Loading...
HomeMy WebLinkAbout02 CUP 10-008ITEM #2 TUSTIN Report to the Planning Commission DATE: SUBJECT: APPLICANTI PROPERTY OWNER: LOCATION: GENERAL PLAN: ZONING: ENVIRONMENTAL STATUS: REQUEST: OCTOBER 12, 2010 CONDITIONAL USE PERMIT CUP 10-008 VESTAR/KIMCO TUSTIN, L.P. VESTAR DEVELOPMENT COMPANY 7575 CARSON BLVD LONG BEACH, CA 90808 2437 PARK AVENUE MCAS TUSTIN SPECIFIC PLAN SP-1 - MCAS TUSTIN SPECIFIC PLAN DISTRICT NEIGHBORHOOD F PLANNING AREA 19 -COMMERCIAL THIS PROJECT IS CATEGORICALLY EXEMPT PURSUANT TO SECTION 15304 (CLASS 4) OF THE CALIFORNIA ENVIRONMENTAL QUALITY ACT A REQUEST TO OPERATE A CERTIFIED FARMERS' MARKET ON SUNDAYS IN THE PARKING LOT OF THE DISTRICT SHOPPING CENTER AT TUSTIN LEGACY. CUP 10-008 October 12, 2010 Page 2 RECOMMENDATION That the Planning Commission adopt Resolution No. 4160 approving Conditional Use Permit 10-008 and authorizing the operation a Certified Farmers' Market on Sundays within the parking lot of the District shopping center. BACKGROUND Location A Certified Farmers' Market is proposed in the District shopping center at Tustin Legacy, located at the northwest corner of the intersection of Jamboree Road and Barranca Parkway on the former Marine Corps Air Station (MCAS) Tustin. The District shopping center comprises over a million square feet of retail and restaurant commercial uses. The proposed Certified Farmers' Market would be held within the parking lot area adjacent the valet parking drop off and the JT Schmidt's restaurant tenant. This location is next to the pedestrian oriented Lifestyle Center. `' F, ~ Farmers' Market rte. -_ ~,~ _=~ r-~:+-t __ ~~"'! , is ! i ~,•w9 ,~' ti . of - ,,, ~\ ~ J. 1~i._ tie`s; lF alF ~ 1( I t ~;, ,, ~!! _ _ jy \k~ ~ ~~~ ~ ~~ `~ y k ~~ , ~ da ' ~ ~ ' / ~ ~ f ' _~rv m~ ~ J ~,t , l w _~ } : ~~`.., \~~1.' I \. ~ ~W{".~•SilwN1~ ~• r,i//~,' ~ ~ ~~v, .,~ r^ f1-,~~~j'1~ Surrounding Properties The District at Tustin Legacy is zoned as Specific Plan 1 (SP-1) MCAS Tustin Specific Plan and comprises Planning Areas 16, 17, and 19 (Neighborhood F). The District is bounded by Tustin Ranch Road to the north and west, Jamboree Road to the east, and Barranca Parkway to the south. Commercial and industrial uses lie to the south and east of the project site across Jamboree Road and Barranca Parkway in the City of Irvine. Land to the north and west of the project site is also located within the MCAS CUP 10-008 October 12, 2010 Page 3 Tustin Specific Plan and is currently being planned to accommodate a wide variety of mixed uses within a community core. Conditional Use Permit Certified Farmers' Markets are not listed as permitted, conditionally permitted, or prohibited uses within Planning Areas 16, 17, and 19 (the District) of the MCAS Tustin Specific Plan. Pursuant to Section 3.8.2C of the MCAS Tustin Specific Plan, unlisted uses are subject to a determination by the Community Development Director as either permitted, conditionally permitted, or prohibited uses. Outdoor markets and outdoor sales establishments are conditionally permitted uses within commercially zoned districts elsewhere within the City. The existing Certified Farmers' Market within the City is conditionally approved. Based on similar uses in commercial areas within the City, the Community Development Director determined on June 4, 2010, that Certified Farmers' Markets are to be listed as conditionally permitted uses within Planning Areas 16, 17, and 19 of the MCAS Tustin Specific Plan. Pursuant to Tustin City Code Section 9291, the Planning Commission has the authority for reviewing and approving, conditionally approving, or denying conditional use permits. Public Noficing A public hearing notice identifying the time, date, and location of the public hearing for the proposal was published in the Tustin News on September 30, 2010. Property owners within 300 feet of the site were notified of the hearing by mail; a hearing sign was posted on the site and at City Hall on