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HomeMy WebLinkAboutZAA 01-005, CUP 01-007 4 I. 5 6 7 8 9 10 II 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 2 ZONING ADMINISTRATOR ACTION 01-005 CONDITIONAL USE PERMIT 01-007 3 The Zoning Administrator of the City of Tustin does hereby resolve as follows: The Zoning Administratorfinds and determines as follows: A. That a proper application for Conditional Use Permit 01-007 was filed by Philip Cox requesting authorization to modify Resolution No. 3201 which approved Conditional Use Permit 93-034 to allow outdoor certified farmers' market on Saturdays and Wednesdays at 250 South Prospect Avenue. B. That the proposed use is allowed within the Central Commercial (C-2) Zoning District, with the approval of a Conditional Use Permit, and compatible with the "Old Town Commercial" General Plan land use designation, and consistent with the Air Quality Sub-element of the City of Tustin General Plan. /n accordance with Section 9299b(4)(d) of the Tustin City Code, the amendments to conditions of approval adopted by the Planning Commission are minor in nature and will not alter the original intent of the project or site and can be reviewed for approval by the Zoning Administrator. C. That a public hearing was duly called, noticed and held on said application on April 2, 2001 by the Zoning Administrator. D. That the establishment, maintenance and operation of the outdoor farmers' market 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, not 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 findings: 1. The operation of the certified farmers' market two (2) days a week would be temporary as it would be set up and removed on each market day. Operation of the market itself would be for limited hours. 2. The portable toilet would be removed no later than the end of the next day after the farmers' market. The trash bin would be locked at the end of the farmers' market by the Farm Bureau, and the contents of the trash bin would be removed and relocked by the refuse contractors no later than the end of the next day after the farmers' market. 3. Conditions of approval are included 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/ot to the north of the subject site. Zoning Administrator Action 01-005 Apri/2, 2000 Page 2 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 E. 29 4. Surrounding properties would be protected from dust on the unimproved lot be mitigation measures on the unimproved lot be mitigation measures. At minimum, the on-site driveway entrance aisle and the parking areas shall be covered with natural material such as gravel, wood chips or sawdust, as approved by the Community Development 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 Director. All treatments shall be maintained regularly to ensure that dust is adequately controlled. 5. The operation of the certified farmers market two (2) days a week would provide service to persons residing and working in the neighborhood by furnishing fresh produce grown in and around the area twice a week. 6. An outdoor farmers' market conducted twice 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. 7. An outdoor farmers' market conducted twice 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. 8. The operation of the certified farmers' market on Saturday would provide a service to persons residing in the area that normally can not patronize a weekday operation due to work or school obligations. 9. A Saturday farmers' market would attract Tustin citizens and families that may be encouraged to patronize the retail and restaurant uses within Old Town Tustin that they may not have time for on a weekday. 10. Two (2) market days a week will not create any traffic, parking or noise impacts beyond the impacts mitigated through conditions of approval. This project is Categorically Exempt pursuant to Section 15304, Class 4 of Title 14, Chapter 3 of the California Code of Regulations (Guidelines for the California Environmental Quality Act). Zoning AdministratorAction 01-005 April 2, 2000 Page 3 2 II. The Zoning Administrator hereby approves Conditional Use Permit No. 01-007 replacing Planning Commission Resolution 3201 to allow outdoor certified farmers' market on Saturdays and Wednesdays at 250 South Prospect Avenue subject to the conditions contained within Exhibit A, attached hereto. 3 4 5 6 PASSED AND ADOPTED by the Zoning Administrator of the City of Tustin at a regular meeting held on the 2nd day of April 2001. 7 9 ~d~ a~.