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Home My WebLink AboutZA AGENDA REPORT ITEM #1 f a ITEM NO. I . Inter-Co'rn 'er ,ATE: MARCH 41 ' 1996 SIC TO: ZONING ADMINISTRATOR FROM: COMMUNITY DEVELOPMENT DEPARTMENT SUBJECT. CONDITIONAL USE PERMIT 96-002 APPLICANT: PUMPKIN CITY 22312 ROSEBRIAR MISSION VIEJO, CA. 92.692 ATTN: DOUG VAN PATTEN PROPERTY EDGAR PANKEY OWNER: 320 W. MAIN TUSTIN, CA. .92680 LOCATION: 13852-Z RED HILL AVENUE ZONING: C-1 (RETAIL COMMERCIAL) ENVIRONMENTAL THIS PROJECT HAS BEEN DETERMINED TO BE STATUS: CATEGORICALLY EXEMPT (CLASS 4) PURSUANT TO SECTION 15304 OF THE CALIFORNIA ENVIRONMENTAL QUALITY ACT (CEQA) . REQUEST: TO AUTHORIZE A FIVE MONTH TIME EXTENSION FOR A TEMPORARY STRAWBERRY STAND WITHIN RED HILL PLAZA'S PARKING LOT. RECOMMENDATION That the Zoning Administrator approve Conditional Use Permit 96-002 by adopting Zoning Administrator Action No. 96-002, as submitted or revised. BACKGROUND The applicant is proposing to establish a temporary strawberry stand within the Red Hill Plaza parking lot from February 15, 1996 to July 15, 1996. On February 15, 1996, the Director of Community Development granted ' Temporary Use Permit 96-002 to operate a temporary strawberry stand for 30 days. Tustin City Code Section 9270 (c) authorizes the Community Development Department to approve Temporary Use Permits for a maximum duration of 30 days. f ' r Zoning Administrator Report + CUP 96-002 March 4, 1996 Page 2 The Zoning Administrator may grant time extensions of temporary uses for a period of up to six months in accordance with City Code Section 9299.3 .J, through the approval of a Conditional Use Permit. Surrounding uses immediately adjacent to the proposed stand location include a drive-thru restaurant to the north, service station to the south, retail to the east and a church to the west. A public hearing notice identifying the time, date and location of the public hearing on -this project was published in the Tustin Weekly. Property owners within 300 feet of the site were notified of the•hearing by mail and notices were posted on the site, at City Hall and at the Police Department. The applicant was informed of the availability of a 'staff report .for this item. DISCUSSION The strawberry stand will be located within the parking lot perpendicular to Red Hill Avenue between the existing . Fotomat structure and the Del Taco restaurant. The location of the stand is in an area of' the parking lot that will not disrupt the flow of traffic, endanger any potential pedestrians near the stand or remove any existing parking spaces.- The• proposed stand is- in the least desirable customer parking area of the center (adjacent to the sidewalk of Red Hill Avenue) because it is located approximately 245 feet away from any existing tenant, the farthest point away -within the parking lot (See Attached Site Plan) . This location has been used in the past for pumpkin and Christmas tree sales. The proposed strawberry stand will be constructed of painted wood measuring 8 feet wide by 12 feet long and 9 feet high. The stand will operate during day light hours only (10: 00 a.m. to 6: 00 p.m. ) , Monday through Sunday and will be staffed by one person. An on-site survey, performed by staff during the lunch .hour peak showed the parking area to be approximately 500 of capacity. Forty empty 'spaces were observed immediately adjacent to the stand. According to the Zoning Code, parking demand for the stand.which is considered a retail sales use, is based on a ratio of 4 spaces per 1000 square feet gross. The proposed stand would require less than one-half of one parking space, based upon the 96 square foot size. Therefore, the existing parking, around the stand, will be sufficient to meet the demands of the proposed stand. Zoning Administrator Report- CUP 96-002 March 4, 1996 Page 3 ` In