HomeMy WebLinkAboutPC RES 3744 RESOLUTION NO. 3744
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF
TUSTIN, APPROVING AN AMENDMENT TO CONDITION 1.3 OF
4 RESOLUTION NO. 3606 FOR CONDITIONAL USE PERMIT 98-013 AND
DESIGN REVIEW 98-006 EXTENDING THE DATE OF EXPIRATION OF
THE PROJECT APPROVALS TO AUGUST 30, 2001.
The Planning Commission does hereby resolve as follows:
s I. The Planning Commission finds and determines as follows:
9 A. That a proper application to amend Condition 1.3 of the Conditional Use
Permit 98-013 and Condition 1.3 of Design Review 98-006 approval was
~0 filed by Roger De Young Construction Company requesting extension of
n both approvals to August 30, 2001.
~2 B. That a public hearing was duly called, noticed and held on said application
~3 on August 14, 2000 by the Planning Commission.
~4 C. That according to Condition 1,3 of Design Review 98-006, substantial
construction was required by December 19, 1999 within eighteen (18)
~5 months from approval date of the project on June 19, 1998.
D. That according to Condition 1.3 of Resolution No. 3606, approved by the
~7 Planning Commission on August 10, 1998. the off-site beer and wine sales
was authorized for eighteen (18) months until February 10, 2000.
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~9 E. On May 10, 2000, the Community Development Director authorized a time
extension for DR 98-006 through August 30, 2000, and until February 10,
20 2001 for Conditional Use Permit 98-013.
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F. That on June 30, 2000, the applicant submitted a request to amend
:2 Condition 1.3 of Planning Commission Resolution No. 3606 and Design
Review approval 98-006 to allow time extensions for both projects until
2s August 30, 2001.
G. As of the date of this resolution, the applicant has not obtained building
25 permits for construction of the project and substantial construction is not
26 underway.
27 H. That the extensIon of the proiect expiration date until August 30, 2001
under the circu instances of this case, is not detrimental to the health
2s safety, or general welfare of the persons residing or working in the
29 neighborhood of such proposed use, and be injurious or detrimental to the
proper~y and 'mprovements in the neighborhood of the subject property, or
to the general welfare of the City of Tustin, as evidenced by the following
Resolution No. 3744
Page 2
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findings:
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1. Jamboree plaza has been designed with the approved project
5 design in mind. The design still works despite delay in
6 implementation.
? 2. The Negative Declaration prepared for the project is still valid.
3. Granting the extension would require the applicant to finance the
9 projectand begin construction within one (1) year.
~0 4. With the exception of this parcel, all parcels within Jamboree Plaza
n have been developed within the 15ast few years, which indicates that
development activity is strong throughout the City-and county.
~2 Development at this site is very likely to be financed and occur either
under this ownership or another.
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~4 5. As conditioned, applicantwill be required to keep the site clean and
weed free.
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~6 I. This project was addressed in a Negative Declaration for Design Review 98-006,
certified by the Community Development Department on June 19, 1998.
II. The Planning Commission hereby approves an amendment to Conditional Use
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Permit 98-013 and Design Review 98-006 to extend the expiration date of said
~9 project approval to August 30, 2001, subject to the conditions contained in Exhibit
A attached hereto.
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PASSED AND ADOPTED by the Planning Commission of the City of Tustin, at a regular
meeting on the 14th day of August, 2000.
23 ¢f'E4~ ~1 V. KOZAK
26 ETH A. BiNSACK ~
Planning Commission Secretary
STATE OF CALIFORNIA )
COUNTY OF ORANGE )
29 CITY OF TUSTIN )
Resolution No. 3744
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I ELIZABETH A. BINSACK, the undersigned, hereby certify that I am the Planning
~;ommission Secretary of the Planning Commission of the City of Tustin, California; that
Resolution No. 3724 was duly passed and adopted at a regular meeting of the Tustin
5 Planning Commission, held on the 14th day of August, 2000.
~-_~'LIZABETH A. BINSACK
Planning Commission Secretary
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EXHIBIT A -
AMENDMENT TO CUP 98-013 AND DR 98-006
CONDITIONS OF APPROVAL
GENERAL
*** 1.1 Condition 1.3 of Planning Commission Resolution No. 3606 shall be
amended to read:
"The subject approval shall become null and void unless a license is
obtained from the Department of Alcoholic Beverage Control by August
30, 2001 ."
(1) 1.2 With the exception of Condition 1.1 of Resolution No. 3606, all remaining
conditions of approval contained in Planning Commission Resolution No.
3606 contained in the Conditional Use Permit 98-013 approval letter dated
August 12, 1999 shall continue to apply to this project.
*** '1.3 Condition 1.3 of Exhibit A-Approval of Design Review 98-006 shall be
amended to read:
"The subject project approval shall become null and void unless grading
and building permits for the proposed project are issued and substantial
construction is underway by August 30, 2001 ."
(1) 1.4 With the exception of Condition 1.3 of Exhibit A of Design Review 98-006
approval, all remaining conditions of approval contained in the letter dated
June 19, 1998 shall continue to apply to this project.
(1) 1.5 The property owner shall maintain the vacant site in a weed free and clean
condition at all times. Any violation of this condition is subject to the
imposition of a civil penalty of $100.00 for each violation and each day the
violation exists.
(1) '1.6 The applicant shall be responsible for costs associated with any necessary
code enforcement action.
(1) '1.7 The applicant shall hold harmless and defend the City of Tustin from all
claims and liabilities arising out of a challenge of the City's approval for this
project.
(1) '1.8 Approval of amendments to Conditional Use Permit 98-013 and Design
Review 98-006 is contingent upon the applicant and property owner signing
and returning an "Agreement to Conditions Imposed" form as established
by the Director of Community Development.
SOURCE CODES
(1) STANDARD CONDITION (5) RESPONSIBLE AGENCY
(2) CEQA MITIGATION REQUIREMENTS
(3) UNIFORM BUILDING CODE/S (6) LANDSCAPING GUIDELINES