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HomeMy WebLinkAboutCUP 01-007 iJATE: TO: FROM: SUBJECT: APRIL 2, 2001 ~ Inter-Com'}; : ,oS'\: ZONING ADMINISTRATOR 1 COMMUNITY DEVELOPMENT DEPARTMENT APPLICANT: CONDITIONAL USE PERMIT 01-007 PROPERTY OWNER: LOCATION: ZONING: PHILIP K. COX, CHAIRMAN TUSTIN OLD TOWN ASSOCIATION P.O. BOX 970 BROOKINGS, OR 97415 JOHN A. PRESCOTT 530 EAST FIRST STREET TUSTIN, CA 92780 250 SOUTH PROSPECT AVENUE CENTRAL COMMERCIAL DISTRICT (C-2) ENVIRONMENTAL STATUS: 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). TO REPLACE RESOLUTION 3201 TO ALLOW AN OUTDOOR CERTIFIED FARMERS' MARKET ON SATURDAYS AND WEDNESDAYS REQUEST: RECOMMENDATION To adopt Zoning Administrator Action No. 01-005 which replaces Resolution No. 3201 allowing an outdoor certified farmers' market on Saturdays and Wednesdays. BACKGROUND Site and Surrounding Conditions The vacant site is located on the north side of Third Street between Prospect Avenue and EI Camino Real. (Attachment A - Location Map). The site is within the Town Center Redevelopment Project Area and the Cultural Resources Overlay District. Surrounding uses include a mobile home park to the east, office use and a preschool to the west, a retail, office and residential to the north, and a vacant lot and retail to the south. Zoning Administrator Report CUP 01-007 April 2, 2001 Page 2 DISCUSSION The applicant is requesting that Condition No. 2.1 of Resolution 3201 approved by the Planning Commission on November 8, 1993, be modified to include Saturdays in addition to Wednesdays, to conduct an outdoor certified farmers' market (Attachment B - Resolution 3201). The applicant's intent in adding a second market day is to attract additional patrons in the Tustin area that cannot normally attend the Wednesday market due to work or school. The current hours of operation for the Wednesday farmers market are 9:00 a.m. to 1 :00 p.m. and these are the proposed hours of operation for the Saturday farmers market. Condition No. 2.1 of Zoning Administrator Action 01-005 modifies the approved hours of operation from 10:00 a.m. to 2:00 p.m. to 9:00 a.m. to 1 :00 p.m. Some of the parking and site preparation conditions required in Planning Commission Resolution No. 3201 are proposed to be eliminated or modified given current conditions. Wrought iron fencing has been constructed between the residential property to the north and chain link along the alley and the commercial lot to the north. Therefore Conditions Nos. 3.3 and 3.4 of Resolution No. 3201 (Attachment B) requiring fencing and a buffer for parked cars have been eliminated. Also, the typical tent used by the growers does not exceed 400 square feet. Orange County Fire Authority regulations would automatically require inspection of any tent greater than that size. Therefore, Condition No. 3.7 of Resolution 3201 (Attachment B) has been eliminated. Condition No. 3.8 of Resolution No. 3201 (Attachment B) which requires red curbing adjacent to the site access has been implemented by the City of Tustin and, therefore, has been eliminated. Sions Currently temporary directional signage is located on Main Street and First Street on the day of the farmers' market. Condition 3.1 of Zoning Administrator Action 01-005 would allow this temporary directional signage twice a week for both market days (Attachment C). Condition No. 4.2 of Zoning Administrator Action 01-005 requires that all signage except for growers individual business and product identification signs in Condition No. 4.3, be reviewed and approved by the Community Development Director (Attachment C). Therefore, Conditions No's. 4.2, 4.3, 4.4, 4.5 and 4.7 of Planning Commission Resolution 3201 have been eliminated (Attachment B). ANALYSIS In determining whether to approve the Conditional Use Permit, the Zoning Administrator must determine whether or not the proposed use will be detrimental to the health, safety, morals, comfort and general welfare of the persons residing in or working in the neighborhood or whether it will be injurious or detrimental to property or improvements in the vicinity or to the welfare of the City. Zoning Administrator Report CUP 01-007 April 2, 2001 Page 3 A decision to approve this request is supported 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 lot to the north of the subject site. 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 R1UDAT 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. Zoning Administrator Report CUP 01-007 April 2, 2001 Page 4 10. Two (2) market days a week will not create any traffic, parking or noise impacts beyond the impacts mitigated through conditions of approval. ~1tf~ L A. udi Associate Planner ~. t f.