September 30, 2010. In addition to required notification of property owners, all tenants within the District shopping center were sent a notice of the public hearing. The applicant was informed of the availability of the agenda and staff report for this item. Information regarding the item and hearing date is also posted on the City of Tustin website. DISCUSSION Certified Farmers' Market The property owner, Vestar/Kimco Tustin LP., is requesting to operate a Certified Farmers' Market that would be operated in accordance with the Orange County Farm Bureau and Orange County Health Care Agency Guidelines. Vendors would sell new items such as fresh grown fruits, vegetables, and flowers. In addition restaurants located within the District shopping center would also be allowed to participate in the market. Through careful site selection which took into account safety and circulation concerns, various agencies' requirements, and marketing analysis, the location of the Certified Farmers' Market was chosen. The market location is in the parking lot to the west of the Lifestyle pedestrian center and adjacent to the valet parking drop off area and JT Schmidt's restaurant tenant. CUP 10-008 October 12, 2010 Page 4 ~ii~1~1~4J :~~- ~. ~-- MARKET LAYOUT LEGEND ~\ J ° BARRICADE UNE ~ ~ ~ ~ M ~ I ~ I ~ ~ ~ -_. _ Q MARKET SlANU it --- 1 ~ \ ~ ° MARKET ~ifHICLE 1 .1 A ~ i ._~~ I~, ~I I ~~ ~ ~, I ,~ ~ I ~ ,~ ~ _ ~ I STAGE STAGE DIMENSIUNS U l l l l l l i l l l l l l l l l l l l l l l l l l l l l l l l l l l.~.L~.I:~.L ~ :~ ; ~, ~, ~ ° I_ U I C I I I I I ~ I ~~I I C I I 11 I ~ I I I~~~ ~~ ,.;\ .... . Parking and Hours of Operation Parking for the Certified Farmers' Market would occur within the private parking area of the District shopping center. The size of the parking area at the shopping center can reasonably accommodate the proposed market and traffic it would generate. In addition the proposed Certified Farmers' Market would only occur on Sundays and is not anticipated to cause parking or circulation. However, staff has proposed Condition No. 2.18 which would require the applicant to mitigate any unforeseen nuisances caused by the proposed Certified Farmers' Market. The proposed hours of operation for the Certified Farmers' Market would be from 9:00 a.m. to 1:00 p.m. on Sundays. Pursuant to proposed Condition No. 2.4, any modification to the hours of operation or days of operation would need to be reviewed and approved by the Community Development Director. Temporary Use Permit The Certifiied Farmers' Market at the District has been operating under a Temporary Use Permit since August 2010. The market currently operates in the same location and days as proposed in this application. This has given the property owners as well as the Orange County Farm Bureau Market Manager an opportunity to assess and perfect market operations and logistics. No complaints regarding the temporary Certified Farmers' Market have been received by the City. Currently the Certified Farmers' Market operates from 9:00 a.m. until 12:00 p.m., however, there have been requests from growers and the public to stay open later. Accordingly the applicant proposes a change to operate an hour later until 1:00 p.m. CUP 10-008 October 12, 2010 Page 5 Redevelopment Agency and Police Department The project site is located within a Redevelopment project area and the City of Tustin Redevelopment Agency has reviewed and approved the proposed use. The Agency has determined that the proposed use would be consistent with the Disposition and Development Agreement, Declaration of Conditions, Covenants and Restrictions, and the MCAS Redevelopment Plan. The Agency identifiied concerns regarding the proposed location of the Certified Farmers' Market and suggested it would be better located away from the Lifestyle Center and further into the parking area. Due to the required distancing from available restroom facilities the market location cannot be changed. The