HomeMy WebLinkAboutPC RES 3767 I
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RESOLUTION NO. 3767
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF
TUSTIN DENYING CONDITIONAL USE PERMIT 00-031 FOR THE
ESTABLISHMENT OF A SMOG TESTING FACILITY WITHIN A 2,000
SQUARE FOOT TENANT SPACE WITHIN THE PLANNED COMMUNITY
INDUSTRIAL CENTER LOCATED AT 621 SOUTH "B" STREET, SUITE
The Planning Commission does hereby resolve as follows:
I. The Planning Commission finds and determines as follows:
That a proper application for Conditional Use Permit 00-031 was filed by
Frank Malik requesting authorization to establish a smog testing facility
located at 621 South "B" Street, Suite AA, for the purpose of testing
vehicles for compliance with state mandated regulations required for the
registering of vehicles with the Department of Motor Vehicles.
That a public hearing was duly called, noticed and held on said application
on January 22, 2001, and continued to February 12, 2001, by the Planning
Commission.
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That the establishment, maintenance and operation of the proposed smog
testing facility will, under the circumstances o,f 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, or be
injurious or detrimental to the property and improvements in the
neighborhood of the subject property, or to the general welfare of the City of
Tustin in that:
Pursuant to Tustin City Code Section 9241 (c)(h) a total of thirty-four
(34) parking spaces would need to be provided for the proposed and
existing uses. Sufficient parking is not available as only thirty (30)
parking spaces are existing which is inconsistent with the information
provided by the applicant that indicated thirty-four (34) parking
spaces were existing.
It is not feasible for the parking lot to be reconfigured to
accommodate thirty-four (34) parking spaces due to the space
constraints of the site and sufficient parking required by the Tustin
City Code could not be provided for the existing and proposed
uses.
Resolution 3767
CUP 00-031
Page 2
The proposed use would not comply with the City's adopted Auto
Service Guidelines for auto service facilities in that sufficient parking
could not be accommodated on the site.
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II.
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The Commission finds that the proposed use will impair the orderly and
harmonious development of the area, the present or future development
therein, or the occupancy as a whole.
This project is not subject to the requirements of the California
Environmental Quality Act (CEQA) pursuant to Section 15270 of Title 14,
Chapter 3 of the California Code of Regulations (Guidelines for the
Environmental Quality Act) which states that CEQA does not apply to
projects rejected or disapproved by a public agency.
The Planning Commission hereby denies, without prejudice, Conditional Use
Permit 00-031 to establish a smog testing facility within a 2,000 square foot tenant
space located at 621 S. "B' Street, Suite AA.
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PASSED AND ADOPTED by the Planning Commission of the City of Tustin, at a regular
meeting on the 12th day of February 2001.
ELIZABETH A. BINSACK
Planning Commission Secretary
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STATEOF CALIFORNIA )
COUNTY OF ORANGE )
CITY OF TUSTIN )
I, ELIZABETH A. BINSACK, the undersigned, hereby certify that I am the Planning
Commission Secretary of the Planning Commission of the City of Tustin, California; that
Resolution No. 3767 was duly passed and adopted at a regular meeting of the Tustin
Planning Commission, held on the 12t~ day of February, 2001.
ELIZABETH a. BINSACK
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Planning Commission Secretary