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HomeMy WebLinkAboutZA AGENDA REPORT ITEM #2 I ITEM NO. 2 Y O� vATE: MARCH - 4, 1996 inter- Com TO: ZONING ADMINISTRATOR FROM: COMMUNITY DEVELOPMENT DEPARTMENT SUBJECT: CONDITIONAL USE PERMIT 96-003 APPLICANT: BRAD BOECK 12809 KALNOR #23 NORWALK, CA. 90650 PROPERTY DOUGLAS PRESCOTT OWNER: 18752 E. 17TH STREET SANTA ANA, CA. 92705 LOCATION: EL CAMINO REAL 6 THIRD STREET ZONING: C-2P (CENTRAL 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 EXTENSION FOR A TEMPORARY STRAWBERRY STAND IN A VACANT LOT RECOMMENDATION That the Zoning Administrator approve Conditional Use Permit 96-003 by adopting Zoning Administrator Action No. 96-003 , as submitted or revised. BACKGROUND The applicant is proposing to establish a temporary strawberry stand on the Farmers Market site located at the north east corner of El Camino Real and Third Street, from February 15, 1996 to July 15, 1996. On February 15, 1996 a Temporary Use Permit was granted by the Director of Community Development 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. I Zoning Administrator Report CUP 96-003 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 land uses to the proposed strawberry stand consist of retail and office to the north, south, and west. To the east are single and multi-family residential uses. A public hearing notice identifying the time, date and location of the public hearing on this project was published in the Tustin Week. 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 adjacent to El Camino Real, north of Third Street. As ,proposed, the stand will not adversely impact any retail or vehicular operations of the surrounding businesses. Access to the stand will be from the existing driveways on Third Street and El Camino Real which also service the existing "Farmers Market. " An on-site survey by staff during the lunch hour peak on a week day showed the parking area to accommodate sufficient parking for the subject stand. On street parking is also available on E1 Camino Real adjacent to the proposed stand. The strawberry stand will be constructed of painted wood measuring 8 feet wide by 16 feet long and 9 feet high. The stand will operate during day light hours only (10: 00 a.m. to 6: 00 p.m. ) seven days a week, with the exception of Wednesday (9:00 a.m. to 2 : 00 p.m. ) during the operation of the Farmers Market. Staff contacted the Farmers Market representative, Ms. Nancy Castor, to discuss the proposed strawberry stand and was informed that the Farmers Market is aware of the proposed strawberry stand. Ms. Castor stated that the Orange County Farm Bureau (OCFB) had been contacted for any potential conflicts in regulations or operations between the existing Farmers Market and subject stand. The OCFB supported the strawberry stand as long as it is not open for business during the hours of the Farmers Market. The applicant has agreed to this request. Zoning Administrator Report CUP 96--003 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- 003 , the time extension will not be detrimental to the 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 retail tenants near the site. 3) The proposal will be conducted entirely within an enclosed stand on an unimproved dirt lot and, therefore, will not impact any adjacent retail business. Addition- ally, the Stand is located on the site so as not to obstruct any established pedestrian or vehicular traffic and enable maximum use of the site for parking. 4) Conditions of approval have been imposed to be consistent with the existing 30 day Temporary Use Permit to ensure consistency in operation. CONCLUSION 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--003 approving Conditional Use Permit 96- 003 . �l L� Ro ert DelgadilleJ Assistant-Planner Attachments: Location Map Submitted plans ZA Action No. 96-003 RAD:br\CUP96003.ZA LOCATION MAP .T L tIT C C,F' / r 1 i 1 e J J' 1 l �I MAI' UV L EAST �J L FIRST J STREET z 333 — •- s _ ,tl ,Sa ,,, Y in ,xln ^ITo PEPPERIRE +a ,to IJO ,ss POST 9 t]o 1]0 fas t30 0mcr - ... . � .. .. PARK to I.S ,w ':� } Iu tw w Iw < •..........y..y..^ .::: all ma Iso n ,ss ue �,', tsJ :: Iso 1 to .x 'er ^ i ..... ":.tw..• ar• so1 Y y 3 3.... . !w wt wn in ,H ITa :IU.: 1]0 to-u � � 5Ecmm ST LQUAR s. Itl ,b _tl [!0 :ITJ�I! 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" • td.'•13:f�C i S 1T� NO SCALE . _ 3. ..... ='rte"-• , �'�!l�.,...' �'-•�_?.tri. �,3� ;'t„+�. - _•�' ' ~i � •' �.. _ •—I l -fn`s' ��.t�� ... a . 