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RESOLUTION NO. 3193
A RESOLUTION OF THE PLANNING COMMISSION OF THE
CITY OF TUSTIN, CALIFORNIA APPROVING DESIGN
REVIEW 93-018, AUTHORIZING THE LOCATION OF
FOUR PUSHCARTS IN THE NORTH ENTERTAINMENT
VILLAGE OF THE TUSTIN MARKET PLACE
'F TH~
ESIGN
)N OF
NMENT
The Planning Commission of the City of Tustin ~oes hereby
resolve as follows:
I. The Planning Commission finds and determines as
follows: :
A·
B·
That a proper application, Design Review 93-018,
was filed by Donahue Schriber to p~rmit the
location of four pushcarts in ~he North
Entertainment Village of the Tustin Market Place.
Pursuant to Section 9272 of the Tustin Municipal
Code, the Agency finds that the architectural
features, materials and colors of the' pushcarts
will not impair the orderly and .harmonious
development of the area, the present or future
development therein, or the occupancy as a whole.
In making such findings, the Commission has
considered at least the following items:
Height, bulk and area of the requested
pushcarts.
2. Setbacks and site planning.
3. Exterior materials and colors.
4. Location and method of refuse storage.
·
Physical relationship of proposed
structures to existing structures in the
neighborhood.
·
Appearance and design relationship of
proposed structures to existing
structures and possible future structures
in the neighborhood and public
thoroughfares.
7. Proposed signing.
·
Development Guidelines and criteria as
adopted by the City Council.
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Resolution No. 3193
Page 2
C.
That the proposed project is categorically
exempt (Class 3) pursuant to the California
Environmental Quality Act 15303.
II. The Planning Commission approves Design Review 93-
018 to authorize the location of four pushcarts in
the North Entertainment Village of the Tustin
Market Place, 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 held on the 13th day of
September, 1993.
KATHLEEN CLANCY
Secretary
MA~RI ~/KASAILH~/ -- -
Chairperson
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.
3193 was duly passed and adopted at a regular meeting of
the Tustin Planning Commission, held on the 13th day of
~tember, 1~.3.
Recording Secretary
RESOLUTION NO. 3193
EXHIBIT A
CONDITIONS OF APPROVAL
DESIGN REVIEW 93-018
GENERAL
(1) 1.1 The proposed project shall substantially
conform with the submitted plans for the
project date stamped September 13, 1993 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.
Minor modifications to the plans may be
approved by the Director of Community
Development.
(1) 1.2 Unless otherwise specified, the conditions
contained in this Exhibit shall be complied
with prior to the issuance of any building
permits for the project subject to review and
approval by the Community Development
Department.
(1) 1.3 Ail pushcarts shall be operated in accordance
with the City!s Emergency Pushcart Ordinance
No. 1106, or any future ordinance regulating
the operation of pushcarts within the City of
Tustin.
(1) 1.4 Approval of Design Review 93-018 is contingent
upon the applicant signing and returning an
"Agreement to Conditions Imposed" form, as
established by the Director of Community
Development.
(1) 1.5 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) 1.6 A maximum of two pushcarts shall be permitted.
The location of the pushcarts shall be limited
to the Village Center Court of the North
Entertainment Village.
SOURCE CODES
(1) STANDARD CONDITION (4) RESPONSIBLE AGENCY REQUIREMENT
(2) UNIFORM BUILDING CODE/S (5) LANDSCAPING GUIDELINES
(3) DESIGN REVIEW (6) PC/CC POLICY
*** EXCEPTION (?) TUSTIN CITY CODE
Resolution No. 3193
Exhibit A
Page 2
(2) 1.7 The pushcarts shall be located in such a
position to provide adequate pedestrian
circulation and compliance with handicap
accessibility requirements of the American
Disabilities Act.
(4) 1.S The property owners shall be responsible for
the daily maintenance and upkeep of the
pushcarts, including the removal of graffiti.
All graffiti shall be removed within 72 hours
of a complaint being transmitted by the City
to the property owner. Failure to maintain
the pushcarts will be grounds for City
enforcement of its Property Maintenance
Ordinance, including maintenance and abatement
procedures.
(3) ~.9 In the event of a tampering or attractiveness
complaint regarding the pushcarts and when
written notice is provided by the Department
of Community Development, the pushcarts shall
be stored in a tenant space or storage area,
or the pushcarts shall be removed until such
time that indoor storage in the Tustin Market
Place is made available for the pushcarts when
not in use.