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HomeMy WebLinkAboutRDA EXT D.R. 92-050 04-04-94RDA NO. 6 DATE: APRIL 4, 1994 TO: FROM' SUBJECT: WILLIAM A. HUSTON, EXECUTIVE DIRECTOR COMMUNITY DEVELOPMENT DEPARTMENT TIME EXTENSION FOR DESIGN REVIEW 92-050/FRONTRUNNER HOMES RECOMMENDATION It is recommended that the Redevelopment Agency approve a modification to Condition No. 1.3 of Planning Commission Resolution No. 3133 to allow a time extension to run concurrent with Conditional Use Permit 92-038 through September 1, 1995 to obtain all building permits and have substantial construction underway for Design Review 92-050 by adopting Resolution No. RDA 94-3, as submitted or revised. FISCAL IMPACT This project was initiated by the applicant and involves the construction of a self serve car wash. Therefore, there are no fiscal impacts to the City associated with this project. BACKGROUND On March 22, 1993, the Planning Commission approved Conditional Use Permit 92-038 by the adoption of Resolution No. 3132 and recommended to"the Redevelopment Agency the approval of Design Review 90-050 by the adoption of Resolution No. 3133. The Redevelopment Agency approved Design Review 90-050 cn April 5, 1993 by the adoption of Resolution No. RDA 93-05. The proposal was to authorize the establishment and operation of a self-serve, coin-operated car wash within the Commercial General (CG) District and to allow construction of the car wash facility and associated site improvements on a vacant site located on the southerly side of E1 Camino Real, approximately 4~0 feet east of Newport Avenue (see location map). Redevelopment Agency Report Design Review 92-050 April 4, 1994 Page 2 Condition No. 1.3 of Planning Commission Resolution ~.;o. 3132 indicates that Conditional Use Permit 92-038 will become null and void unless building permits are issued with 12 months of the approval date, or March 22, 1994. Condition No. 1.3 of Planning Commission Resolution No. 3133 indicases that Design Review 92-050 will become null and void unless building permits are issued with 18 months of the approval date, or October 22, 1994. On February 22, 1993, the Community Development Department received a letter from the applicant, Mr. L. Vincent Mayell of Frontrunner Homes, requesting time extensions to the Conditional Use Permit and Design Review approval resulting in both actions having a common expiration date of March 22, 1995. Mr. Mayell states the need for the additional time extensions is due to difficulties in obtainin? financing (Attachment A). On March 28, 1994, the Planning Commission adopted Resolution No. 3244 approving a modification to Condition No. 1.3 of Planning Commission Resolution No. 3132 to allow an eighteen (15) month extension through September 1, 1995 to obtain'~l building permits and have substantial construction underway for Conditional Use Permit 92-038; and recommending to the Tustin Communit~? Redevelopment Agency approval of a modification to Condition No. 1.3 of Planning Commission Resolution No. 3133 to allow a time extension to run concurrent with Conditional Use Permit 92-035 through September 1, 1995, to obtain all building permits and have substantial construction underway for Design Review 92-050. A copy of the adopted Planning Commission Resolution is included as Attachment B. The subject site is located within the Town Center Redevelopmen~ Area requiring approval of the requested time extension by the Redevelopment Agency. The requested time extension is reasonable. Community Developmen~ Department staff is aware that construction loans are difficult tc obtain.at the present time. This item does not require a public kearing; therefore, no forma~ notices were transmitted. A copy of the staff report and meetin~ agenda was made available to the applicant. Redevelopment Agency Report Design Review 92-050 April 4, 1994 Page 3 CONCLUSION Based upon the above analysis and recommendation of the Planning Commission, it is recommended that the Redevelopment Agency adopt Resolution No. RDA 