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HomeMy WebLinkAboutPC RES 3201RESOLUTION NO. 3201 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF TUSTIN, APPROVING CONDITIONAL USE PERMIT 93-034 AUTHORIZING AN OUTDOOR CERTIFIED FARMERS" MARKET ONCE A WEEK, AND APPROVING SIGN CODE EXCEPTION 93- 003, RELATED TO CERTAIN PERMITTED SIGNAGE FOR THE CERTIFIED FARMERS' MARKET TO BE LOCATED AT THE VACANT LOT LOCATED ON THE NORTH SIDE OF THIRD STREET BETWEEN EL CAMINO REAL AND PROSPECT STREET. The Planning Commission o~ the City of Tustin does hereby resolve as follows: I. The Planning Commission finds and determines as follows: ao That a proper application, Conditional Use Permit 930-34, and Sign Code Exception 93-003 has been filed by the Orange County Farm Bureau requesting authorization to establish an outdoor certified farmers' market with temporary signs including pricing information located at the vacant lot located on the north side of Third Street between E1 Camino Real and Prospect Street. Be A public hearing was duly noticed, called and held for said application on November 8, 1993 by the Planning Commission. C. That the establishment, maintenance, and operation of the use applied for 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: The operation of the certified farmers' market would be temporary as it would be set up and removed on the same day. Operation of the market itself would be for limited hours. · The portable toilet would be removed by 5:00 p.m., the next day after the farmers' market. The trash bin would be locked right after the farmers' market by the Farm Bureau, and the contents of the trash bin would be removed and relocked by Great Western Reclamation by 5:00 p.m., the next day after the farmers' market. 2 3 4 5 6 7 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 Resolution No. 3201 Page 2 · · · · Mitigation measures have been included in the conditions of approvk~ to require vehicles parking on the east portion of the vacant lot facing Prospect Street to be set back an adequate distance from the residential to the north of the subject site. Furthermore, this residence would be separated with a fence, erected immediately to the south of the north property line of the subject sit~ on which the farmers' market would operate. Surrounding properties would be protected from dust on the unimproved lot by mitigation measures. At minimum, the on-site driveway entrance aisle and the parking area shall be covered with a natural material such as gravel, wood chips or sawdust, as approved by the Community Development Department Director. Additional defined pathways of .vehicular travel shall also be treated to reduce dust. This treatment for other pathways could include watering done on dirt areas affected by vehicles and paths of vehicular travel, or other materials as determined by the Community Development Department Director. All treatments shall be maintained regularly to ensure that dust is adequately controlled. The operation of the certified farmers' market would provide a service to the perscns residing and working in the neighborhood by furnishing fresh produce grown in and around the area once a week. An outdoor farmers' market conducted once a week for limited hours would comply with the direction expressed by citizens who participated in the Charrette and R/UDAT activities by attracting Tustin's citizens into Old Town on a regular basis to reinforce the area's role as the heart of the community. · Furthermore, an outdoor farmers' market conducted once a week for limited hours would comply with the Tustin City Code which permits an outdoor market subject to the conditions of a conditional use permit, and therefore, would not set a precedence. Resolution No. 3201 Page 3 De Pursuant to City of Tustin Sign Code Section 9405c, the request to authorize tS~ following exceptions: an exception from Sign Code .Section 9403bl. (a), which requires that all banners shall be professionally made, and Section 9404a2 which prohibits nondurable signs; Section 9404al.(n), which prohibits signs attached to parked vehicles (excepting auto-for-sale signs); Section 9404al.(q), which prohibits service, product and pricing signs; Section 9403d10, which permits permanent directional signs not exceeding six square feet in size, and Section 9403dll.(d), which prohibits temporary directional signs from providing, directions to special events or any business, service or trade, can be supported by the following findings: le The nondurable signs anticipated to be used by the growers for business identification would be limited to 32 square feet in size, thus meeting the maximum size allowed by the Sign Code. Growers business identification signs would be required to be firmly fixed to a display, canopy or vehicle. Placement restrictions of the Code which require that signs do not exceed 12 feet in height, and that signs be securely affixed would be as closely followed by the farmers' displays as possible. However, a sign code exception would assure that the special needs of the outdoor market would be met. ~ The intent and purpose of the sign regulations is to promote effective business identification through the regulation and design of signs. Nondurable signs, signs attached to parked vehicles (excepting auto- for-sale signs), and service, product and pricing signs are prohibited by the Sign Code, however, the intent of this section is to regulate signs that may be displayed for up to 30 days, signs that may be attached to vehicles within the public right-of-way, and permanent or temporary signs that provide primary signage for business identification. The nature of the anticipated signs for the farmers' market is different than those signs prohibited in the Sign Code, as the farmers' market signs would be displayed for one day; 6 7 8 9 10 11 12 13 14 15 16 17 18 19 2O 21 22 24 25 26! 