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HomeMy WebLinkAboutPC RES 4160RESOLUTION 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: 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. 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). I1. The Planning Commission hereby approves Conditional Use Permit 10-008 authorizing the establishment and operation of 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. i J . T PS N Chairperson Pro Tem i ~ 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 modifcations 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 CODES (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 Community 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 Department, Police Chief, and/or Public Works Department. Said mitigation measures may include, but are not limited to, the following: Exhibit A Resolution No. 4160 Page 4 (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 for 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.