determining whether to approve this Conditional Use Permit, the Zoning Administrator must determine whether or not the proposed time extension will be detrimental to the health, safety, morals, comfort and general welfare of persons residing or working in the neighborhood, or whether it will be injurious or detrimental to property or - improvements in the vicinity. Based upon the information provided, and if operated in accordance with the conditions contained in Zoning Administrator Action 96- 002, the time extension will not be detrimental to health, safety and general welfare for the following reasons: 1) The establishment of a temporary strawberry stand will enhance the variety of commercial services offered in the City by providing a source for a seasonal commodity to the Tustin area. 2) The proposed hours of operation will be 10,: 00 a.m. to 6: 00 p.m. , Monday through' sunday. The proposed hours are compatible with the other in-line retail tenants in Red Hill Plaza. 3) The proposal will be conducted entirely within an enclosed stand in a seldom used portion of the parking area so as to minimize any potential impacts on adjacent tenants such as noise, odors or activities. Additionally, the stand is located on the site so as not to obstruct any established pedestrian or vehicular traffic. 4) Conditions of approval have been imposed to be consistent with the existing 30 day Temporary Use Permit to ensure consistency in operation. cONCLIISION Based upon the above analysis, ,the -proposed project will not have a negative impact on the health, safety, or general welfare of the property or . surrounding neighborhoods. It is, therefore, recommended that the Zoning Administrator adopt Zoning Administrator Action. 96-002 approving Conditional Use .Permit 96- 002. Robert el adillo Assistant- Planner .�_ Attachments: Location Map , Submitted plans ZA Action No. 96-002 i RAD:br:CUP96002.za ` � u �-- ,LO CAT[.O N MAP/.,-.r L ` L J �t�L � 1 1 1 A i i I BRYAN i , AVENUE $O nu nu v9x 7r SW M91 lE�n F' PINE TREE 13842 4194 7szz ROYALE PARK i'api 4141 ;� �>e1. TV5M MAS l Y 1474 +� n � }112 -• nx - G wo nea 'lal s YLArIcr 'DK 1 w isxN tuo 1769,o N .. A A R PARK 174YI lxM y n'� +�t1 1361+ tvl7 Ix,t Ix11 Ix1I ! xl IxA . �� 141441¢�lxzv xl 5 �T 1x4�r xxo- 13641 ? txxt ws MARJCRIE L u 4 ,x11 1x13 JXU VEER s�_ 1743, ,>uI 1x41 1747 trio- x41.4 7x+2 tx•+ RANCHO SAN WAN . _ 9 ANDR c T. t16b2 I3.31 1372 !11 ® txrx 7x11 > I7Nx +xu 13722 a n _ g •'�, tare x - 2i- C.C. ,x41 Ix>t ? ,x41 1x41 LAMBERT - �2i �' -WOKE +n4x xaI- 13701 +mt $ ISTI IREF +mi 1S6p1 = Inw 1m+ 13742 c tmt ARCO wmg url= ;_ c;_ sA4, r dtAfi b n. 13ea1 z 1 R.� 73841 6 S%.. I G 13saG DEL TACO STCA.VPRE THE CREEK CHURCH RED ML 13852 DRuc EUPORIuu III v, `(twpY, . .m • TUSTIN oLACUNA CA OIS MOIL Y081C ,x41 13472 x_ x o n k � 1]922 J 17911 r rA . AL 7 naRs h E R� NO SCALE c AM�No EL 1 EXHIBIT A REDHILL PLAZA SHOPPING CENTER LEGAL DESCRIPTION -The following described real property In the City of Tustin, County of Orange,State of California Lot 30 in Block 12 of Irvine's Subdivision,per map recorded In Book 1, Page 88 and 45 of Miscellaneous Maps In the office of the County Recorder of Orange County. Subject among other matters,to that certain Declaration of Conditions and Restrictlons recorded May 25,1965 In Booksem7532,,Page 850,.Officlal Recotds.of Orange.County and that certain Declaration of Eaents,:Parking and OtherAgreements also recorded May.25;1965 In Book 7532;Page 833 In"such official records': . ;. . n i i i i N '�•• I'• lily] X11' i cr*;,: SIT N M1 ,12 3 E I v ' '1 �� 1 III L I. I II1I I - • f y � 1 .� -- — El oe Aill "gh MICA, to. Ff�ONT qt EXHIBIT 'B" ATTACHMENT 3 Y ' Q(gm•f 4 ...`moi+fid s"" 7 .._ �L.�y"-�� :+.�/�• { •e —� L Js7 Ad 7f ...".i .�. • " fi•n TUd 51 Fj '• -••r< ••w}•�r+:. t!r z t A0, }'�;c'i' �4i•�rti. � r�� .Y��,3 � � Vii, iS l'�1� r �17�1,�"^�:.,�� i- .iG Y t 1�7i�w(1 F.