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HomeMy WebLinkAboutPC RES 3577! RESOLUTION NO. 3577 5 !0 il 12 13 14 15 16 17 19 20 21 22 23 24 25 26 27 28 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF TUSTIN, APPROVING CONDITIONAL USE PERMIT 98-001 AUTHORIZING THE ESTABLISHMENT OF A TEMPORARY PRODUCE STAND AND AGRICULTURAL USE AT NORTHEAST CORNER OF SIXTH AND EL CAMINO REAL (ACCESSORS PARCEL NUMBERS: 401-623-08 THRU 401-623-11) 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 98- 001 was filed by South Coast Farms (George Kibby) to request authorization to establish a produce stand with agricultural use.of the site located at northeast corner of Sixth Street and E1 Camino Real more specifically described as Assessor's Parcel Nos. 401-623-08 through 401-623-11. B o That ~he proposed temporary use is subject to Planning Commission approval as a temporary use greater than six -(6) months. C. That a public hearing was duly called, noticed and held on said application on March 9, 1998 by the Planning Commission. D~ That this project is categorically exempt (Class 4) pursuant to Section 15304 of the California Environmental Quality Act. E o That the establishment, maintenance and operation of the temporary produce stand and agricultural operation 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 of such proposed use, 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, as evidenced by the following findings: 1) The proposed use, as conditioned, will not be detrimental to surrounding properties in that the outdoor sales and agricultural use is seasonal and temporary in nature. 2) The proposed use, as conditioned, 'will not have a negative effect on surrounding properties, traffic or the availability of parking in that sufficient on-site parking will be provided and no potential traffic impacts have been identified. !0 !1 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 Resolution No. 3577 Page 2 3) The proposed organic fertilizers for agricultural operation of the site will generate some odor in the area twice a year, but will quickly disperse into the soil as applied. 4) The proposed improvements to the site will enhance the appearance of the site. F . The Commission finds that the temporary nature of the proposed site modifications will not impair the orderly and harmonious development of the area, the present or future development therein, or the occupancy as a whole. Go That 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. II. The Planning Commission hereby approves Conditional Use Permit 98-001 to establish a temporary produce stand and agricultural use on property located at southeast corner of Sixth Street and E1 Camino Real (Accessors Parcel numbers: 401-623-08 thru 401-623-11), subject to the conditions contained in Exhibit A attached hereto. PASSED AND ADOPTED by the Planning Commission of the City of Tustin, at a regular meeting on the 9th day of March, 1998. Planning Commission Secretary Chairman / 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 Planning Commission of the City of Tustin, California; that Resolution No. 3577 was duly passed and adopted at a regular meeting of the Tustin Planning Commission, held on the 9th day of March, 1998. Planning Commission Secretary EXHIBIT A CONDITIONAL USE PERMIT 98-001 CONDITIONS OF APPROVAL RESOLUTION NO. 3577 GENERAL (i) 1.1 The proposed project shall substantially conform with the submitted plans for the project date stamped March 9, 1998, on file with the Community Development Department, except 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 minor modifications to plans during plan check if such modifications are to be consistent with the provisions of the Tustin City Code. (i) 1.2 Unless otherwise specified, the conditions contained in this Exhibit shall be complied with as specified or prior to the issuance of any building permits for the project, subject to review and approval by the Community Development Department. (i) 1.3 Conditional Use Permit approval shall become null and void unless permits for the proposed project are issued within twelve (12) months of the date of this Exhibit and substantial construction is underway. Time extensions may be granted if a written request is received by the Community Development Department at least thirty (30) days prior to annual expiration. Said time extensions shall be submitted by February 1st for each subsequent year after the initial approval. (i) 1.4 Approval of Conditional Use Permit 98-001. is contingent upon the applicant and property owner signing and returning an "Agreement to Conditions Imposed" form as established by the Director of Community Development. (i) 