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HomeMy WebLinkAboutPC RES 3230RESOLUTION NO. 3230 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF TUSTIN, APPROVING AMENDMENT TO CONDITIONAL USE PERMIT 93-029 AND VARIANCE 93-008, TO AMEND CONDITION 1.1 OF PLANNING COMMISSION RESOLUTION NO. 3191 TO ELIMINATE VARIOUS LANDSCAPED AREAS, PROPERTY LINE BLOCK WALLS AND PARKING LOT CURBING AS PREVIOUSLY APPROVED FOR THE PROPERTY LOCATED AT 190 EL CAMINO REAL, TUSTIN, CALIFORNIA. The Planning Commission does hereby resolve as follows: I. The Planning Commission finds and determines as follows: ae That proper applications, Amendment to Conditional Use Permit 93-029 and Variance 93-008 to amend Condition 1.1 of Planning Commission Resolution No. 3191 to eliminate various landscaped areas, property line block walls and parking lot curbing as previously approved for the property located at 190 E1 Camino Real. Be That a public hearing was duly called, noticed and held on said applications on January 24, 1994 by the Planning Commission. C· That 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, and will not be a detriment to the property and improvements in the neighborhood of the subject property and to the general welfare of the City of Tustin as evidenced by the following findings: · The proposed modifications to the landscaped areas would still provide landscaping within the parking lot in excess of the minimum required amount of 5 percent of the parking lot area as required by the City's Landscape and Irrigation Guidelines. · The elimination of the block wall would be consistent with provisions of the City's Zoning Code related to fences as the adjacent property to the north is zoned C-2 (Central Commercial). 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 Resolution No. 3230 Page 2 · The relocation of the proposed parking lot lighting would help to ensure compliance with the City's Security Ordinance to provide a minimum of 1 footcandle of light on the parking lot surface. , The use of continuously spaced wheel stops would meet the intent and provide the same level of safety for parking vehicles as continuous concrete curbs. De 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, as evidenced by the findings stated above. E· This project has been determined to be Categorically Exempt (Class 3) pursuant to the provisions of Section 15303 of the California Environmental Quality Act (CEQA). II. The Planning Commission hereby approves Amendment to Conditional Use Permit 93-029 and Variance 93-008 to amend Condition 1.1 of Planning C~m~ission Resolution No. 3191 to eliminate various landscaped areas, property line block walls and parking lot curbing as previously approved for the property located at 190 E1 Camino Real, 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 24th day of January, 1994. Chairperson Recording Secretary 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 Resolution No. 3230 Page 3 STATE OF CALIFORNIA ) COUNTY OF ORANGE ) CITY OF TUSTIN ) I, KATHLEEN CLANCY, the undersigned, hereby certify that I am the Recording Secretary of the Planning Commission of the City of Tustin, California; that Resolution No. 3230 was duly passed and adopted at a regular meeting of the Tustin Planning Commission, held on the 24th day of January, 1994. Recording Secretary EXHIBIT A CONDITIONS OF APPROVAL AMENDMENT TO CONDITIONAL USE PERMIT 93-029 AND VARIANCE 93-008 RESOLUTION NO. 3230 GENERAL (1) 1.1 Condition No. 1.1 of Planning Commission Resolution No. 3191 is hereby modified to read as follows: "The proposed project shall substantially conform with the submitted plans for the project date stamped January 24, 1994 on file with the Community Development Department as herein modified or as modified by the Director of Community Development 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 found to be consistent with provisions of the Tustin city Code. (6) 1.2 Condition No. 2.2 of Planning Commission Resolution No. 3191 is hereby modified to read as follows: "Construction drawings submitted for plan check shall contain complete landscape plans including planting and irrigation, in accordance with the City of Tustin Landscape Guidelines. Said landscaping plans shall include at minimum: a · One (1) 15 gallon tree for each five (5) parking stalls within the parking lot and five (5) - 5 gallon shrubs per each 25 lineal feet of planter area. bo Buffer the parking area with a 30 inch minimum height buffer (30 inch maximum at driveway access points to preclude restriction of visibility). This buffer may be achieved with a shrub screen, a berm, or a combination of these two elements." *** 1.3 Unless superseded by conditions contained in this Exhibit, all Conditions of Approval of Planning Commission Resolution No. 3191 shall remain applicable and in full force and effect. 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) DESIGN REVIEW *** EXCEPTION Exhibit A Conditions of Approval Amendment to CUP 93-029 and Variance 93-008 Resolution 3230 Page 2 The applicant and property owner shall sign and return an "Agreement to Conditions Imposed" form prior to issuance of building permits for amended plans. (i) 1.5 The applicant and property owner 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.