The URL can be used to link to this page

Home My WebLink AboutPC RES 2609 1 3 4 7 8 9 10 11 ~3 14 '.. 17~ 23 24 RESOLUTION NO. 2609 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF TUSTIN, APPROVING A TEMPORARY USE PERMIT ALLOWING THE INSTALLATION AND OPERATION OF A TEMPORARY CLUBHOUSE, STARTER'S BOOTH AND GOLF CART STORAGE AREA FOR THE OPERATION OF THE TUSTIN RANCH GOLF CLUB WHILE PERMANENT FACILITIES ARE COMPLETED. The Planning Commission of the City of Tustin does hereby resolve as fol lows' I. The Planning Commission finds and determines' A. That a proper application has been filed by the Irvine Con~any requesting approval of a Temporary Use Permit to allow the installation and operation of a temporary clubhouse, starter's booth and golf cart storage area for the operation of the Tustin Ranch Golf Club while permanent facilities are completed for 180 day s. B. That a hearing was duly held on May 22, 1988 for said application. C. That the proposed temporary use is Categorically Exempt (Class 3) pursuant to Section 15303(c} of the California Environmental Quality Act. D. That establishment, maintenance, and operation of the proposed temporary use will not, under the circumstances of this case, be detrimental or injurious to the property, health, safety, morals, comfort, or general welfare of the persons residing or working in the vicinity of said proposed use, as evidenced by the following findings' 1. That the subject property is physically able to accommodate the proposed temporary use. 2. That Tustin Ranch Road is capable of handling anticipated traffic to the subject site, and access to the site will be provided through the 28 foot wide main entry drive. 3. That adequate parking for the temporary operation of the golf course will be provided on-site. 4, That building permits can be issued for temporary and permanent facilities subject to a Hold Harmless Agreement as this is a unique site with substantial storm drain improvements, and the Peter's Canyon retention basin will be operational prior to the rainy season. 5. That all potential, adverse impacts associated with the proposed temporary use will be mi ti gated by the conditions contained in Exhibit 'A', attached hereto. 5 6 8 9 10 12 13 14 15 17 19 20 21 22 23 24, 25, 26 27 28 Resolution No. 2609 Page two II. The Planning Commission hereby approves a Temporary Use Permit to allow the installation and operation of a temporary clubhouse, starter's booth and golf cart storage area for the operation of the Tustin Ranch Golf Club while permanent facilities are completed for a period of 180 days, subject to the conditions contained in Exhibit 'A' and the Hold Harmless Agreement in Exhibit 'B', attached hereto. PASSED AND ADOPTED at a regular meeting of the Tustin Planning Commission, held on the 22nd day of May, 1989. Chairman Penni Foley /I Secretary v EXHIBIT 'A' TEMPORARY USE PERMIT TUSTIN RANCH GOLF CLUB CONDITIONS OF APPROVAL RESOLUTION NO. 2609 1. The proposed temporary facilities and operations shall substantially conform with the submitted plans and narrative description, date stamped May 2, 1989 on file with the Community Development Department as herein modified, or as modified by the Director of Community Development in accordance with this Exhibit. 2. This Temporary Use Permit shall be effective commencing on July 7, 1989 and shall expire on January 7, 1990. The Planning Commission may grant an extension if requested by the applicant prior to the expiration date. 3. Appropriate building, plumbing and electrical plans and calculations shall be submitted to the Building Division for review and approval prior to issuance of any permits for the temporary facilities. 4. All requirements of the Fire Department shall be satisfied prior to issuance of any permits for the temporary facilities, including but not limited to access and verification of required fire flow. · A chain link fence with vinyl mesh shall be installed to enclose and screen the storage area housing the driving range retrival, washing and distribution equipment prior to issuance of a certificate of occupancy for the temporary clubhouse. . Vinyl mesh shall be placed on all fencing enclosing construction activities as well as around the temporary golf cart storage area prior to issuance of a certificate of occupancy. A minimum of 147 parking spaces shall be provided for temporary operations. An additional 16 spaces shall be provided for the 20 tee teaching range should the applicant desire to open such prior to completion of the permanent facilities. 8. The starter's booth shall be stained to match the temporary club house. · Hours of operation of the temporary clubhouse and golf course shall be dawn to 10:00 p.m. Hours of operation of the driving range shall be 7:00 a.m. to 10:00 p.m. 10. Detailed landscaping and irrigation plans for all edge treatments and in and around all temporary and permanent facilities shall be submitted for review and approval by the Community Development Department prior to issuance of permits. Said plans shall conform to the City's Landscape and Irrigation Guidelines. 