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RESOLUTION NO. 3052
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY
OF TUSTIN, CALIFORNIA, APPROVING CONDITIONAL USE
PERMIT 92-023, AUTHORIZING AN AMENDMENT TO
CONDITIONAL USE PERMIT 89-47 TO CONSTRUCT OUTDOOR
PLAY EQUIPMENT AT THE CARL'S JR. RESTAURANT LOCATED
AT 14041 NEWPORT AVENUE
The planning commission of the City of Tustin does hereby
resolve as follows:
I. The Planning Commission finds and determines as follows:
A®
A proper application, Conditional Use Permit 92-
023, has been filed by Carl Karcher Enterprises,
Inc. requesting authorization to amend Conditional
Use Permit 89-47 which approved the development
plans for the Tustin Freeway Center and the Carl's
Jr. Restaurant located at 14041 Newport Avenue to
allow the construction of outdoor play equipment.
Be
A public hearing was duly called, noticed and held
for said application on June 22, 1992.
C.
The proposed Construction requires a conditional
use permit, pursuant to conditions of approval
stated in Conditional Use Permit 89-47 which
authorized the development plan for this Planned-
Community Commercial District.
De
That the establishment, maintenance, and operation
of the use applied for would 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 as evidenced by
the following findings:
·
The proposed outdoor play equipment would be
adjacent to an existing restaurant, and
enclosed by a 6'-0" in height metal fence the
design of which provides for visibility from
the street.
·
The proposed playground equipment would be lit
by existing building fixtures, and with
existing street lights.
·
The proposed outdoor play equipment would be
designed to meet the requirements of the
United States Consumer Product Safety
Commission.
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Resolution No. 3052
Page 2
·
The proposed outdoor play equipment would be
continuously monitored by restaurant
personnel.
Ee
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.
Fe
This project is Categorically Exempt from the
requirements of the California Environmental
Quality Act, pursuant to Section 15303 (Class 3).
II. The Planning Commission hereby approves Conditional Use
Permit 92-023 authorizing the request to amend
Conditional Use Permit 89-47 to allow the construction of
outdoor play. equipment at the Carl's Jr. restaurant
located at 14041 Newport Avenue 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 22nd day of June,
1992.
Recording Secretary
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Resolution No. 3052
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. 3052 was duly
passed and adopted at a regular meeting of the Tustin Planning
Commission, held on the 22nd day of June, 1992.
KATHLEEN CLANCY
Recording Secretary
EXHIBIT A
RESOLUTION NO. 3052
CONDITIONS OF APPROVAL
CONDITIONAL USE PERMIT 92-023
GENERAL
(1) 1.1 The proposed project shall substantially conform to
submitted plans date stamped June 22, 1992, on file with
the Community Development Department as herein modified
or as modified by the Director of Community Development
in acc6rdance .with this exhibit.
(1) 1.2 Ail other conditions of CUP 89-47, as adopted by
Resolution No. 2731, shall remain in full force and
effect except as modified as follows:
Condition 1.1 shall be modified to read as follows:
"The proposed project shall substantially
conform with the submitted Dlans for the
project date stamped January 8, 1990, on file
with the Community Development Department as
herein modified or as modified by the Director
of Community Development in accordance with
this Exhibit. Submitted plans constitute the
approved development plan and, excepting
minimal modifications to structures or site
plan which may be approved by the Community
Development Director, shall not be modified
without prior approval of an amendment to this
use permit."
(1) 1.3 Approval of Conditional Use Permit 92-023 is contingent
upon the applicant signing and returning an "Agreement to
Conditions Imposed" form as established by the Director
of Community Development.
(1) 1.4 Permits for the construction of the playground equipment
shall be issued within 18 months of approval or this
Conditional Use Permit shall become null and void.
(1) 1.5 Ail construction shall meet the requirements of the 1991
Uniform Building Code.
SOURCE CODES
(1) STANDARD CONDITIONS
(2) PLANNING COMMISSION POLICY
(3) MUNICIPAL CODE
(4) RESPONSIBLE AGENCY REQUIREMENT
(5) UNIFORM BUILDING CODE(S)
Exhibit A - Conditions of Approval
Conditional Use Permit 92-009
June 8, 1992
Page 2
(4) 1.6 A revised site plan in 8½" x 11" format indicating that
152 parking spaces are required for the shopping center
of which Carl's Jr. is a part, shall be included in the
working drawings and submitted to the Community
Development Department prior to permit issuance.
PLAN SUBMITTAL
(1) 2. i At plan check, submit three (3) sets of construction
plans, two (2) sets of structural calculations prepared
by a licensed engineer/architect. Requirements of the
Uniform Building code shall be complied with as approved
by the Building Official.
(1) 2.2 Technical details and plans for all utility installations
shall be required as applicable. No field changes shall
be made without corrections submitted to and approved by
the Building Official.
(1) 2.3 Exit gates shall be of panic hardware and shall swing in
the direction of exit travel per Section 3304 of the
Uniform Building Code.
FEES
(1) 4.1 Payment of the following fees, but not limited to, shall
be made prior to the issuance of any building permits, in
accordance with the Tustin City Code:
ae
Building plan check and permit fees to the
Community Development Department.
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