1.5 The applicant shall hold harmless and defend the City of Tustin from all claims and liabilities arising out of a challenge of the City's approval for this project. SOURCE CODES (1) STANDARD CONDITION (2) CEQA MITIGATION (3) UNIFORM BUILDING CODE/S (4) DESIGN REVIEW ** * EXCEPTIONS (5) (6) (7) RESPONSIBLE AGENCY REQUIREMENTS LANDSCAPING GUIDELINES PC/CC POLICY Exhibi5 A Resolution No. 3577 Page 2 (1) 1.6 The temporary produce stand and the agricultural use of the site as continuation of a non-conforming use is subject to annual review by the Community Development Department. Any expansion over the area indicated on the Site Plan requires a new conditional use permit. PLAN SUBMITTAL (4) 2.1 Three (3) sets of construction and tenant improvement plans (plumbing, site improvements) shall be prepared in accordance with applicable Building and Fire Codes and submitted for review and approval by the Community Development Department. Compliance with approved plans shall be inspected by the Community Development Department during construction and prior to final inspection. USE RESTRICTIONS (6) 3.1 The operation of the facility shall comply with all requirements of the California Uniform Retail Food Facilities Law (CURFFL) as enforced by the Orange County Health Care Agency. (1) 3.2 The temporary produce stand shall be of solid construction materials and all exterior surfaces shall be painted and remain in good repair during operation. (1) 3.3 An electrical permit shall be obtained if any temporary power will be installed to light the facility. *** 3.4 The hours of operation for the produce stand are limited to 9:00 a.m. to 6:00 p.m. excluding the hours that the Farmers Market regularly operates (Wednesdays 9:00 a.m. to 1:00 p.m.) and may change from time to time. (1) 3°5 Ail signs require a permit from the Community Development Department and shall comply with the requirements of the Ci%y's Sign Code Section 9408 for Commercial Districts, which allows the area of a primary wall sign to be 15% of storefront area. (i) 3.6 Ail signs shall be professionally made'and constructed. Signs and their supporting structures shall be structurally safe, and maintained in good condition. (1) 3°7 The subject property shall be maintained in a safe, clean and sanitary condition at all times. The applicant shall Exhibit A Resolution No. 3577 Page 3 be responsible for the daily maintenance and up-keep of the facility, including but not limited to trash removal, painting, weed removal, erosion, water, and maintenance of improvements including landscaping materials to ensure that the facility is maintained in a neat 'and attractive manner. (5) 3.8 Pursuant to Tustin City Code Section 4617(g), mobile noise sources associated with agricultural operations on the site shall be limited to the hours of 7:00 a.m. and 6:00 p.m. on weekdays, including Saturdays. No operation shall take place on Sundays or City observed federal holidays. (4) 3.9 New fencing shall be installed around the perimeter of the site, with fence materials and details subject to the approval of the Community Development Department. *** 3.10 Ail inoperable materials and equipment shall be removed from the site prior to issuance of any permits to establish the use. *** 3.11 Ail farming equipment and supplies being used for the subject use shall be stored in an off-site location. *** 3.12 The applicant shall obtain a City Business License. Prior to issuance of a Business License a $500 dollar bond shall be posted with the Community Development Department to guarantee the removal of the temporary stand upon termination of the use and maintenance of the property. The bond shall be accompanied by a signed agreement which would allow the City to enter upon the premises to remove the structure if it becomes a public nuisance. *** 3.13 The temporary structure shall remain at the location specified on the Site Plan at all times and that the graveled parking area shall be regularly maintained for dust and weed control. FEES (1) 4.1 Prior to issuance of any permits, payment shall be made of all required fees, as may be in effect at the time of permit issuance, including, but not limited to: a~ Ail applicable plan check and permit fees to the Community Development Department, based on the most current schedule, as may be amended prior to permit issuance. Exhibit A Resolution No. 3577 Page 4 (1) 4.2 Within forty-eight (48) hours of approval of the subject (5) project, the applicant shall deliver to the Community Development Department, a cashier's check payable to the COUNTY CLERK in the amount of $38.00 (thirty-eight dollars) 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.