27 Resolution No. 3201 Page 4 · · · · would be displayed, on private property attached to vehicles 'used to display produce instead of vehicles parked in the public right-of-way; and would provide basic pricing information such as that pricing information that is found in an indoor market. Non- durable signs would be permitted for the certified farmers' market as part of the farmers' displays only. Non-durable signs would be required to be maintained in an orderly manner. Frayed or shabby signs would be required to be replaced. Growers would not be required to obtain temporary sign permits for .their business identification signs, however, the Community Development Department could request the removal of a sign that does not meet the above requirements. Granting the sign code exception would not set a precedent, as the certified farmers' market .would be unique in the City of Tustin. There are special circumstances unique to the property to justify the exception. The site is vacant, and the intended use is unique in that it is an outdoor market that would occur once a week. There are no structures on the site to house a business which would be required to conform to the Sign Code. Therefore, allowing an exception for the farmers' market would not be granting special privileges to the applicant that are not enjoyed by other similar uses in the surrounding area, as the certified farmers' market would be unique in Tustin. Granting the exception will not have a negative impact on surrounding properties, in that the signs would be set up on the day of the farmers' market, and would be removed on the same day. Furthermore, the certified farmers' market would be managed by the Farm Bureau which would ensure that the site would be free of debris prior to leaving the site after each farmers' market. The temporary signs anticipated to be displayed by farmers' selling their produce at the certified farmers' market would not be detrimental to the public health, safety Resolution No. 3201 Page 5 welfare, and aesthetics of the community since they would be set up 'and removed on the same day. The temporary signs would provide basic pricing information for the farmers at the outdoor market, similar to the pricing information that is found in an indoor market setting. However, the exception would not set a precedent as the certified farmers' market would be a unique outdoor even~ that occurs once a week in the City of Tustin. Granting the exception would meet the findings and intent of the Sign Code because the exception would allow each farmer to provide adequate business and product identification as permitted by the Sign Code. Granting the exception would make feasible the objective of the R/UDAT and Charrette participants who identified a farmers' market as a desirable element that would strengthen Old Town's role as the heart of the community. This project has been determined to be Categorically Exempt (Class 4) pursuant to section 15304 of the California Environmental Quality Act. I ! 6 7 8 9 10 11 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 Resolution No. 3201 Page 6 II. The Planning Commission hereby approves Conditional Use Permit 93-034 authorizing the establishment of a farmers' market located at the vacant lot located on the north side of Third Street between E1 Camino Real and Prospect street, and approves Sign Code Exception 93-003, subject to the conditions contained in Exhibit A, attached hereto. PASSED AND ADOPTED at a regular meeting of the Tustin Planning Commission, held on the 8th day of November, 1993. Secretary Chairperson STATE OF CALIFORNIA ) COUNTY OF ORANGE ) CITY OF TUSTIN ) I, KATHLEEN CLANCY, .the undersigned, hereby certify that I am the Recording Secretary of the Planning Commission of the City of Tustin, California; that Resolution No. 3186 was duly passed and adopted at a regular meeting of the Tustin Planning Commission, held on the 8th day of November, 1993. Recording Secretary EXHIBIT A CUP 93-034, SCE 93-003 CONDITIONS OF APPROVAL RESOLUTION NO. 3201 GENERAL (1) 1.1 The proposed project shall substantially conform with the submitted plans for the project date stamped November 8, 1993, on file with the Community Development Department, as herein modified, or as modified by the Director of Community Development Department in accordance with this Exhibit. The Community Development Department Director may make minor modifications to the plan if such modifications are consistent with applicable Code provisions. (1) 1.2 Approval of Conditional Use Permit 93-034 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. (1) 1.3 The applicant shall hold harmless and defend the City of Tustin from all claims and liabilities arising out of the City's approval of the entitlement process for this project. (1) 1.4 The applicant shall obtain all necessary permits from the county of orange Health Care Agency. USE RESTRICTIONS (5) 2.1 The farmers' market shall be operated on Wednesdays between the hours of 10:00 a.m. and 2:00 p.m. Any modification to the hours of operation or to the day of operation, not to. exceed a total of four hours per market day, shall be submitted to the Director of Community Development for review and approval. (5) 2.2 The subject operations of the outdoor certified farmers' market shall be maintained in a safe, clean and sanitary condition at all times. Ail trash, litter and debris from the 'weekly event shall be cleared from the site immediately after the outdoor farmers' market hours and placed in the on-site trash bin. SOURCE CODES (1) STANDARD CONDITION (5) RESPONSIBLE AGENCY REQUIREMENT (2) CEQA MITIGATION (6) LANDSCAPING GUIDELINES (3) UNIFORM BUILDING CODE/S (7) PC/CC POLICY (4) DESIGN REVIEW *** EXCEPTION Exhibit A- CUP 93-043, SCE 93-003 Conditions of Approval Resolution No. 3201 Page 2 (5) 2.3 Every vendor which operates in the farmers' market shall obtain a City of Tustin business license. (5) 2.4 The applicant shall load/unload products on site rather than 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. (5) 2.5 Conditional Use Permit 943-034 is granted for a one year time frame. The Commission will review operations annually and may, by resolution extend term of operations annually