HomeMy WebLinkAboutPC RES 3593RESOLUTION NO. 3593
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A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF
TUSTIN, APPROVING A TIME EXTENSION TO CONDITION 1.3.D OF
PLANNING COMMISSION RESOLUTION NO. 3517 APPROVING VARIANCE
94-010, CONDITIONAL USE PERMIT 97-004 AND DESIGN REVIEW 97-008
TO MAKE CERTAIN SITE IMPROVEMENTS TO THE PROPERTY LOCATED
AT 1471 NISSON ROAD.
The Planning Commission of the City of Tustin does hereby resolve as follows:
I. The Planning Commission finds and determines as follows:
A. The parking lot for the property has been incomplete and in violation of the
Tustin City Code for failure to complete with the parking requirements since
1991.
B. In November of 1991, the Planning Commission approved Variance 91-015
to reduce the parking as a result of Caltrans right-of--way acquisitions. The
property owner did not construct the improvements and despite numerous
time extensions granted by the Planning Commission, Variance 91-015
expired on May 12, 1994.
C. In July of 1994, the property owner submitted a new Variance application
(VAR 94-010) to reduce the parking on the site as a result of Caltrans
acquisitions. After significant effort on the part of the City to obtain a
complete application submittal from the property owner, the project was
deemed complete on March 10, 1997.
D. On March 27, 1997, the Planning Commission adopted Resolution No. 3517
approving Variance 94-010, Conditional Use Permit 97-004 and Design
Review 97-008 to reduce the required parking from 34 spaces to 17 spaces,
establish an outdoor sales and display area, and make certain site and
building improvements on the property located at 1471 Nisson Road.
E. On August 25, 1997, October 27, 1997, December 8, 1997 and April 27,
1998, the Planning Commission conducted public hearings to consider
revocation of said approvals for failure to comply with conditions of approval,
specifically Condition 1.3 of Resolution No. 3517 related to the time line in
which the project was to be completed.
F. The property owner has indicated his desire to modify the scope of work and
complete the parking lot, site improvements and landscaping and has
requested a time extension to Condition No. 1.3.D to complete such
improvements no later than July 13, 1998.
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Resolution No. 3593
Page 2
II. The Planning Commission hereby grants a time extension to Condition 1.3.D of
Planning Commission Resolution No. 3517, subject to the following conditions:
1. The scope of work will be modified to eliminate the outdoor display area and
exterior building modifications. The construction drawings shall be revised to
reflect the revised scope of work and shall be submitted to the Building
Division for plan check no later than May 26, 1998.
2. Work shall progress on the parking lot, site improvements and landscaping
which shall be completed no later than July 13, 1998.
3. No later than May 26, 1998, the property owner shall provide a $3,000 cash
deposit to the City to ensure completion of the project. This deposit will be
forfeited if the work is not completed by July 13, 1998.
4. No later than May 26, 1998, a Performance Bond in the amount of $60,000
shall be filed with the City which can be called on by the City to complete the
project if needed.
5. Approval of said extension is contingent upon the property owner signing
and returning an "Agreement to Conditions Imposed" form as established by
the Community Development Director no later than May 26, 1998.
6. The property owner shall hold harmless and defend the City of Tustin from
all claims and liabilities arising out of a challenge of the City's approval of this
project.
PASSED AND ADOPTED at a regular meeting of the Tustin Planning Commission,
held on the 11th day of May, 1998.
HOWARD ITZMAN
Chairman
LI BETH A. BINSACK
Planning Commission Secretary
STATE OF CALIFORNIA )
COUNTY OF ORANGE )
CITY OF TUSTIN )
I, ELIZABETH A. BINSACK, the undersigned, hereby certify that I am the Secretary of
the Planning Commission of the City of Tustin, California; that Resolution No. 3593
was duly passed and adopted at a regular meeting of the Tustin Planning Commission,
held on the 11th day of May, 1998.
IZABETH A. BINSACK
Planning Commission Secretary