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HomeMy WebLinkAboutPC RES 345510 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 RESOLUTION NO. 3455 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF TUSTIN, APPROVING CONDITIONAL USE PERMIT 96-008, AUTHORIZING THE ESTABLISHMENT OF A RECYCLING FACILITY AT 13270 NEWPORT AVENUE. The Planning Commission does hereby resolve as follows: I o The Planning Commission finds and determines as follows: A. That a proper application, Conditional Use' Permit 96-008, has been filed by 20/20 Recycles, Inc. requesting authorization to establish a recycling center at 13270 Newport Avenue, Tustin. m . That the proposed use is allowed within the Retail Commercial (C-I) District with the approval of a Conditional Use Permit. C o That a public hearing was duly called, noticed and held for said application on June 24, 1996 by the Planning Commission. m ° That the establishment, maintenance, and operation of the use applied for 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 neighborhood of such proposed use nor be a detriment to the property and improvements in the neighborhood of the subject property, nor to the general welfare of the City of Tustin as evidenced by the following findings: , The proposed use, as conditioned, will not be detrimental to the surrounding properties in that the facility can be accommodated on the subject property at a location shielded from view from surrounding public streets by buildings and landscaping. . As conditioned, the use will not have a negative affect on surrounding property owners, or impact the availability of off-street parking in that the hours of operation of the facility will be limited to between 7:00 a.m. and 6:00 p.m. and' there is adequate parking provided on- site. 10 11 12 13 14 15 16 ~8 19 20 21 22 23 24 25 26 27 28 Resolution No. 3455 Page 2 o As conditioned, the use is compatible with the surrounding neighborhood in that all activities will be conducted during daytime and routine cleanup and · maintenance is scheduled on a daily basis during operating hours. E , That this project is Categorically Exempt from the requirements of the California Environmental Quality Act, pursuant to Section 15301 (Class 1). F o That the project has been reviewed for consistency with the Air Quality Sub-element of the City of Tustin General Plan and has been determined to be consistent with the Air Quality Sub-element. II. The Planning Commission hereby approves Conditional Use Permit 96-008 authorizing the establishment of a recycling facility at 13270 Nem~ort Avenue, subject to the conditions contained within Exhibit A, attached hereto. PASSED AND ADOPTED by the Planning Commission of the City of Tustin, at a regular meeting on the 24th day of June, 1996. Recording Secretary Cha i rwoman ' 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. 3455 was duly passed and adopted at a regular meeting of the Tustin Planning Commission, held on the 24th day of June, 1996. ~RBA~/REY~S // -- Recording Secretary GENERAL EXHIBIT A CONDITIONAL USE PERMIT 96-008 CONDITIONS OF APPROVAL RESOLUTION NO. 3455 .- (1) 1.1 The proposed project shall substantially Conform with the submitted plans date stamped June 24, 1996, on file with the Community Development Department, as herein modified, or as modified by the Director of the Community Development Department in accordance with this Exhibit. (1) 1.2 Conditional Use Permit approval shall become null and void if the'recycling center is not established and operational within 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) 1.3 Approval of Conditional Use Permit 96-008 is contingent upon the applicant signing and returning an "Agreement to Conditions Imposed" form as established by the Director of Community Development. (1) 1.4 The applicant shall hold harmless and defend the City of Tustin from all claims and liabilities arising out of the City's approval of the entitlement process for this project. USE RESTRICTIONS (4) 2.1 The precise location and number of bins shall be limited to that shown on the approved plans referenced in Condition 1.1 above 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 pursuant to City Code Section 9232(b) (v). (4) 2.2 It shall be the operators responsibility to ensure that customers park in designated parking spaces while using the facility. Parking, unloading or stopping in the drive aisle is prohibited to ensure that pedestrian and vehicular circulation is not affected pursuant to City Code Section 9232b(v). SOURCE CODES (1) STANDARD CONDITION (5) RESPONSIBLE AGENCY REQUIREMENT (2) CEQA. MITIGATION ( 6 ) LANDSCAPING GUIDELINES (3) UNIFORM BUILDING CODE/S (7) PC/CC POLICY (4) DES IGN REVIEW * * * EXCEPTION Exhibit A Resolution No. 3455 Page 2 (4) 2.3 Ail materials shall be stored within the container. It shall be the operator and host store'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 pursuant to City Code Section 9232b(v). This shall include steam cleaning the facility at a minimum every 30 days. (4) 2.4 No power drive equipment shall be permitted pursuant to City Code Section 923lb(v). (4) 2.5 The facility may be open for business seven days a week only between the hours of 7:00 a.m. to 6:00 p.m.. The transfer of bins shall occur only between the hours of 8:00 to 10:00 a.m. or 5:00 to 7:00 p.m. (4) 2.6 The maintenance of the facility and immediate vicinity will be regularly monitored to ensure compliance with condition 2.3 above. The City may require additional types of maintenance to ensure area is free of pests, vermin and odors. Failure to maintain the facility and vicinity may be grounds for City enforcement of its Property Maintenance Ordinance, including nuisance abatement procedures and may result in revocation of the use permit. (4) 2.7 The recycling facility shall be relocated to the 5 most easterly parking spaces along the north property line. NOISE (4) 3.1 Ail operations shall conform to the City's Noise Ordinance, including provision to not exceed 60 dba at any time pursuant to City Code Section 4614(a). SIGNS (1) 4.1 Ail signs shall comply with the City's Sign Code at all times. *** 4.2 The operator shall ensure that the bins are properly marked to identify the materials that may be accepted, the name and telephone number of the facility operator, ours of operation, and notice that no materials shall be left outside the recycling facility pursuant to City Code Section 9232b(v). Exhibit A Resolution No. 3455 Page 3 FEES (1) 5.1 Prior to issuance of any building permits, payment shall (5) be made of all applicable fees, including but not limited to the following. Payment shall be required based upon those rates in effect at the time of payment and are subject to change. no Building plan check and permit fees to the Community Development Department bases on the most current schedule. (1) 5.2 Within forty-eight (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 amount of $38.00 (thirty-eight dollars) to enable the City to file with the County Clerk, the appropriate environmental documentation pursuant to the California Environmental Quality Act. If within such forty-eight (48) hour period, the 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 provision of the California Environmental Quality Act .could .be significantly lengthened.