~4~1J: Elizabeth A. Binsack ZONING ADMINISTRATOR 8 10 Eloise Harris RECORDING SECRETARY 11 12 13 14 STATE OF CALIFORNIA) 15 COUNTY OF ORANGE ) 16 CITY OF TUSTIN ) 17 I, ELOISE HARRIS, the undersigned, hereby certify that I am the Recording Secretary of the Zoning Administrator of the City of Tustin, California; that Zoning Administrator Action 18 No. 01-005 passed and adopted at a regular meeting of the Tustin Zoning Administrator, 19 held on the 2nd day of April 2001. ~aJ~ ELOISE HARRIS 22 Recording Secretary 20 21 23 24 25 26 27 28 29 EXHIBIT A ZONING ADMINISTRA TOR ACTION 01-005 CONDITIONS OF APPROVAL CONDITIONAL USE PERMIT 01-007 GENERAL (1) 1.1 Approval of Conditional Use Permit 01-007 is contingent upon the applicant signing and returning an "Agreement to Conditions Imposed" form as established by the Director of Community Development which states that the property owner, applicant, and/or tenant agrees to comply with all conditions imposed by the City. Failure to comply with the conditions of approval shall be grounds for revocation of the conditional use permit. (1) 1.2 The applicant shall hold harmless and defend the City of Tustin from all claims and liabilities arising out of a challenge of the City's approval of this project. (1) 1.3 The applicant shall obtain all necessary permits from the County of Orange Health Care Agency. (***) 1.4 Zoning Administrator Action 01-005 shall replace the Planning Commission Resolution 3201. USE RESTRICTIONS (5) 2.1 The farmers' market shall be operated on Wednesdays and Saturdays between the hours of 9:00 a.m. and 1 :00 p.m. Any modification to the hours of operation, not to exceed a total of four (4) hours per market day, or to the days of operation 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. All trash, litter and debris from the event held twice a week shall be cleared from the site immediately after the outdoor farmers' market hours and placed in the on-site trash bin. SOURCE CODES (1) (2) (3) (4) *** STANDARD CONDITION CEQA MITIGATION UNIFORM BUILDING CODE/S DESIGN REVIEW EXCEPTIONS (5) (6) (7) RESPONSIBLE AGENCY REQUIREMENTS LANDSCAPING GUIDELINES PC/CC POLICY ExhibitA Zoning AdministratorAction 01-005 Apri/2, 2001 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 01-007 may be reviewed on an annual basis, or more often if necessary, by the Community Development Director. The Community Development Director shall review the use to ascertain compliance with conditions of approval. If the use is not operated in accordance with Conditional Use Permit 01-007, or is found to be a nuisance or negative impacts are affecting the surrounding neighborhood, the Community Development Director shall impose additional conditions to eliminate the nuisance or negative impacts, or may initiate proceedings to revoke the Conditional Use Permit. (5) 2.6 Ingress and egress (access to the site for growers) shall be from Third Street or EI 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 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 Director. All treatments shall be maintained regularly to ensure that dust is adequately controlled. (5) 3.2 The two driveways located on EI Camino Real shall be barricaded during the operation of the farmers' market to preclude the use of the driveways for entrance onto the site. (5) 3.3 A sufficient trash bin with locking device shall be located on the extreme north end of the property directly adjacent to the paved private alley, and maintained to avoid health issues for neighboring residences and businesses. The trash bin shall be locked at the end of the operations of the farmers' market by the Farm Bureau. The trash bin contents shall be removed by the end of the following day of the farmers' market, or in less time should odor from rotting food in the trash bin become a problem as determined by the Community Development Department. The refuse contractor shall relock the trash bin after emptying the contents. ExhibitA Zoning Administrator Action 01-005 April 2, 2001 Page 3 (5) 3.4 A portable toilet shall be located on the extreme north end of the property directly adjacent to the paved private alley, and maintained to avoid health issues for neighboring residences and businesses. Said portable toilet shall be delivered to the site on the day of the farmers' market and shall be removed from the site by the end of the following day of the farmers' market. SIGNS (5) 4.1 Directional signage within the public right-of-way on Main Street and First Street is permitted on the two market days. (5) 4.2 All signage shall be reviewed and approved by the Community Development Director. (5) 4.3 Growers shall not be required to obtain temporary sign permits for individual business identification signs or product identification signs. FEES (1) 5.1 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 $43.00 (forty-three 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.