� ��1.�J7 T� ",'•nl'L 1 p } ( `w(••'w ^✓. -"•'-' ;{o":Y[`P��`[i'.'�'."(ei4a? ;�' •:��• T t�'°�rf 7�+.•i` ay[!µ,'�,.5•+: �, ili =i 1 .1 F ' 'aJ i �+rye •... . .iY•'.. , .. 3r ,1.+:�,s.: R `° �;� �sL']!-'d r of �f 7•Ilr - " i i ��' �� ;� � • f '• rte` ��.� 1. e r •t•� _' �'a4•,r��Nfi]+Fr' s,�,' • •' - Suis 5� 1J "� '• '1' �r� 71 M ��• +1 it � i iiI S I �' 9�. � "'�b�V�yFi�Qi� r:t � . �+J 3 j ` t �v�L1 .✓ w` s - .�s, i J I ZONING ADMINISTRATOR ACTION 96-002 ' CONDITIONAL USE PERMIT 96-002 r 2 MARCH 4, 1996 3 The Zoning Administrator of" the City ,of Tustin does hereby resolve as follows: 4 I. The Zoning Administrator finds and determines as 5 follows: 6 A. That a proper application, Conditional Use Permit 96-002 , was filed by Pumpkin City to 7 request a time extension for a temporary strawberry stand located in the parking area 8 of Red Hill Plaza at 13852-? Red Hill Avenue. 9 B. That a public hearing was duly called,•, noticed and held on said application on March 4, 1996 10 by the Zoning Administrator. 11 C. That a temporary use is allowed for up to six months with approval of a Conditional Use 12 Permit by the Zoning Administrator in accordance to City Code Section 9299.3 .J. 13 1 D. That establishment, maintenance, and operation 14 of the use applied for will not, under the circumstances of this case, be detrimental to 15 the health, safety, morals, comfort or general welfare of persons residing or working in the 16 neighborhood of such proposed use, evidenced by the following findings: 17 1) The establishment of a temporary 18 strawberry stand within the Red Hill Plaza will enhance the variety of 19 commercial services offered, by providing a needed 'seasonal commodity to the Tustin 20 area. 21 2) The proposed hours of operation will be 10: 00 a.m. to 6: 00 p.m. , , Monday ,through 22 Sunday. The proposed hours are .compatible with the other in-line' retail 23 tenants in Red Hill Plaza. 24 3) The proposal will be conducted entirely within an enclosed stand so as to 25 minimize any potential impacts on adjacent tenants such as noise, odors or 26 activities. Additionally, the stand is located on the site so. as not to obstruct 27 any .established pedestrian or vehicular traffic. 28 i Zoning Administrator Action 96-002 March 4, 1996 1 Page 2 2 4) The proposed strawberry stand is located on the site so as not to disrupt the flow 3 of traffic, endanger pedestrians or remove existing parking spaces. 4 5) Conditions of approval have been imposed 5 to be consistent with the existing 30 day Temporary Use Permit- to ensure 6 consistency in operation. 7 E. That the establishment, maintenance, and operation of the use applied for will not be 8 injurious or detrimental to the property and improvements in the neighborhood of the 9 subject property, nor to the general welfare of the City of Tustin for the reasons stated 10 in Section D, above. 11 F. This project is a minor alteration to an existing facility and is, therefore, 12 Categorically Exempt (Class 4) from the California Environmental Quality Act (CEQA) . 13 II. The Zoning Administrator hereby approves L4 Conditional Use Permit No. 96-002 to authorize a time extension to July 15, 1996 for a temporary 15 strawberry stand within the Red Hill Plaza parking area, located at 13852-i Red Hill Avenue, subject 16 to the conditions contained in Exhibit A, attached hereto. 17 PASSED AND ADOPTED by the Zoning Administrator of the 18 City of Tustin at a regular meeting held on the 4th day of March, 1996. 