall not be open for 'business before 7:00 a.m. or after 10:00 p.m. in accordance with Section 3822 of the Tustin City Code. 1.5 The applicant shall provide evidence to the Director of Community Development that a surety bond has been posted in the principal sum amount of ten thousand dollars ($10,000) executed as surety by a good and sufficient corporate surety authorized to doa surety business in the State of California and as a principal by the applicant. The form of the bond shall be approved by the City Attorney and shall have been given to insure good faith and fair dealing on the part of the applicant and a gdarantee of indemnity for any and all loss, damage, theft, or other unfair dealings suffered by any patron of the applicant within the City during the term of the permit. SOURCE CODES (1) STANDARD CONDITION (2) CEQA MITIGATION (3) UNIFORM BUILDING CODE/S (4) DESIGN REVIEW *** EXCEPTION (5) (6) (7) RESPONSIBLE AGENCY REQUIREMENT LANDSCAPING GUIDELINES PC/CC POLICY Exhibit A Conditions of Approval Resolution No. 3496 November 25, 1996 Page 3 *** 1.6 The applicant shall obtain and maintain a business license in accordance with the Tustin City Code for the term of the permit. *** 1.7 The applicant shall submit sign design plans 'for signing the subject business in compliance with the Tustin City Code. *** 1.8 The applicant' shall comply with all requirements of Section 3800 et. seq. of the Tustin City Code at all times. Any violation' thereof will be grounds for initiation of proceedings to consider revocation of Conditional Use Permit 96-035. FEES (i) 2.1 Within forty-eight (48) hours of approval of the subject (5) project, the applicant shall deliver to the Community Development Dep~rtment, a cashier's 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) 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.