111 0 EVEN ir ■■■O�ONA�E�E ■ImmEo 11111. ■ 00 In ■■ l��E ■■ S■�E. , . �■ MEMO _NE AM Ort O■ ■■■ES■ r3EonEmmoom ON BE SEEM■■■■■o .11 man ME IIIII No=E■■ ■�Tr�&��TiI1IIN ■Nrioo[o/■ NN= NOUN mii�/ir.MORWAdd S■■MN■�'■ NONE ■■■■M■■NMEMO ■■ 7■ �i■■EN ■E■NNEu■lo■n ■■■ ■■ �■■oS ■■NEMEEium/■■8■NNE S■'EEN ■■S■■■■■o■■ NNE on Eo■ ■■■So■N■■NEi=■M■■■■■S1 E■■ ■■ m■■■E mm■mm■■■N■■I11M'��■ ■NEMN ■■■■■■ 111111111931 MEN■ ■EN■MENMEM■ ■■miimm■ MEN■■M■E■EE■■E�i�mEEE■E■■■■11Si 'O■ loss■MEN!N■MEN N■■m■E■■■E■mS1ISE■O N■NN■■■■■■■■■E■■■■EON IE'N■■ ■■N■■■E■■■■ III I■�E■■ NoEN■mo■ommommm■■■oE■EO■■s lol im■ MEN■Nmoomm■omm■■■ mMm■11rii■■ MEN NNNE E■EE■■■■E■■■M■■■o■'l1■;t1O■ ■E■■■■E■■■■■N■■B■■NEn■■'I�IEt1ON SEE moEENE MEN O■mm■m■EE■■0.11011 0 ONE N■E■oNOEN■■EEE■m■NmmE MINIMUM 0 imm M MEN MENINN ■ 'MM ■ u 1 ZONING ADMINISTRATOR ACTION 96-003 CONDITIONAL USE PERMIT 96003 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--003 , was filed by Mr. Brad Boeck to 7 request a time extension for a temporary strawberry stand on the vacant lot located at 8 the north east corner of El Camino Real and Third Street. 9 B. That a public hearing was duly called, noticed 10 and held on said application on March 4, 1996, by the Zoning -Administrator. 11 C. That a temporary use is allowed for up to six 12 months with approval of a Conditional Use Permit by the Zoning Administrator in 13 accordance with City Code Section 9299 .3 .J. )4 D. That establishment, maintenance and operation of the use applied for will not, under the 15 circumstances of this case, be detrimental to the health, safety, morals, comfort or general 16 welfare of the persons residing or working in the neighborhood of such proposed use, 17 evidenced by the following findings: 18 1) The establishment of a temporary strawberry stand on a vacant lot will 19 enhance the variety of commercial services offered by providing a needed 20 seasonal commodity for the Tustin area. 21 2) The proposed hours of operation will be ' 1.0:00 a.m. to 6:00 p.m. , Monday through 22 Sunday. The proposed hours are compatible with those of the Farmers 23 Market.. 24 3) The proposal will be conducted entirely within an enclosed stand so as to 25 minimize any potential impacts on adjacent neighbors such as noise, odors 26 or activities. r 7 28 r I Zoning Administrator Action 96-003 Page 2 2 3 4) The proposed strawberry stand is located on the site so as not to obstruct or 4 disrupt the flow of traffic or endanger pedestrians. 5 5) Conditions of approval have been imposed • 6 to be consistent with the existing 30 day Temporary Use Permit to ensure 7 consistency in operation. 8 E. That the establishment, maintenance, and operation of the use applied for will not be 9 injurious or detrimental to the property and improvements in the neighborhood of the 10 subject property, nor to the general welfare of the City of Tustin for the reasons stated 11 in Section D,, above. 12 F. It has been determined that this project is a minor alteration to an existing facility and 13 is, therefore, Categorically Exempt (Class 4) from the California Environmental Quality Act 14 (CEQA) . 15 II. The Zoning Administrator hereby approves Conditional Use Permit No. 96-003 to authorize a 16 time extension to July 15, 1996 of a temporary strawberry stand on a vacant lot located at the 17 north east corner of El Camino Real and Third Street, subject to the conditions contained in 18 Exhibit A, attached hereto. ' 19 PASSED AND ADOPTED by the' Zoning Administrator of the City of Tustin at a regular meeting held on the 4th day 20 of March, 1996. 21 RICK BROWN 22 Zoning Administrator 23 24 BARBARA REYES Recording Secretary 25 26 r 27 f 28 i 1 Zoning Administrator Action 96-003 Page 3 2 3 STATE OF CALIFORNIA ) 4 COUNTY OF ORANGE ) CITY OF TUSTIN } 5 • 6 T, BARBARA REYES, the undersigned, hereby certify that ­ I am the Recording Secretary of the Zoning Administrator 7 of the City of Tustin, California; that Zoning Administrator Action No. 96-003 was duly passed and 8 adopted at a regular meeting' of the Tustin Zoning Administrator, held on the 4th day of March, 1996. 9 10 BARBARAREYES 11 Recording Secretary 12 13 114 15 16 17 18 19 20 21 22 23 ,24 25 26 28 I .I EXHIBIT A ZONING ADMINISTRATOR ACTION 96-003 CONDITIONS OF APPROVAL CONDITIONAL USE PEP-MIT- 96-003 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 r' (1) STANDARD CONDITION (5) SPECIFIC PLAN (2) EIR MITIGATION (6) RESPONSIBLE AGENCY REQUIREMENT f (3) UNIFORM BUILDING CODE/S (7) LANDSCAPING GUIDELINES (4) DESIGN REVIEW (8) PC/CC, POLICY *** EXCEPTION Exhibit A Zoning Administrator Action 9�6-0�03 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. 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) 1. 16 The temporary stand's signs shall be regulated by Section 9408 (8) (2) which permits a wall sign of up to 15% of the store front area. used upon your proposed store front, the stand would be allowed a sign of a maximum of 16 square feet. 1. 17 The applicant, shall not conduct business/sales on any Wednesday between the hours of 9 : 00 a.m. and 2 : 00 p.m. 'while the Farmers Market is open. If the Farmers Market does not conduct business on a Wednesday, the applicant may open and sell strawberries. 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.