current lacation meets the 200 foot maximum distance requirement of the Orange County Health Care Agency from restroom facilities to serve the Certified Farmers' Market. The applicant also did considerable planning to ensure that the proposed location is the best location for the market. The City of Tustin Police Department reviewed the application and has no concerns regarding the proposed use. FINDINGS In determining whether to approve the Conditional Use Permit for the proposed Certified Farmers' Market at the District, the Planning Commission must determine whether or not the proposed use will be detrimental to the health, safety, morals, comfort, and general welfare of the persons residing in or working in the neighborhood or whether it will be injurious or detrimental to property or improvements in the vicinity or to the welfare of the City. A decision to approve this request as conditioned may be supported by the following findings: 1. The proposed Certified Farmers' Market would sell new items, such as fresh grown fruits and vegetables, flowers, and food from restaurants located at the District in accordance with the Orange County Farm Bureau and Orange County Health Care Agency Guidelines. 2. The Disposition and Development Agreement between the City of Tustin and Vestar allows for the use of a Certified Farmers' Market. CUP 10-008 October 12, 2010 Page 6 3. On June 4, 2010, the Director of Community Development determined that a Certified Farmers' Market at the subject location requires approval of a conditional use permit. 4. The Certified Farmers' Market has been operating with a Temporary Use Permit and no problems or complaints were received from the public or tenants within the District shopping center. 5. The market would occur on Sunday mornings for limited hours and would offer persons residing and working in the area the service of local fresh grown produce. 6. The proposed Certified Farmers' Market would not conflict with the existing farmers' market held on Wednesdays in Old Town Tustin. 7. The parking area of the District shopping center can reasonably accommodate the proposed Certified Farmers' Market. No noise impacts are anticipated as there are no existing or planned residential uses within the immediate vicinity of the project site. The implementation/application of the proposed conditions would ensure compatibility of the proposed Certified Farmers' Market with the surrounding uses and the Tustin City Code. Staff recommends that that the Planning Commission adopt Resolution No. 4160 approving Conditional Use Permit 10-008 to operate a Certified Farmers' Market on Sundays at the District shopping center at Tustin Legacy. Rya 'wiontek Elizabeth A. Binsack Associate Planner Community Development Director Attachments: A. Location Map B Land Use Fact Sheet C. MCAS Tustin Site Plan D. Submitted Plans E. Resolution No. 4160 ATTACHMENT A LOCATION MAP ~~ _uCATIfJN MAP TUSTIN CITY MAP Project No. CUP 10-008 Address: The District 2437 Park Avenue Tustin, CA 92780 PA 8 eorM.cron. c.~..~ p~nNnp ^nM PA 13 PA 16 CONIAAE~iC1AL BUSINESS 300' '~ `~ PA 19 500' coMr+~eaclA~ 14 ~ ~wr~Rn .~~ -- Yartrla~ PYkwy - ~~~~~~ paW i~Y~M011on~ ATTACHMENT B LAND USE FACT SHEET LAND USE APPLICATION FACT SHEET 1. LAND USE APPLICATION NUMBERS}: CONDITIONAL USE PERMIT (CUP) 10-008 2. LOCATION: THE DISTRICT C TUSTIN LEGACY 3. ADDRESS: 2437 PARK AVE. 4. TRACT: 16695 5. APN: 434-441-17 6. PREVIOUS OR CONCURRENT APPLICATIONS RELATING TO THIS PROPERTY: DDA 04-002, CP 04-001, DR 04-010, VAR 04-002, CUP 04-015, CUP 07-010 7. SURROUNDING LAND USES: NORTH: VACANT (HANGAR). SOUTH: COMMERCIAL -INDUSTRIAL WEST: VACANT EAST: INDUSTRIAL 8. SURROUNDING ZONING DESIGNATION: NORTH: MCAS TUSTIN SPECIFIC PLAN (SP-1) WEST: MCAS TUSTIN SPECIFIC PLAN (SP-1 } 9. SURROUNDING GENERAL PLAN DESIGNATION: NORTH: MCAS TUSTIN SPECIFIC PLAN WEST: MCAS TUSTIN SPECIFIC PLAN SOUTH: CITY OF IRVINE EAST: CITY OF IRVINE SOUTH: CITY OF IRVINE EAST: CITY OF IRVINE 10. SITE LAND USE: A. EXISTING: SHOPPNG CENTER (COMMERCIAL) PROPOSED: SAME B. GENERAL PLAN: MCAS TUSTIN SPECIFIC PLAN PROPOSED: SAME C. ZONING: MCAS TUSTIN SPECIFIC PLAN (SP-1) PROPOSED: SAME DEVELOPMENT FACTS: NO CHANGE TO EXISTING DEVELOPMENT 11. LOT AREA: 111.77 GROSS ACRES 12. RETAIL AREA: 1,045,619 SQUARE FEET 13. PARKING: SHARED PARKING ANALYSIS ATTACHMENT C MCAS TUSTIN SITE PLAN C O .