94-3, as submitted or revised approving a modification to Condition No. 1.3 of Planning Commission Resolution No. 3133 to allow a time extension to run concurrent with the expiration of Conditional Use Permit 92-038 thrcugh September 1, 1995 to obtain all building permits and have substantial construction underway for Design Review 92-050. Joann Schilke Lehmer Associate Planner Christine A. Shing Assistant City Manager Community Development Department CAS: JSL: br\dr92250, js [ Enclosures: Location Map Attachment A - Applicant's Letter of Request Attachment B - Planning Commission Resolution No. 3244 Site Plan and Elevations Resolution No. RDA 94-3 LOCATION MAP .J 'SIZZLER JACK ~' IN THE BOX ~v~' ~' ~ ~ ~ ' ~' PROPOSED CAR WASH SITE 44.a/~/~ s985 NO SCALE 17 February 1994 Christine A. Shinglcton, Director Community Development Department City of Tustin 300 Centennial Way Tustin, CA 92680 Re: Conditional Use Permit g92-038 \ <9,,, Dear Ms Shingleton, Due to the well known economic problems we. are facing currently in the development community I have had difficulty obtaining financing for my approved car wash permitted by the above referenced Conditional Use Permit. With the time, effort and expense both the City and I have put into the approvals I am most desirable to prevent the CUP from expiring! Please, therefore, let this letter serve as a request for an extension of the expiration date of thc referenced permit. I am confident that with the granting of additional time this project will come to fruition in that I am presently working in several directions toward that end. Sincercl)j~, / .. L. Vfncent MaYeff _~ cc: Joann Smhill(e' L~hmer ATTACHMENT 1200 Quail St.. Suite1 0O Newport Beach. CA 92660 (714} 833-3340 A 1 RESOLUTION NO. 3244 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 A RESOLUTION..OF THE PLJtNNING COMMISSION OF THE CITY OF TUSTIN, CALIFORNIA, CONDITIONALLY APPROVING A MODIFICATION TO COALITION NO. 1.3 OF PLANNING COMMISSION RESOLUTION NO. 3132 TO ALLOW AN EIGHTEEN (18) MONTH EXTENSION OF TIME THROUGH SEPTEMBER 1,· 1995, FOR CONDITIONAL USE PERMIT 92-038; AND RECOMMENDING TO THE 773STIN COMMUNITY REDEVELOPMENT AGENCY APPROVAL OF A MODIFICATION TO CONDITION NO. 1.3 OF PLANNING CO~24ISSION RESOLUTION NO. 3133 ALLOWING A CONCURRES~ EXTENSION OF TIME FOR DESIGN REVIEW 92-050 FOR /HE PROPERTY LOCATED AT THE SOUTHERLY SIDE OF EL CAMINO REAL APPROXIMATELY 450 FEET EAST TO NEWPORT AVENUE, TUSTIN, CA. 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 has been filed on behalf of Mr. L. Vincent Mayell of Frontrunner Homes requesting modification of Condition of Approval No. 1.3 of Planning Commission Resolution No. 3132 to allow an eighteen (18) month extension of time to the expiration date, through September 1, 1995, for Conditional Use Permit 92-038 and modification of Condition cf Approval No. 1.3 of Planning Commission Resolution No. 3133 to allow a concurrent time extension for Design Review 90-050. o That a public hearing was duly called, noticed and held for the time extension request on March 28, 1994 by the Plar~ning Commission. C . A Negative Declaration was approved on March 22, 1993, in conformance with the California Environmental ~zality Act (CEQA). No additional environmental dccumentation is required. D o An extension of time is needed as a result of difficulties in obtaining financing for the project. ATTACHMENT B 10 11 12 13 14 15 16 17 18 19 2O 21 22 23 24 25 26 27 28 Resolution No. 3244 Page 2 II. The Planning Commission hereby approves an eighteen (18~ month extension of time to the expiration date for Conditional Use Permit 92-038, subject to the fol-~winc conditions. 1) Condition No. 1.3 of Planning Commission Resoiusion No. 3132 is modified to read as follows:° "(1) 1.3 The Conditional Use Permit approval shal- become null and void unless all buil~inc permits are issued b~ September 1, 1995 and substantial construction is underway." 