without a public hearing. (5) 2.6 Ingress and egress (access to the site for growers) shall be from Third Street or from E1 Camino Real only. PARKING AND SITE PREPARATION (5) 3.1 The on-site driveway entrance aisle and the parking area shall be covered with a natural material such as gravel, wood chips or sawdust, as approved by the Community Development Department Director. Additional defined pathways of vehicular travel shall also be treated to reduce dust. This treatment for other pathways could include watering done on dirt areas affected by vehicles and paths of vehicular travel, or other materials as determined by the Community Development Department Director. All treatments shall be maintained regularly to ensure that dust is adequately controlled. (5) 3.2 The two driveways located on E1 Camino Real shall be barricaded with orange traffic cones during the operation of the farmers' market to preclude the use of the driveways for entrance onto the site. (5) 3.3 Orange traffic cones shall be set up at 10 feet on center from east to west, 25 feet south of the north property line along a parallel line of the 100 foot wide portion of the unimproved lot facing Prospect every week to provide a setback for the residential property at 240 South Prospect. Cones shall also be located parallel to the private paved alley between the east-west traffic cones and the northern property lines. Exhibit A- CUP 93-043, SCE 93-003 Conditions of Approval Resolution No. 3201 Page 3 (5) 3.4 A minimum solid six foot high fence, chain link fence with screening or wrought iron fence with screening, shall be installed south of the northerly property line of the vacant lot adjacent to the residence at 240 South Prospect Street to separate the residence from the parking area. Final design and details of the fence shall be subject to the review and approval of the Community Development Department Director. (5) 3.5 A sufficient trash bin with locking device shall be located on the extreme north end of the property directly adjacent to the paved alley, and maintained to avoid health issues for neighboring residences. The trash bin contents shall be removed by 5:00 p.m.the following day of the farmers' market each week, or in less time should odor from rotting food in the trash bin become a problem as determined by the Community Development Department. (5) 3.6 A portable toilet shall be located on the extreme north end of the property directly adjacent to the paved alley, and maintained to avoid health issued for neighboring residences. Said portable toilet shall be delivered to the site on the day of the farmers' market, and shall be removed-from the site by 5:00 p.m. the following day of the farmers' market. (5) 3.7 Ail tents and canopies shall be treated for fire retardancy and listed by the state Fire Marshal. The applicant shall obtain a permit from the Orange County Fire Department for any tents or canopies having an area in excess of 400 square feet. (5) 3.8 The applicant shall install 30 feet of red curb east of the designated vehicular entrance for the farmers' market on Third Street, and 10 feet of red curb west of the designated vehicular entrance on Third Street to provide adequate sight distance in conjunction with the operation of the proposed vehicular entrance to the site. SIGNS (5) 4.1 Signs and advertisements for the farmers' market are prohibited within the public right-of-way. Exhibit A- CUP 93-043, SCE 93-003 Conditions of Approval Resolution No. 3201 Page 4 (5) 4.2 A maximum of two event banners advertising the certified farmers' market shall be permitted on the subject property conforming to all requirements of the City of Tustin Sign Code. Said banners shall be mounted on poles, and shall not exceed twelve feet in height. Event banners shall be professionally made and constructed of cloth, canvas, plastic, PVC or similar material, and have slits for proper wind resistance, where necessary. Event banners may be a maximum of 32 square feet in area with a maximum sign height or vertical dimension of six feet. One event banner on E1 Camino Real and on baDner on Third Street shall be allowed. (5) 4.3 A Temporary Sign Permit shall be obtained annually for all event banners. Event banner location, copy, and size shall be specified, and shall be subject to the review and approval of the Community Development Department. (5) 4.4 Growers shall be permitted to display one business identification sign. Grower business identification signs shall also be permitted to display service, product and pricing information. Business identification signs shall be a maximum of 32 square feet in area, and shall not be affixed at a height greater than a maximum of 12 feet. Grower business identification signs shall be permitted to be attached to vehicles that are used as part of the product display on a canopy or on an area that is part of the grower's display. Non-durable signs shall be permitted for business identification for growers only providing products at the certified farmers' market as part of a growers' displays only. Non-durable signs shall be maintained in an orderly manner. The Community Development Department shall reserve authority to request that frayed or shabby signs shall be removed or replaced. (5) 4.5 Grower display signs affixed to produce, or on a product in a grower display area identifying the pricing and other information shall be permitted. Signs affixed to produce or other products shall not be limited in number, however, they shall not exceed a maximum of one square foot in size each. Exhibit A- CUP 93-043, SCE 93-003 Conditions of Approval Resolution No. 3201 Page 5 (5) 4.6 Growers shall not be required to obtain temporary sign permits for individual business identification signs or product identification signs, however, the Community Development Department may request the removal of a sign that does not meet the conditions contained in this exhibit. (5) 4.7 No sign component shall flash, blink, or be otherwise animated. Such animation is strictly prohibited. CBS:br