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HomeMy WebLinkAboutZA 96-003/CUP 96-003 1 ZONING ADMINISTRATOR ACTION 96-003 CONDITIONAL USE PERMIT 96-003 2 MARCH 4, 1996 3 The Zoning Administrator of the city of Tustin does hereby resolve as follows: 4 I. S 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 The Zoning Administrator finds and determines as follows: A. That a proper application, Conditional Use Permit 96-003, was filed by Mr. Brad Boeck to request a time extension for a temporary strawberry stand on the vacant lot located at the north east corner of EI Camino Real and Third street. B. That a public hearing was duly called, noticed and held on said application on March 4, 1996, by the Zoning Administrator. C. That a temporary use is allowed for up to six months with approval of a Conditional Use Permi t by the Zoning Administrator in accordance with city Code section 9299.3.J. D. That 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, evidenced by the following findings: 1) The establishment of a temporary strawberry stand on a vacant lot will enhance the variety of commercial services offered by providing a needed seasonal commodity for 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 those of the Farmers Market. 3) The proposal will be conducted entirely within an enclosed stand so as to m1n1m1ze any potential impacts on adjacent neighbors such as noise, odors or activities. 2 1 Zoning Administrator Action 96-003 Page 2 PASSED AND ADOPTED by the' Zoning Administrator of the City of Tustin at a regular meeting held on the 4th day of March, 1996. ()_^ ~~ 3 4 5 6 7 8 9 10 11 12 13 14 15 II. 16 17 18 19 20 21 22 4) The proposed strawberry stand is located on the site so as not to obstruct or disrupt the flow of traffic or endanger pedestrians. 5) Conditions of approval have been imposed to be consi~tent with the existing 30 day Temporary Use permi t to ensure consistency in operation. E. That the establishment, maintenance, and operation of the use applied for will not be injurious or detrimental to the property and improvements in the neighborhood of the subject property, nor to the general welfare of the City of Tustin for the reasons stated in Section D,. above. F. It has been determined that this project is a minor alteration to an existing facility and is, therefore, Categorically Exempt (Class 4) from the California Environmental Quality Act (CEQA). The Zoning Administrator hereby approves Conditional Use Permit No. 96-003 to authorize a time extension to July 15, 1996 of a temporary strawberry stand 'on a vacant lot located at the north east corner of EI Camino Real and Third Street, subj ect to the condi tions contained in Exhibit A, attached hereto. RICK BROWN Zoning Administrator 23/~~ 24 BARBARA REYES Recording Secretary 25 26 27 28 1 Zoning Administrator Action 96-003 Page 3 2 3 STATE OF CALIFORNIA ) 4 COUNTY OF ORANGE ) CITY OF TUSTIN ) 5 6 I, 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 ~ f) BARBARA REY1's u.-y-- 11 Recording Secretary 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 EXHIBIT A ZONING ADMINISTRATOR ACTION 96-003 CONDITIONS OF APPROVAL CONDITIONAL USE PERMIT. 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 (1) STANDARD CONDITION (2) EIR MITIGATION (3) UNIFORM BUILDING CODE/S (4) DESIGN REVIEW *** EXCEPTION (5) SPECIFIC PLAN (6) RESPONSIBLE AGENCY REQUIREMENT (7) LANDSCAPING GUIDELINES (8) PC/CC POLICY Exhibit A Zoning Administrator Action 96-003 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) 1.16 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 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 Communi ty 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.