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RESOLUTION NO. 3107
A RESOLUTION OF THE PLANNING COMMISSION OF THE
CITY OF TUSTIN APPROVING CONDITIONAL USE
PERMIT 92-035, AUTHORIZING THE ESTABLISHMENT
OF AN ON-PREMISE DRY CLEANING FACILITY WITHIN
AN EXISTING TENANT SPACE AT THE PROPERTY
LOCATED AT 13882 NEWPORT AVENUE, SUITE D,
TUSTIN, CA.
The Planning Commission of the City of Tustin does hereby
resolve as follows:
I ·
The Planning Commission finds and determines as
follows:
A·
That a proper application, Conditional Use
Permit 92-035, has been filed by Mr. Hamid
Rashidian to establish an on-premise dry
cleaning facility at the property located at
13882 Newport Avenue, Suite D, Tustin,
California.
B®
A public hearing was duly called, noticed and
held for said application on December 14,
1992.
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 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 operation and installation of dry
cleaning equipment is subject to
monitoring by the South Coast Air Quality
Management District which regulates the
ambient air quality and the proposed
project is in conformance with all
requirements.
·
The operation and installation of the dry
cleaning facility entails the use of
potentially flammable liquids which are
subject to requirements of the Uniform
Fire and Building Codes which specify
quantities and fire rated construction.
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Resolution No. 3107
Page 2
·
The establishment of a dry cleaning
facility at this location is compatible
with the existing uses in that any
potential adverse impacts related to
noise or air quality have been mitigated
through conditions of approval herein
referenced as Exhibit A. In addition,
the project will not alter the exterior
of the existing building as improvements
will be limited to within the tenant
space and any additional rooftop
equipment will be screened.
De
A Negative Declaration has been prepared and
certified for this project in accordance with
provisions of the California Environmental
Quality Act.
II. The Planning Commission hereby approves Conditional
Use Permit No. 92-035 to authorize the
establishment of an on-premise dry cleaning
facility at the property located at 13882 Newport
Avenue, Suite D subject to the condition contained
in Exhibit A, attached hereto.
PASSED AND ADOPTED at a regular meeting of the Tustin
Planning Commission, held on the 14th day of December,
1992.
ChairperSon .
THLEEN CLANCY
Secretary ' ~
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Resolution No. 3107
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.
3107 was duly passed and adopted at a regular meeting of
the Tustin Planning Commission, held on the 14th day of
December, 1992.
KA~HLEEN CLANCY ~7%
Recording Secretary-
EXHIBIT A
CONDITIONAL USE PERMIT 92-035
CONDITIONS OF APPROVAL
RESOLUTION NO. 3107
GENERAL
(1) 1.1 The proposed project shall substantially conform with the
submitted plans for the project date stamped December 14,
1992 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 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 Conditional Use Permit approval shall become null and
void unless all permits are issued within twelve (12)
months of the date of this Exhibit and substantial
construction is underway.
(1) 1.4 Approval of Conditional Use Permit 92-035 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
City's approval of the entitlement process for this
project.
OPERATIONS
(2) 2.1 The applicant shall obtain all required approvals and
permits from the South Coast Air Quality Management
District prior to the issuance of a Building Permit.
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
Resolution 3107
Conditional Use Permit 92-035
Page 2
(2) Z.Z The applicant shall obtain all required approvals and
permits from the Orange County Fire Department prior to
issuance of a Building Permit.
(2) Z.3 Roof-top equipment shall be installed six inches (6")
(1) below the top of the parapet of the existing building.
Should the proposed equipment exceed this height,
architecturally compatible screening will be required in
order to maintain the building's roof line. An elevation
showing rooftop equipment installation related to the
height of the parapet must be identified at plan check
submittal and any design of required screening will be
subject to the approval of Community Development
Department Director.
PL;tN SUBMITTAL
(3) 3.1 At building plan check the applicant shall submit tenant
improvements plans, structural calculations and Title 24
energy calculations. Requirements of the Uniform
Building Codes, State Handicap and Energy Requirements
shall be complied with as approved by the Building
Official.
(2) 3.Z At building plan check submittal, the applicant shall
submit cross-section details of the tenant space roof-top
showing the installation of the proposed roof-top
equipment to be in compliance with Condition No. 2.3
referenced herein.
FEES
(1) 4.1 Payment of plan check and permit fees to the Community
Development Department shall be made prior to the
issuance of any building permits in accordance with the
Tustin City Code.
*** 4.2 Within forty-eight (48) hours of approval of the subject
(5) project, the applicant shall deliver to the Community
Development Department, a cashier's check payable to the
COUNTY CLERK in the amount of $25.00 (twenty five
dollars) pursuant to AB 3158, Chapter 1706, Statues of
1990, to enable the City to file the Notice of
Determination required under Public Resources Code
Section 21152 and 14 Cal. Code of Regulations 15075. If
within such forty-eight (48) hour period that applicant
has not delivered to the Community Development Department
Exhibit A
Conditional Use Permit 92-035
Conditions of Approval
Page 3
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) hour of notification,
a cashier's check payable to the COUNTY CLERK in the
amount of $1,250 (one thousand, two hundred fifty
dollars) pursuant to AB 3158, Chapter 1706, Statues of
1990. If this fee is imposed, the subject project shall
not be operative, vested or final unless and until the
fee is paid.
JP:br\3107