~ 0 C A W ~~ -• x w ~ ~ ~s n u e a ~ o ~ ~. ~ ~ ~ ~ ~ - _ ~ ~ e ~ Y o ~ ~ ~ ~ s Q :~ ~; T C t, ~ ~"' ~ W r Z3 rQ ~ i R c ~ figg' ~ ~? $ ~ 3 a ~" ,,.s F l~ ~ ~ b oyp ?~ ` ?. W ~ a = ~,~ ~,ocr F W O: ~ ~ ^Z V v ryas ~ ~ ~ f ~~ 'C _u 4 p Q ~ 1~ ~ v ~ ~ ~ .1'z/ ` F j Q O~ V dp A p ~~ ~ a ~ ~ ~ ~ w ~ ~ n ~ ~ ~ ~p cti OC;N1 OfUil ~ w ~ a ` ~ 0 1d<~ g ~ g -~ O x _ Y~ ~ ~ ~ O 2 ~ o ~ 11-- V ~ r U ~- a ~ ~' s~ A< v e a 3 ~ ~ W~ W C U F p~ Y Z Z N ~ ~ 4~ Q u n~-~i od ~ ~ ~~ ~ w G[ W 6 0 d C 0 0 dC W~~,1 W J .1 V ~ d ~ Oap g a" ^~- c E w`~ }x Ql .'i ~-' K~ U U S U w U 7 Z ft W W ~ ~ ~ ~ 3 K N a a ~~ ~ ~ e N L6MMU y a H .~ H a N ~-~~ ~~~ r w ~~~ ~~~ -.~v .5 ~~~ ATTACHMENT D SUBMITTED PLANS A ~' ~~~ O,~ I i I l I l I ~~ Q ~ i 11 I I \ /' _ - SHOIS B i ~ .~ ~ .x ~J OFFICE ,l; DEPOT II- ,_, i 4,~;', ~ °"° TARGET,. °1 ~, O ,\ ' ~ , l f / / ~~ ~ \ .. I~ /~\ i // , ~ ~ i= _ PETSMART ~ ~ ~~ ,, ~- ~; __ - i ~ ~ I I it ~II'i II III lid ._<~.~ ~ ~ ,r, I I i l i T .I I I T III ~I I !~ I I ~ I~ I ~~' ~~' L_'_IL' I_I I I I_I l I_~-L-I- - ILI_I I I I I IJ11 I_LI1~Ll ~~„I ~ _ I I I I I I ~ '~I _~ I I I I 7 ~ i ARMED FORCES RESERVE CENTER GRAPHIC SCALE n zo »o ea ifieH ao '~~~ (-/. ~~,f ~' ~ - __ ~\ " . , ~~ Imo' 'I ~- U n r, 4 ~~0 ;LI q •~ n U C1 D ~~ n ° rJ '~~ ~ "~ - i i i i i I~;,.l i I ,,; _ ` l ~;-~ I III I ~ II (~ I .l _ ` ` ~ '-' MARKET LAYOUT LEGEND JI o W I o BARRICADE LINE - ~ d I ^ MARKET STAND _ ~ _ - ' ~ r' MARKS] ~EHICiE ~Il~ra o+lo w~ro'll,~ r~m~iu I I~rb' o+rof ~-~ I ~ STALE 2J' 7fY-~ I ~ ' 70' !0 !0' rU' 10' !0' W x 30' f0', ,Ai' 10'x10' !0' x .b' ~~ I _~ ~I ~~~~ ~ ~~ ~ STAGE DIMENSIONS I ill ~_~I - - '~T'~ (i i'LT I i~ I I _: T I I i ~'~"1 -I T Y ~, ~, ~ I I L' Li l' .LIB ... J M !(t _ - d 1 II III ~N~= ~~ J 7 ~1 I 'r ~, I I ~I ~~ I III I I I I„ IIII ~ STORAGE 5~~J1VErGF;'~~ ;TATBvSvI iH. Mai A(PNEE'Jin ^A.AiPirt. rMo-VE By ME Oe' UNJEA My VIFE~:°a f.~ ~ FIiVPV~9 MnHVti I,a YVIti pE1EAMll~ff] 8~ xNV Ar iF&: uEJ1lE4i f: kN JASXAS UI WSIO~' ~!V^FCq~ IAII:aFLIMI r~~'nn~~ii ~' Mx~x i.~ ,,i IiATc U 0 L a °;' N ~ ~~ ,., > N UJ ~ Q rn Q Y 0 O ~ ~U a to L ~L {~ .~~ ^` vf~ N W ~~~ L N a~ ~f 0 v N o r~ i~ m ~ ~~ ~~~~~ a~~ _~~ a »~ ~r G u N ~ c ~' a~ ~ o a U~ ~ N ~ ~ m ~ , , (J v1"y o x N ] p L p ~~~ N cn ~ a ~ ~ ~ w ~ w ~ ~ ~ W II = VI In ATTACHMENT E RESOLUTION N0.4160 RESOLUTION NO. 4160 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF TUSTIN, APPROVING CONDITIONAL USE PERMIT 10-008 AUTHORIZING THE ESTABLISHMENT OF A CERTIFIED FARMERS' MARKET IN THE DISTRICT SHOPPING CENTER AT TUSTIN LEGACY. The Planning Commission does hereby resolve as follows: The Planning Commission finds and determines as follows: A. That a proper application, Conditional Use Permit 10-008, was filed by Vestar Development Company/Kimco Tustin L.P. requesting authorization to establish and operate a Certified Farmers' Market in the District shopping center at Tustin Legacy. B. That the MCAS Tustin Specific Plan zoning designation and General Plan land use designation provide for a variety of commercial and entertainment uses. In addition, the project has been reviewed for consistency with the Air Quality Sub-element of the City of Tustin General Plan and has been determined to be consistent with the Air Quality Sub-element. C. That the Community Development Director determined on June 4, 2010, that Certified Farmers' Markets are to be listed as conditionally permitted uses within Planning Areas 16, 17, and 19 of the MCAS Tustin Specific Plan. D. That a public hearing was duly called, noticed, and held for said application on