HomeMy WebLinkAboutZA 95-020 / CUP 95-022
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ZONXNG ADMXNXSTRATOR ACTION 95-020
CONDITIONAL USE PERMIT 95-022
NOVEMBER 6, 1995
The Zoning Administrator of the city of Tustin does
4 hereby resolve as follows:
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A.
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The Zoning Administrator finds and determines as
follows:
That a proper application for Conditional Use
Permit 95-022 was filed by Goodwill Industries
of Orange County to authorize the
establishment of an attended donation storage
unit,. in conjunction with an existing church
use at 1201 Irvine Boulevard.
B.
That a public hearing was duly called, noticed
and held on said application on November 6,
1995 by the Zoning Administrator.
c.
That the proposed use is allowed within the
Public and Institutional Zoning District, with
the approval of a Conditional Use Permit.
D.
That establishment, maintenance, and operation
of the use applied for will be detrimental to
the health, safety, morals, comfort and
general welfare of the persons residing or
working in the neighborhood of such proposed
use, and will be injurious and detrimental to
the property and improvements in the
neighborhood of the subject property, and to
the general welfare of the City of Tustin, as
evidenced by the following findings:
1.
Past and present incidences of noise,
v~grancy and property damage occurring on
the subject property have resulted in the
subject property becoming a nuisance to
those residing in the neighborhood of the
proposed use. The establishment of the
proposed use will increase and intensify
these types of activities in that the
storage container and its contents will
invite theft, vandalism or destruction of
the container, particularly during hours
when the facility is unattended. There
are no m.easures that can reasonably be
taken to minimize, control or monitor on-
site activities that may occur during
evening hours when the facility is
unattended.
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Zoning Administrator Action 95-020
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7.
2.
The proposed use will be of no benefit to
the neighborhood it that the storage unit
will be unattended during evening hours,
when disturbances to the peace are
purportedly at their peak on the subject
property.
3.
Noise and vibration generated from trucks
entering the subject property to unload
the storage container, as evidenced
during the establishment of the facil~ty
under the issuance of a Temporary Use
Permit, will result in a hardship and
nuisance to those residing in the
neighborhood of the proposed use.
4.
The current owners of the subject
property, Aldersgate united Methodist
Church, have been unresponsive to the
concerns of the neighborhood with respect
to illegal and illicit activities that
have occurred on the subj ect property,
and cannot be depended upon to ensure
that the proposed use itself would not
evolve into an attractive nuisance.
5.
The attended donation facility, during
its operation on the subj ect property
under a Temporary Use Permit, has been
found to be an attractive nuisance in
that, on at least one occasion, a
transient was observed attempting to camp
overnight between the facility and the
eastern property line of the subject
property.
The proposed facility poses a health and
safety hazard to those residing in the
neighborhood, 'in that the potential
exists for hazardous items or materials
to be left at the exterior of the storage
unit when it is unattended.
6.
No lighting is provided in the parking
lot of the subject property, creating an
unsafe environment for the unattended
storage of personal property.
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Zoning Administrator Action 95-020
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II.
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8. The height of the block wall along the
easterly boundary of the subject
property, which is as low as three feet
in areas, provides an inadequate buffer
to shield the adjacent residences from
the noise and vibration generated by the
proposed use, or from the uncontrolled
activities that may occur when the
donation facility is unattended.
9 · The proposed use will be incompatible
with the established single-family
residential char~cter of the area in that
the proposed use involves activity that
is analogous to commercial activity, such
as the arrival of individuals to conduct
transactions and the routine arrival of
trucks to unload donated goods from the
storage container.
10. Prior to the submittal of an application
for a Conditional Use Permit and prior to
the issuance of a Temporary Use Permit
for the temporary operation of the
proposed donation facility, the facility
was found operating without the benefit
of any City approvals or permits.
The Zoning Administrator hereby denies Conditional
Use Permit 95-022 to authorize the establishment of
an attended donation facility in conjunction with
an existing church use at 1201 Irvine Boulevard.
19 PASSED AND ADOPTED by the Zoning Administrator of the
City of Tustin at a regular meeting held on the 6th day
20 of November, 1995.
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BARBARA REh---
Recording. Secretary
Zoning Administrator Action 95-020
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STATE OF CALIFORNIA ) ,
3 COUNTY OF ORANGE )
CITY OF TUSTIN )
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5 I, BARBARA REYES, the undersigned, hereby certify that
I am the Recording Secretary of the Zoning Administrator
6 of the City of Tustin, California; that Zoning
Administrator Action No. 95-020 was duly passed and
7 adopted at a regular meeting of the Tustin Zoning
Administrator, held on the 6th day of November, 1995.
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BARBARA R~
Recording Secretary
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