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RESOLUTION NO. 3017
A RESOLUTION OF THE PLANNING COMMISSION OF THE
CITY OF TUSTIN, RECOMMENDING TO THE CITY
COUNCIL REVOCATION OF CONDITIONAL USE PERMIT
90-09 WHICH AUTHORIZED THE ESTABLISHMENT OF A
170 SQUARE FOOT BULK VENDING RECYCLING
FACILITY IN THE PARKING LOT LOCATED AT 14551
RED HILL AVENUE
The Planning Commission of the City of Tustin does hereby
resolve as follows:
I ·
The Planning Commission finds and determines as
follows:
ae
That the Planning Commission adopted
Resolution No. 2769, conditionally approving
Conditional Use Permit 90-09 to authorize the
establishment of a 170 square foot bulk
vending recycling facility in the parking lot
located at 14551 Red Hill Avenue.
B·
That pursuant to City Code Section 9293c, a
conditional use permit may be revoked if any
of the terms or conditions of the conditional
use permit are violated.
C,
That the operator of the recycling facility is
in violation of Condition No. 1.1 of Planning
Commission Resolution No. 2769 in that the
operator has expanded the recycling facility
from the approved one (1) self contained metal
structure of approximately 170 square feet to
include two (2) self contained metal
structures totaling approximately 340-square
feet.
De
The operator of the recycling facility is in
violation of Condition No. 2.2 of Planning
Commission Resolution No. 2769 in that the
present facility obstructs designated parking
spaces.
E·
The operator of the recycling facility has
continued to be unsuccessful in satisfying and
maintaining established conditions and terms
of the approved conditional use permit as
enforcement records indicate:
That the facility was originally
established on the site eight (8) months
prior to receiving approval and
authorization by the Conditional Use
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Resolution No. 3017
Page 2
Permit as required by City Code Section
9232 (b) (v);
·
That violations to Condition Nos. 1.4,
2.2, 2.4, and 2.5 of Planning Commission
Resolution No. 2769 have previously
existed as early as 2 months after
receiving approval of the conditional use
permit.
·
That violations to Condition Nos. 1.1,
1.4, 2.2, 2.4 have previously existed as
recently as April 1992.
·
That violations to City Code Section
9232(b) (v) have previously existed as
recently as April 1992.
H·
This action is Categorically Exempt from the
requirements of the California Environmental
Quality Act, pursuant to Section 15321 (Class
21) .
II. The Planning Commission hereby recommends to the
City Council revocation of Conditional Use Permit
90-09 which authorized the establishment of a 170
square foot bulk vending recycling facility located
in the parking lot at 14551 Red hill Avenue,
provided that an amendment to Conditional Use
Permit 90-09 is not issued by the Planning
Commission prior to May 12, 1992.
PASSED AND ADOPTED at a regular meeting of the Tustin
Planning Commission, held on the 13th day of April, 1992.
Cha i rman
KATHLEEN CLANCY
Secretary
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Resolution No. 3017
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.
3017 was duly passed and adopted at a regular meeting of
the Tustin Planning Commission, held on the 13th day of
April, 1992.
KATHLEEN CLANCY .<~
Recording Secretary ~'
DF:nm
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COPY
RESOLUTION NO. 2769
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY
OF TUSTIN, APPROVING CONDITIONAL USE PEP~IT 90-09,
AUTHORIZING ESTABLISHMENT OF A 170 SQUARE FOOT BULK
VENDING RECYCLING FACILITY IN THE PARKING LOT
LOCATED AT 14551 RED HILL AVENUE
The Planning Commission does hereby resolve as follows:
I. The Planning Commission finds and determines as follows:
ae
0
That a proper application, (Use Permit No. 90-09)
has been filed on behalf of Mobile Recycling
Corporation to request establishment of a 170 square
foot bulk vending recycling facility in the parking
lot located at 14551 Red Hill Avenue.
That a public hearing was duly called, noticed and
held on said application on May 14, 1990 and
continued to June 11, 1990.
Ce
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, evidenced by the
following findings:
·
The proposed use is a conditionally permitted
use within the C-2 ( Central Commercial )
district pursuant to City Code Section
9232 (b) (v) .
·
City Code Section 9232(b) (v) includes 14
different development standards related to
location, operations, scale and separation of
uses which has been satisfied by information
on the submitted development plans and
conditions of approval attached to this
resolution to ensure such compatibility.
De
E ·
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, and should
be granted as evidenced in the above findings.
This project has been determined to be categorically
exempt (Class 3) pursuant to Section 15303 of the
California Environmental,Quality Act.
ATTACHMENT A
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Resolution No. 2769
May 14, 1990
Page 2
II. The Planning Commission hereby approves Conditional Use
Permit No. 90-09 to authorize establishment of a 170
square foot bulk vending recycling facility in the
parking lot located at' 14551 Red Hill Avenue 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 llth day of June, 1990.
PENN~.OL~'~ ~__~ ~
Recording Secretary
EXHIBIT A
CONDITIONAL USE PERMIT 90-09 (MOBILE RECYCLING)
CONDITIONS OF APPROVAL
RESOLUTION NO. 2769
GENERAL
(1) 1.1 The proposed project shall substantially conform with the
submitted plans for the project date stamped June 11,
1990 on file with the Community Development Department,
except as herein modified, or as modified by the Director
of Community Development in accordance with this Exhibit.
(1) 1.2 Use Permit approval shall become null and void if the
recycling center is not installed and operative within
twelve months of the date on this Exhibit. Time
extensions may be granted by the Planning Commission if
a written request is received by the Community
Development Department within thirty (30) days prior to
expiration.
(1) 1.3 The applicant and property owner shall sign and return
an Agreement to Conditions Imposed form prior to the
issuance of any building permits and/or business license.
(1) 1.4 The applicant shall obtain a City Business License from
the Community Development Department.
SITE/ARCHITECTURE
*** 2.1 The parking lot shall be restriped in accordance with the
approved restriping plan as part of Planning Commission
Resolution 2785 prior to installation of the facility in
the proposed location. Should the parking lot not be
restriped within 30 days, the facility which is presently
located on the property shall be removed from the site
until the parking lot is restriped.
mmmm
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
Resolution No. 2769
June 11, 1990
Page 2
*** 2.2 The precise location of the container shall be such that
the drive aisle and adjacent parking spaces are not
obstructed when the facility is in operation or closed
for business pursuant to City Code Section 9232(b) (v).
*** 2.3 No power-driven equipment shall be permitted pursuant to
City Code Section 9232(b) (v).
*** 2.4 Ail materials shall be stored within the container. No
outdoor storage of any kind will be permitted. The
immediate vicinity shall be maintained free of litter,
pests, vermin, and any other undesirable materials at all
times pursuant to City Code Section 9232(b) (v).
*** 2.5 The location of the recycling facility shall be relocated
a total of 2 spaces to the west.
NOISE
*** 3.1 Ail operations of this recycling facility shall conform
to the City's Noise ordinance including provisions to not
exceed 60dB(a) at any time pursuant to City Code Section
4614 (a) .
SIGNS
(1) 4.1 Ail signage shall comply with City's Sign Code at all
times.
*** 4.2 The applicant shall also ensure that the container is
properly marked to identify the materials that may be
deposited, the name and telephone number of the facility
operator, hours of operation, and notice stating that no
materials shall be left outside the recycling facility
pursuant to City Code Section 9232(b) (v).