October 12, 2010, by the Planning Commission. E. That the establishment, maintenance, and operation of the proposed use will not, under the circumstances of this case, be detrimental to the health, safety, morals, comfort, or general welfare of the persons residing or working in the neighborhood, nor 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: The proposed Certified Farmers' Market would sell new items, such as fresh grown fruits and vegetables, flowers, and food from restaurants located at the District in accordance with the Orange County Farm Bureau and Orange County Health Care Agency Guidelines. 2. The Disposition and Development Agreement between the City of Tustin and Vestar allows for the use of a Certified Farmers' Market. Resolution No. 4160 Page 2 3. The Certified Farmers' Market has been operating with a Temporary Use Permit and no problems or complaints were received from the public or tenants within the District shopping center. 4. The market would occur on Sunday mornings for limited hours and would offer persons residing and working in the area the service of local fresh grown produce. 5. The proposed Certified Farmers' Market would not conflict with the existing farmers' market held on Wednesdays in Old Town Tustin. 6. The parking area of the District shopping center can reasonably accommodate the proposed Certified Farmers' Market. 7. No noise impacts are anticipated as there are no existing or planned residential uses within the immediate vicinity of the project site. 8. The implementation/application of the proposed conditions would ensure compatibility of the proposed Certified Farmers' Market with the surrounding uses and the Tustin City Code. F. This project is Categorically Exempt pursuant to Section 15304, Class 4 of the California Code of Regulations (Guidelines for the California Environmental Quality Act). II. The Planning Commission hereby approves Conditional Use Permit 10-008 authorizing the establishment and operation ofi a Certified Farmers' Market in the District shopping center at Tustin Legacy, subject to the conditions contained within Exhibit A attached hereto. PASSED AND ADOPTED by the Planning Commission of the City of Tustin at a regular meeting on the 12th day of October, 2010. JEFF R. THOMPSON Chairperson Pro Tem ELIZABETH A. BINSACK Planning Commission Secretary Resolution No. 4160 Page 3 STATE OF CALIFORNIA COUNTY OF ORANGE CITY OF TUSTIN I, Elizabeth A. Binsack, the undersigned, hereby certify that I am the Planning Commission Secretary of the City of Tustin, California; that Resolution No. 4160 was duly passed and adopted at a regular meeting of the Tustin Planning Commission, held on the 12th day of October, 2010. ELIZABETH A. BINSACK Planning Commission Secretary EXHIBIT A RESOLUTION N0.4160 CONDITIONAL USE PERMIT 10-008 CONDITIONS OF APPROVAL GENERAL (1) 1.1 The proposed project shall substantially conform with the submitted plans for the project date stamped October 12, 2010, on file with the Community Development Department, as herein modified, or as modified by the Director of Community Development in accordance with this Exhibit. The Director of Community Development may also approve subsequent minor modifications to plans during plan check if such modifications are consistent with provisions of the Tustin City Code. (1) 1.2 This approval shall become null and void unless the use is established within twelve (12) months of the date of this Exhibit. Time extensions may be granted if a written request is received by the Community Development Department within thirty (30) days prior to expiration. (1) 1.3 All conditions in this Exhibit shall be complied with subject to review and approval by the Community Development Department. (1) 1.4 Approval of Conditional Use Permit 10-008 is contingent upon the applicant and property owner signing and returning to the Community Development Department a notarized "Agreement to Conditions Imposed" form