19 20 RICK BROWN 21 Zoning Administrator 22 23 BARBARA REYES 214 Recording Secretary 25 26 28 r ,� 1 Zoning Administrator Action No. 96-002 March 4, 1996 Page 3 STATE OF CALIFORNIA ) COUNTY OF ORANGE ) CITY OF TUSTIN ) I, BARBARA REYES, the undersigned, hereby certify that I am the-Recording Secretary of the Zoning Administrator of the City of Tustin, California; that Zoning Administrator Action No. 96-002 was duly passed and adopted at a regular meeting of the Tustin Zoning Administrator, held on the 4th day of March, 1996. BARBARA REYES Recording Secretary 1 r t � I I f EXHIBIT A ZONING ADMINISTRATOR ACTION 96-002 CONDITIONS OF APPROVAL CONDITIONAL USE PERMIT 96-002 GENERAL (1) 1.1 The proposed project shall substantially conform with the submitted plans for the project, date stamped March 4 , 1996 on file with the -Community Development Department, as herein modified, or as' modified by the Director of the Community Development Department 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 to be consistent with provisions of• the Tustin City Code. (1) . 1.2 Unless otherwise specified, the conditions contained in this Exhibit shall be complied with prior to the issuance of any building permits for the project subject to review and approval by the Community Development Department. (1) 1.3 Conditional Use Permit approval shall expire on July 15, 1996. (1) 1.4 Any public improvements damaged by the applicant, adjacent to this property, shall be repaired and/or replaced as determined by the Engineering Division and shall include, but not be limited to,. curb and gutter, street paving and drive apron. - (1) 1.5 Approval of this Conditional Use Permit is contingent upon the applicant signing and returning an "Agreement to Conditions Imposed" form as established by the Director of Community Development. (1) 1.6 The applicant shall hold and defend the City of Tustin harmless for all claims and liabilities arising out of the City's approval of the entitlement process for this project. (1) 1.7 An electrical permit shall be obtained if any portion of the facility will be energized via a temporary power pole. (1) 1.8 The facility shall comply with all requirements of the Orange County Health Department. SOURCE CODES (1) STANDARD CONDITION . (5) SPECIFIC PLAN (2) EIR MITIGATION (6) RESPONSIBLE AGENCY REQUIREMENT (3) UNIFORM BUILDING CODE/S (7) LANDSCAPING GUIDELINES (4) DESIGN -REVIEW (8) PC/CC POLICY *** EXCEPTION- Exhibit A Zoning Administrator Action 96-002 Conditional Use Permit 96-002 March 4, 1996 Page 2 (1) 1.9 The facility shall be removed and the premises cleaned of all debris and restored to the condition prior to set up of the facility within 14 days of the expiration of the permit. A $50 clean up bond shall be posted with the City and will be refunded after inspection of the site at the close of operations. (1) 1.10 The facility shall comply with all fire prevention standards as approved and enforced by the Orange County Fire Authority. The facility shall maintain a portable type 2 :A-10:B:C Fire Extinguisher on-site at all times. (1) 1.11 The applicant shall schedule a final inspection two days in advance of the effective date of this 'approval at (714) 832-1011. (1) 1. 12 'No open display or storage of strawberries is permitted outside of the stand. (1) 1.13 The area around the stand shall be cleaned of debris, and trash on a daily basis. . (1) 1.14 This permit shall not authorize any temporary or portable signs on-site. (1) 1.15 The wooden stand shall be of solid construction materials and all exterior surfaces shall be painted and remain in good repair during operation. ` (1) L.16 The temporary stand' s signs shall be regulated by Section' 9408-(B) (2) which permits a wall sign of up to 15% of the store front area. Based upon your proposed store front, . the stand would be allowed a sign of a maximum of 16. square feet. * * 1.17 All strawberry sales activity shall be restricted to the hours of 10: 00 a.m. to 6: 00 p.m. daily. FEES (1) 2.1 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 $25. 00 (twenty-five 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.