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HomeMy WebLinkAboutPC RES 3219 ] 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 2O 21 22 24 26 27 RESOLUTION NO. 3219 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF TUSTIN, APPROVING AMENDMENTS TO CONDITIONAL USE PERMIT 91-029, DESIGN REVIEW 91-026 AND VARIANCE 9018 TO AUTHORIZE THE PHASED CONSTRUCTION OF A PAINT, RESTORATION, AUTO BODY SHOP AND AUTO LEASING FACILITY LOCATED AT 36 AUTO CENTER DRIVE. The Planning Commission of the City of Tustin does hereby resolve as follows: I. The Plafining Commission finds and determines as follows: ae That a proper application to Amend Conditional Use Permit 91-029, Design Review 91-026 and Variance 91-018 was filed by MacPherson Enterprises requesting authorization to provide a phased construction of the site and leasing and auto body shop facilities on the property located at 36 Auto Center Drive. S. That public hearing was duly called, noticed and held for said amendment on November 22, 1993 by the Planning Commission and continued to December 13, 1993. Ce That an Environmental Impact Report (EIR 84-2) for the Tustin Auto Center has been certified in conformance with the requirements of the California Environmental Quality Act for the subject project area. De 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 the proposed use nor be a detriment to the property and improvements in the neighborhood of the subject property, nor the general welfare of the City of Tustin as evidenced by the following findings: · The proposed phased improvements would install the ultimate improvements along the project street frontage and sales display area with Phase I to provide the appearance of a completed project. ] 3 4 5 6 7 9 10 11 12 13 15 16 17 18 19 20 21 22 23 24 25 26 28 Planning Commission Resolution No. 3219 Page 2 · The phased construction would accommodate additional new vehfcle display area and additional employee parking from other dealership sites to reduce the current on- street parking concerns currently observed within the Auto Center. ~ Ail improvements would be installed consistent to accommodate ultimate construction of the leasing and service/auto body shop facilities, including the installation of utilities to the building pads in conjunction with Phase I improvements. II. The Planning Commission hereby approves an Amendment to Conditional Use Permit 91-029, Design Review 91-026 and Variance 91-018 to authorize the phased construction of a leasing and auto body shop facilities on the property located at 36 Auto Center Drive, subject to the conditions contained in Exhibit A, attached hereto. PASSED AND ADOPTED by the Planning Commission of the City of Tustin, at a regular meeting on the 13th day of December, 1993. Recording Secretary Chairperson 3 5 6 7 $ 9 12 14 15 17 18 ~9 20 22 23 24 25 27 Planning Commission Resolution No. 3219 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. 3219 was duly passed and adopted at a regular meeting of the Tustin Planning Commission, held on the 13th day of December, 1993. KATHLEEN CL~CY~ Recording Secretary EXHIBIT A RESOLUTION NO. 3219 CONDITIONS OF APPROVAL AMENDMENT TO CONDITIONAL USE PERMIT 91-029, DESIGN REVIEW 91-026 AND VARIANCE 91-018 (MacPHERSON) GENERAL (1) 1.1 The proposed project for ultimate development and build- out for the site shall substantially conform with the submitted plans for the project date stamped November 12, 1991 on file with the Community Development Department as required by Condition No. 1.1 of Planning Commission Resolution No. 2975. (1) 1.2 The proposed phasing of the project shall substantially conform with the submitted plans date stamped December 13, 1993 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 Auto Center District Regulations. *** 1.3 Unless superseded by conditions contained in this Exhibit, all Conditions of Approval of Planning Commission Resolution Nos. 2975 and 2977 shall remain applicable and in full force and effect. *** 1.4 Condition No. 1.4 of Resolution No. 2975 and Condition No. 1.3 of Resolution No. 2977 is hereby deleted to accommodate the proposed phased construction of the property. *** 1.5 The Planning Commission shall conduct a public hearing to review the subject Conditional Use Permit, Design Review and Variance approvals on or before December 13, 1996. Said public hearing shall be conducted without the need for the applicant to provide a completed application form or pay application fees. At said hearing, the Planning Commission shall determine at what time the ultimate improvements, including construction of the leasing and auto body facilities, would need to be constructed. 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 Amendment to CUP 91-029, DR 91-026 and VAR 91-018 Reso No. 3219 Page 2 *** 1.6 Phase I construction shall include the installation of all underground utilities stubbed to the proposed building pads to accommodate the ultimate buildings and site improvements located in the identified Phases II and III of construction. *** 1.7 Ail improvements identified in the interim Phases I, II and III Program as shown on the December 13, 1993 submitted plans shall be installed and completed prior to the use and occupancy of the improvements for new vehicle display and/or employee parking. (1) 1.8 The applicant and property owner shall sign and return an "Agreement to Conditions Imposed" form prior to issuance of building permits for Phase I of construction. (1) 1.9 The applicant and property owner sLall hold harmless and defend the City of Tustin for all claims and liabilities arising out of the City's approval of the entitlement process for this project.