and the property owner signing and recording with the County Clerk-Recorder a notarized "Notice of Discretionary Permit Approval and Conditions of Approval" form. The forms shall be established by the Director of Community Development, and evidence of recordation shall be provided to the Community Development Department. (1) 1.5 Any violation of any of the conditions imposed is subject to the issuance of an Administrative Citation pursuant to Tustin City Code Section 1162(a). (1) 1.6 The applicant shall be responsible for costs associated with any necessary code enforcement action, including attorney fees, subject to the applicable notice, hearing, and appeal process as established by the City Council by ordinance. SOURCE CODES (1) STANDARD CONDITION (5) (2) CEQA MITIGATION (6) (3) UNIFORM BUILDING CODElS (7) (4) DESIGN REVIEW *** RESPONSIBLE AGENCY REQUIREMENT LANDSCAPING GUIDELINES PC/CC POLICY EXCEPTION Exhibit A Resolution No. 4160 Page 2 (1) 1.7 As a condition of approval of Conditional Use Permit 10-008, the applicant shall agree, at its sole cost and expense, to defend, indemnify, and hold harmless the City, its officers, employees, agents, and consultants, from any claim, action, or proceeding brought by a third party against the City, its officers, agents, and employees, which seeks to attack, set aside, challenge, void, or annul an approval of the City Council, the Planning Commission, or any other decision-making body, including staff, concerning this project. The City agrees to promptly notify the applicant of any such claim or action filed against the City and to fully cooperate in the defense of any such action. The City may, at its sole cost and expense, elect to participate in defense of any such action under this condition. (1) 1.8 Conditional Use Permit 10-008 may be reviewed annually or more often, if deemed necessary by the Gommunity Development Department, to ensure compatibility with the area and compliance with the conditions contained herein. If the use is not operated in accordance with conditions of approval included in this Exhibit, or is found to be a nuisance or negative impacts are affecting the surrounding tenants or neighborhood, the Community Development Director may impose additional conditions to eliminate the nuisance or negative impacts, or may initiate proceedings to revoke the Conditional Use Permit. USE RESTRICTIONS (1) 2.1 Fire and Police access and passage shall be permitted at all times. Access and passage for disabled persons or emergency response vehicles shall be provided at all times. Any parking stalls designated for disabled persons that will be blocked as a result of the Certified Farmers' Market shall be relocated elsewhere on-site subject to the review and approval of the Community Development Department. (1) 2.2 No outdoor storage shall be permitted except as approved by the Tustin Community Development Director. (1) 2.3 The applicant shall obtain all necessary permits/approvals from the Orange County Health Care Agency and the Orange County Farm Bureau. (1) 2.4 The Certified Farmers' Market may operate every Sunday during the hours of 9:00 a.m. to 1:00 p.m. Setup for the market shall not commence before 7:00 a.m. the day of the market and the area shall be restored to its condition prior to the market no later than 4:00 p.m. the day of the market. Any modification to the hours of operation or to the days of operation shall be submitted to the Director of Community Development for review and approval. (1) 2.5 All activities related to the Certified Farmers' Market shall comply with the Tustin Noise Ordinance. Exhibit A Resolution No. 4160 Page 3 (1) 2.6 Restroom facilities within 200 feet of the certified farmers' market shall be provided to the public at all times during operation of the Certified Farmers' Market. (1) 2.7' The applicant shall provide traffic control to facilitate the Certified Farmers' Market and ensure that controlled