HomeMy WebLinkAboutCC RES 98-081 RESOLUTION NO. 98-81
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3 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TUSTIN
REVOKING CONDITIONAL USE PERMIT 92-014 WHICH AUTHORIZED
4 A 340 SQUARE FOOT BULK VENDING RECYCLING FACILITY WITHIN
THE PARKING LOT OF THE SHOPPING PLAZA LOCATED AT 14551
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RED HILL AVENUE
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7 The City Council of the City of Tustin does hereby resolve as follows:
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A. That Conditional Use Permit 90-09 was approved by the Planning Commission on June
9 11, 1990, authorizing a 170 square foot bulk vending recycling facility in the parking lot
located at 14551 Red Hill Avenue.
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n B. That Conditional Use Permit 92-014 was approved by the Planning Commission on May'
11, 1992, mending Conditional Use Permit 90-09 to authorize a 340 square foot bulk
12 vending recycling facility in the parking lot located at 14551 Red Hill Avenue.
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C. That pursuant to Tustin City Code Section 9293c, the Planning Commission may
~4 recotmnend to the City Council that a conditional use permit be revoked.
is D. That a public hearing was held by the Planning Commission on July 27, 1998, and by the
~6 City Council on September 8, 1998.
~7 E. That the facility operator has operated the facility in violation of the conditions of
~s approval. of Resolution 3030-A which authorized Conditional Use Permit 92-014 as
follows:
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1. Condition 2.2 states, "The precise location and number of bins shall be limited
20 to that shown on the approved plans and shall be located such that the drive
2~ aisle and adjacent parking spaces are not obstructed when the facility is in
operation or closed for business." On a number of occasions, a number of
22 receptacles, chairs, card table, an umbrella, and tools have been observed
outside the bins within the pa~king area.
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24 2. Condition 2.3 states, "It shall be the operators responsibility to ensure that
customers park in designated parking spaces while using the facility. Parking,
25 unloading or stopping in.the drive aisle is prohibited to ensure that pedestrian
26 and vehicular circulation is not affected." On a number of occasions, vehicles
have been observed stopping and parking within the drive aisles thereby
27 obstructing through traffic.
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City Council Resolution No. 98-81
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s 3. Condition 2.4 states, "All materials shall be stored within the 'container. It shall
be the operator's responsibility to ensure that no materials of any kind are
6 stored outside at any time, including when the facility is closed for business.
The immediate vicinity shall be maintained free of liter, pests, vermin and any
7 other undesirable materials at all times." On a number of occasions, several
8 receptacles have been observed outside the bins With materials in and around
them on the ground.
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4. Condition 2.5 states, "The operation shall be open for business, at minimum,
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seven days a week, 12:30 p.m. to 6:30 p.m. from April 15 through October 15
~ and 10:30 a.m. to 4:30 p.m. October 15 through April 15. No reduction to
these operating hours may occur without approval of an amendment to this
~2 CLIP. Hours may be expanded with prior specific approval in writing by the
~3 Community Development Department, without amendment to this CLIP,
provided the hours do not exceed those identified in City Code Section
~4 9232(b)(v)(12)." On a number of occasions, the facility has been observed to
be closed during periods in which the facility is required to be open for
~s business.
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F. That continuance of the use would be detrimental to the health, safety, and general
~7 welfare of persons patronizing the shopping plaza in that materials are frequently stored
~8 outside the bins and create an unsightly appearance which detracts from a quality
environment.
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G. That continuance of the use would be injurious or detrimental to property and
20 improvements in the neighborhood in that cars frequently block parking aisles and
2~ impede the approved circulation pattem for the existing development within the
shopping plaza.
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H. That continuance of the use would require undue expenditures of City resources for the
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purposes of monitoring the facility and enforcing applicable conditions of approval.
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I. That this project is categorically exempt (Class 21) pursuant to Section 15321 of the
2s California Environmental Quality Act.
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City Council Resolution No. 98r81
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II. The City Council hereby revokes Conditional Use Permit 92-014 which authorized a bulk
4 vending recycling facility in the parking lot of 14551 Red Hill Avenue and requires the facility
and related equipment to be removed and the site to be restored to its original condition within
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ten (10) days of City Council action.
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7 PASSED AND ADOPTED at a regular meeting of the Tustin City Council, held on the 8th day
s of September, 1998.
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~ THOMAS R. SAJ/,,'~A_R~LLI '
MAYOR
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PAIMELA STOKER
CITY CLERK
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~7 STATE OF CALIFORNIA )
COUNTY OF ORANGE ) SS
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CITY OF TUSTIN )
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I, Pamela Stoker, City Clerk and ex-officio Clerk of the City Council of the City of Tustin,
20 California, do hereby certify that the whole number of the members of the City Council of the
22 City of Tustin iS' five; that the above and foregoing Resolution No. 98-81 was duly passed and
adopted at a regular meeting of the Tustin City Council, held on the 8th day of September, 1998,
22 bythe following vote:
23 COUNCILMEMBERAYES: SALTARELLI, WORLEY, DOYLE, POTTS
24 COUNCILMEMBER NOES: NONE
COUNCILMEMBER ABSTAINED: NONE
2s COUNCILMEMBER ABSENT: THOE/kS
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' P.AMELA STOKER
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:. CITY CLERK
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