2) Ail other conditions of Resolution No. -!32, originally approving the project, shall remazn in full force and effect. III. The Planning Commission hereby recommends to the Imstin Community Redevelopment Agency approval of a modific55ion to Condition of Approval No. 1.3 of Planning Commission Resolution No. 3133 allowing a extension of time to .Design Review 90-050 to run concurrent with Conditzonai Use Permit 90-038, subject to the following conditzons: 1) Condition No. 1.3 of Planning Commission Reso!u5ion No. 3133 is modified to read as follows. "(1) 1.3 The Design Review approval shall ~ecome null and void unless all building permits are issued by September 1, 199~ and substantial construction is underwa-o-." - 2) Ail other conditions of Resolution No. 2133, originally approving the project, shall rema-n in full force and effect. PASSED AND ADOPTED at a regular Planning Commission meeting on the 28th day of March, 1994. KATHY WEIL Chairperson BARBARA REYES Recording Secretary 10 11 12 13 14 15 1G 17 18 19 2O 21 22 23 24 25 26 27 28 Resolution No. 3244 Page 3 STATE OF CALIFORNIA ) COUNTY OF ORANGE ) CITY OF TUSTIN ) I, BARBARA REYES, the undersigned, hereby certify that I am the Recording Secretary of the Planning Commission 6f the City of Tustin, California; that Resolution No. 3244 was duly passed and adopted at a regular meeting of the Tustin Planning Commission, held on tke 28th day of March, 1994. BARBARA REYES Recording Secretary JL:br o - oo o. Ii -4' II 1 RESOLUTION NO. RDA 94-3 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 A RESOLUTION OF THE TUSTIN COMMUNITY REDEVELOPMENT AGENCY OF THE CITY OF TUSTIN, CALIFORNIA, APPROVING A MODIFICATION TO CONDITION NO. 1.3 OF PLANNING COMMISSION RESOLUTION NO. 3133 ALLOWING AN EXTENSION OF TIME TO DESIGN REVIEW 92-050 TO RUN CONCURRENT WITH THE EXPIRATION OF CONDITIONAL USE PERMIT 92-038 THROUGH SEPTEMBER 1, 1995, FOR THE PROPERTY LOCA?ED AT THE SOUTHERLY SIDE OF EL · CAMINO REAL APPROXIMATELY 450 FEET EAST TO NEWPORT AVENUE, TUSTIN, CA. The Tustin Community Redevelopment Agency does hereby resolve as follows: I · The Redevelopment Agency finds and determines as follows: A· A proper application was submitted to the Redevelopment Agency on behalf of Mr. L. Vincent Mayell of Frontrunner Homes requesting modification of Condition of Approval No. 1.3 of Planning Commission Resolution No. 3133 to allow a time extension for Design Review 90- 050 to run concurrent with the expiration of Conditional Use Permit 92-038 through September 1, 1995. Be A Negative Declaration was approved on March 22, 1993, in conformance'with the California Environmental Quality Act (CEQA). No additional environmental documentation is required. Ce An extension of time is needed as a result of difficulties in obtaining financing for the project. II. The Tustin Community Redevelopment Agency hereby approves a modification to Condition of Approval No. 1.3 of Planning Commission Resolution No. 3133 allowing an extension of time to Design Review 90- 050 to run concurrent with the expiration of Conditional Use Permit 90-038, through September 1, 1995, subject to all conditions contained in Planning Commission Resolution No. 3244 incorporated herein by reference. 10 Resolution No. RDA 94-3 Page 2 PASSED AND ADOPTED by the Redevelopment Agency of the City of Tustin at a regular meeting held on the 4th day of April, 1994. JIM POTTS Redevelopment Chairperson MARY WYNN, City Clerk 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 STATE OF CALIFORNIA ) COUNTY OF ORANGE ) SS CITY OF TUSTIN ) · CERTIFICATION FOR RDA RESOLUTION NO. 94-2 MARY E. WYNN, City Clerk and ex-officio Clerk of the City Council of the City of Tustin, California, does hereby certify that the whole 'number of the nembers of the Redevelopment Agency of the City of Tustin is five; that the above and foregoing RDA Resolution No. 94-3 was duly and regularly introduced, passed and adopted at a regular meeting of the Redevelopment Agency held on the 4th day of April, 1994, by the following vote: COUNCILMEMBER AYES: COUNCILMEMBER NOES: COUNCILMEMBER ABSTAINED: COUNCILMEMBER ABSENT: Mary E. Wynn, City Clerk 28