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Home My WebLink AboutPC RES 335911 12 16 27 . . 2O 2~ 22 2~ ., 2~ 2~ 26 27 2S RESOLUTION NO. 3359 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF TUSTIN, APPROVING CONDITIONAL USE PERMIT 95-005 SUBMITTED BY ALLIANCE FOR THE MENTALLY ILL OF ORANGE COUNTY APPROVING THE OPERATION OF A THRIFT STORE WITHIN A VACANT TENANT SPACE LOCATED AT 708 EL CAMINO REAL (EL CAMINO PLAZA). The Planning Commission of the City of Tustin does hereby resolve as follows: I. The Planning Commission finds and determines as follows: ne That a proper application for Conditional Use Permit 95- 005 has been filed by the Alliance For The Mentally Ill of Orange County (AMIOC) requesting approval to operate a thrift store at 708 E1 Camino Real. Be A public hearing was duly noticed, called and held for said application on May 22, 1995 by the Planning Commission. Ce 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 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: · Operating criteria has been established per City Code Sections 3611 through 3616 to provide that the second hand sales business operates in conformance with all City and State requirements and in a manner that assures ~he surrounding community of the protection of health, safety morals, comf ~ and general welfare· · The proposed thrift store is located within an established shoppin~ center which maintains a variety of business types. Sales at the subject location would require no interior of exterior modifications to the business and would not significantly change the operations of the commercial center. ResoluTion No. 3359 Page 2 . · D. The sales of donated merchandise J.s an appropriate activity within the commercial center and the applicant will comply with all Tustin Police Department and State requirements significantly alter the nature of the existing business. As conditioned, the proposed used thrift store will be required to obtain approval from the City's License and Permit Board which will involve the submittal of information to ensure that the applicants will operate the proposed business in compliance with City rules and regulations. As conditioned, the business hours for the subject thrift store may not extend beyond 7:00 a.m. to 9:00 p.m., seven (7) days a week, in accordance with Tustin City Code Section 3615. This project has been determined to be Categorically Exempt (Class 1) pursuant to Section 15301 of the California Environmental Quality Act. II. The Planning Commission hereby approves Conditional Use Permit 95-005 approving the sales of used, donated merchandise located at 708 E1 Camino Real, subject to the conditions contained in Exhibit A, attached hereto. / n '.' BA~RB~_~. REYES ,. Secre%arv - 2 4 6 PASSED D~ND ADOPTED at a regular meeting of the Tustin Planning Commission, held on the 22nd day of May, 1995. / ' ~._ Chairm~n~' STATE OF CALiFOrniA ) ~,_. OF ORANGE ) CITY OF TUSTIN ) I, BARBARA REYES, the undersigned, hereby certify that I am the Recording Secretary of the Planning Comr, ission of the City of Tustin, California; that Resolution No. 3359 was duly passed and adopted at a regular meeting of the Tustin Planning Commission, held on the 22nd day of May, 1995. Recording Secretary EXHIBIT A CONDITIONAL USE PERMIT 95-005 CONDITIONS OF APPROVAL RESOLUTION NO. 3359 GENERAL (1) 1.1 The proposed project shall substantially conform with the submitted plans for the project date stamped May 22, 1995, 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. (1) 1.2 Approval of Conditional Use Permit 95-005 is contingent upon the applicant signing and returning an "Agreement to Conditions Imposed" form, as established by the Director of Community Development. (1) 1.3 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. (1) 1.4 Conditional Use Permit approval shall become null and void unless all required permits are issued, a business license is obtained and operations begin within twelve (12) months of the date of this Exhibit. *** 1.5 Conditional Use Permit 95-005 shall not become effective until all of the requirements of Tustin City Code Section 3613 are satisfied. Failure to obtain the required approvals shall render this Use Permit authorization null and void. In addition, this use permit shall become null and void if the business license is no~ kep~ current. OPERATIONS~$ITE COS~ITIONS 2.1 Business hours for the orooosed thrif~ store sha!~ not extend beyond 7-00 a.m. to 9'00 p.m., seven (7) days a week. An3' extension of these hours shall require approval of an amendment to 5his Conditional Use Permit by the Planning Comr, ission. SOURCE CODES (1) STAi~DARD CONDITION (5) RESPONSIBLE AGENCY REQUIREMENT (2) CEQA MITIGATION (6) LANDSCAPING GUIDELINES (3) UNIFOP~M BUILDING CODE/S (7) PC/CC POLICY (4) DESIGN REVIEW *** EXCEPTION E>:hibi t A Conditions of Approval Conditional Use Permit 95-005 Page 2 2.2 A record of all transactions shall be kept on the premises at all times and shall be made available for inspection by the Tustin Police Department upon request. The contents of said record shall comply with Tustin City Code Section 3612(a). (5) 2.3 The reporting of daily transactions shall be made to the Tustin Police Department on the following day of such transactions. The contents of this report shall comply with Tustin City Code Section 3612(b). (5) 2.4 A holding period of ten days from the date that the receiving transaction for any article that was reported to the Tustin Police Department shall be required prior to said article being sold in accordance with Tustin City Code Section 3614. (5) 2.5 The holding period of any article may be extended upon written notification by the Tustin Police Department in accordance with Tustin City Code Section 3614. (5) 2.6 Ail secondhand items received shall be made available for inspection upon request by the Tustin Police Department. (5) 2.7 The subject property shall be maintained in a safe, clean and sanitary condition at all times. (5) 2.8 The building shall meet all applicable requirements set forth in the Tustin Security Code relating %o commercial structures, including lighting and iockinc devices. Opaque maneria!s snai! non cover more tha- 25. percent cf the aggregate area of ali windows and doors on the buiidinc. - 2.10 Ail sales shall be limited -c donaLed clc%hes, merchandise and/ow handmade greeting carcs. SIGNS (5) 3.1 Ail signs, including any change of copy, require review and approval by the Community Development Department prior to installation. E>:h~ bit A Cond~'"ions of Approval Conditional Use Permit 95-005 Page 3 FEES (i) 4.1 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) pursuant to AB 3185, Chapter 1706, Statutes of 1990, enable the City to file the appropriate environmental determination required under Public Resources code Section 21151 and 14 Cal. Code of Regulations 15094. If within such forty-eight (48) hour period that the applicant has not delivered to the Community Development Department the above-noted check, the approval for the project granted herein shall be considered automatically null and void. in addition, should the Department of Fish and game reject the Certificate of Fee Exemption filed with the Notice of Determination and require payment of fees, the applicant shall deliver to the Community Development Department, within forty-eight (48) hours of notification, a cashier's check payable to the COUNTY CLERK in the amount of $850 (eight hundred_~i=~ty do!_ars,.~ ~ pursuant to AB 3158, Chaoter 1706, Statutes of 1990. if · this fee is imposed, the subjec- protect shall not be ooera~ive, ves~ed cr fi~-~ ~-~ie~ ~ ,~' ~ =ee ~ ~ .