11. Shielding and aiming of all light fixtures shall be subject to final inspection prior to commencement of operations. Resolution No. 2609 Exhibit A Page two 12. A trash bin shall be provided and shall be regularly serviced by Great Western Reclamation within the storage area adjacent to the temporary clubhouse. 13. All site improvements exterior to construction areas of permanent facilities, including but not limited to sidewalks, pathways, landscaping, paving, striping, lighting, etc. shall be completed prior to commencement of operations on July 7, 1989 unless otherwise approved by the Director of Community Development. 14. The applicant shall execute a Hold Harmless Agreement, accepting 100% of the risk and liability associated with installing improvements on the golf course prior to the Peter's Canyon retention basin becoming operational and holding the City harmless as shown on Exhibit B, prior to issuance of any permits. A copy of said Agreement shall be provided to the City. 15. The applicant shall sign and return an Agreement to Conditions Imposed form prior to issuance of any permits for the temporary facilities. SR:ts EXHIBIT B DRAFT HOLD I~ARMLESS AND INDEMNITY AGREEMENT BETWEEN THE CITY OF TUSTIN AND TH~ IRVINE COMPANY REGARDING THE GOLF COURSE FACILITIES This Agreement is entered into this day of 1989, by and between the City of Tustin, a municipal corporation ('City") , and The Irvine Company, a corporation ("Company")· , RECITALS 1. The Company owns certain real property which it is developing as a golf course in the City of Tustin. 2. such real property is part of Tentative Tract Map .No. 12870, which approval was conditioned upon, among other things, the following: "Prior to issuance of any building permits for any residential/commercial projects within the Tract, all retention basin facilities must be constructed and operational.' (Condition 1.9) 3. In order to meet opening date goals, the Company wishes to apply for issuance of building permits for certain buildings ('golf course facilities") associated with its development of the golf course property prior to the estimated completion of the retention basin facilities. 4. The Company fully understands and acknowledges the risk to its own real property and to the golf course facilities that may result from the construction of said golf course facilities prior to the operational date of the retention basin facilities. 5. The City's Community Development Department is willing to excuse the performance of Condition 1.9 with respect to the golf course facilities, upon certain terms and conditions. NOW, THEREFORE, in view of the premises and mutual covenants herein, the parties agree as follows: 1. The Company acknowledges that construction of its golf course facilities prior to the operational date of the retention basin facilities may pose a substantial risk of harm to the golf course facilities and to other Company properties. 2. The Company hereby assumes the above-described risks and hereby releases, indemnifies and holds harmless the City, its officers, agents, employees, and representatives from all claims, demands, actions of any kind whatsoever, arising out of the City' s Community Development Department' s excuse of the performance of Condition 1.9 (Tract No. 12870) for the golf course facilities and City's permission to construct said facilities prior to the operational date of the retention basin facilities. The Company agrees that it shall, at its own cost, expense and risk, defend City, its officers, agents, employees and representatives in any and all claims, demands, actions, suits or other legal proceedings which may be brought or instituted against City, its officers, agents, employees or representatives with regard to the types of claims described above. 3. In consideration of Company's agreement to assume the risk of damage and hold the City harmless, the City's Community Development Department will not require that the retention basin facilities be constructed and operational prior to the issuance of building permits for the golf course facilities. 4. Each party represents and warrants that they have been duly authorized to enter into this Agreement and that they have the authority to sign on behalf of the party for whom they sign. CITY OF TUSTIN By: Director', c~mmun~t~' DeVe~oPm-en't Approved as to form: CITY ATTORNEY By: .... THE IRVINE COMPANY By: LEJ: tw:D: 5/15/89: 127m. tw STATE OF CALIFORNIA ) COUNTY OF ORANGE ) CITY OF TUSTIN ) I, PENNI FOLEY, the undersigned, hereby certtfy that I am the Recording Secretary of the Plann~lng Commission of the Ctty of Tustin, California; that Resolution No. ~.~(~ was duly passed and adopted at a regular meeting of the Tusttn Planning Commission. held on the ~, r~.day of /~ . 1980{ . PENNI FOLEY Recordtng Secretary