access to the site is maintained. Areas not designated on the site plan for the Certified Farmers' Market shall remain free and clear of standing, sitting, or lingering individuals, or as directed by the Tustin Police Department. Public streets and sidewalks shall remain unobstructed at all times in accordance with Tustin City Code Section 3245. (1) 2.8 The applicant shall provide adequate private security guards to facilitate the Certified Farmers' Market (1) 2.9 The Certified Farmers' Market shall be operated and maintained in a safe, clean and sanitary condition at all times. All trash, litter and debris from the Certified Farmers' Market shall be cleared from the site immediately after the outdoor Certified Farmers' Market market hours. (1) 2.10 All businesses that will be operating within the City of Tustin in conjunction with the Certified Farmers' Market, including vendors, event setup and clearing, shall be required to obtain a valid City of Tustin Business License. (1) 2.11 Any temporary signs or banners associated with the Certified Farmers' Market shall comply with the District Master Sign Plan and shall not be placed within the public right-of-way, unless approved by the City. (1) 2.12 No alcoholic beverages shall be served, unless permits are obtained through the City of Tustin and the State Department of Alcohol and Beverages Control. (1) 2.13 If the Certified Farmers' Market requires extra planned or unplanned City services such as police, code enforcement, or public works services, the applicant shall reimburse the City for any costs associated with the planned or unplanned City services. {1) 2.14 If in the future the City's Community Development Director, Police Chief, and/or Public Works Department determine that a parking, traffic, or noise problem exists on the site or in the vicinity as a result of the facility, the Community Development Director, Police Chief, and/or Public Works Department may require that the applicant prepare a parking demand analysis, traffic study, or noise analysis and the applicant shall bear all associated costs. If said study indicates that there is inadequate parking or a traffic or noise problem, the applicant shall be required to provide mitigation measures to be reviewed and approved by the Community Development Exhibit A Resolution No. 4160 Page 4 Department, Police Chief, and/or Public Works Department. Said mitigation measures may include, but are not limited to, the following: (a) Adjust hours of operation. (b) Reduce the number of vendors. (c) Require additional on-site security personnel. (d) Provide additional parking. PUBLIC WORKS DEPARTMENT (1) 3.1 The applicant shall not alter the condition of or construct any improvements or structures within the public right-of-way without the approvals of the City's Public Works Department. (1) 3.2 The applicant shall load/unload products on site and not within the public right- of-way. The applicant will be responsible for repair of any damage to public facilities within the public right-of-way caused by the operations. ORANGE COUNTY FIRE AUTHORITY (1) 4.1 The applicant shall submit a site plan of the proposed Certified Farmers' Market to the Orange County Fire Authority far site development review prior to establishing the market as a permanent use. FEES (2) 5.1 Within forty-eight (48) hours of approval of the subject project, the applicant shall deliver to the Community Development Department, a cashier's check payable to the COUNTY CLERK in the amount of fifty dollars ($50.00) to enable the City to file the appropriate environmental documentation for the project. If within such forty-eight (48) hour period that applicant has not delivered to the Community Development Department the above-noted check, the statute of limitations for any interested party to challenge the environmental determination under the provisions of the California Environmental Quality Act could be significantly lengthened.