-{ vcr-- Karen Peterson Senior Planner ZAreport:cup01-007.doc Attachments: A - Location Map B - Resolution 3201 C - Zoning AdministratorAction 01-005 ATTACHMENT A Location Map " I r-', J J LOCATION MAP/// I L\ ,- , ) ,/ r-v.. ! CUP Ot-001- d-.50 s. Prospect farYv18V's H~ Kc:+ fr'OJect Siie . ~;:~.. .. :ll 0 In .. '" m 0 -< ~ < " m 225 ~ ~ ~ m 7 ATTACHMENT B Resolution 3201 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 241 1 25\ 26 I 27 28 j RESOLUTION NO. 3201 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF TUSTIN, APPROVING CONDITIONAL USE PERMIT 93-034 AUTHORIZING AN OUTDOOR CERTIFIED FARMERS ,. MARKET ONCE A WEEK, AND APPROVING SIGN. CODE EXCEPTION 93- 003, RELATED TO CERTAIN PERMIT'l'E~ SIGNAGE FOR THE CERTIFIED FARMERS' MARKET TO BE LOCATED AT THE VACANT LOT LOCATED ON THE NORTH SIDE OF THIRD STREET BETWEEN EL CAMINO REAL AND PROSPECT STREET. The Planning Commission of. the city of Tustin does hereby resolve as follows: 1. The Planning Commission finds and determines as follows: A. That a proper application, Conditional Use Permit 930-34, and sign Code Exception 93-003 has been filed by the Orange County Farm Bureau requesting authorization. to establish an outdoor certified farmers' market with temporary signs including pricing information located at the vacant lot located on the north side of Third street between El Camino Real and Prospect Street. B. A public hearing was duly noticed, called and held for said application on November 8, 1993 by the Planning Commission. C. That the 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, nor 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: 1. The operation of the certified farmers' market would be temporary as it would be set up and removed on the same day. Operation of the market itself would be for limited hours. 2. The portable toilet would be removed by 5:00 p.m., the next day after the farmers' market. The trash bin would be locked right after the I farmers' market by the Farm Bureau, and the contents of the trash bin would be removed and relocked by Great Western Reclamation by 5: 00 ...1. p.m., the next day after the farmers' market. 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 2] 22 23 241 I 2511 26 27 28 Resolution No. 3201 Page 2 5. 6. 3. Mitigation measures h~vebeen included in the conditions of approva.l' .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 to the north of the subject site. Furthermore, this residence would be separated with a fence, erected immediately to the south of the north property line of the subject site on which the farmers' market would operate. 4. Surrounding properties would be protected from dust on the unimproved lot by mitigation measures. At minimum, 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 Department 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 Department Director. All treatments shall be maintained regularly to ensure that dust is adequately controlled. The operation of the certified farmers' market would provide a service to the persons residing and working in the neighborhood by furnishing fresh produce grown in and around the area once a week. An outdoor farmers' market conducted once 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. 7. Furthermore, an outdoor farmers' market conducted once 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, and therefore, would not set a precedence. 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 241 25 2G 27 28 J Resolution No. 3201 Page 3 Pursuant to city of Tustin.Sign Code section 9405c, the request to authorize tfi~ following exceptions: an exception from sign Code section 9403b1. (a) , which requires that all banners shall be professionally made, and section 9404a2 which prohibits nondurable signs; section 9404a1. (n) , which prohibits signs attached to parked vehicles (excepting auto-for-sale signs); Section 9404a1. (q), which prohibits service; product and pricing signs; section 9403d10, which permits permanent directional signs not exceeding six square feet in size, and Section 9403d11. (d), which prohibits temporary directional signs from providing directions to special events or any business, service or trade, can be supported by the following findings: D. 1. The nondurable signs anticipated to be used by the growers for business identification would be limited to 32 square feet in size, thus meeting the maximum size allowed by the Sign Code. Growers business identification signs! would be required to be firmly fixed to a display, canopy or vehicle. Placement restrictions of the Code which require that signs do not .exceed 12 feet in height, and that signs be securely affixed would be as closely followed by the farmers' displays as possible. However, a sign code exception would assure that the special needs of the outdoor market would be met. 2. The intent and purpose of the sign regulations is to promote effective business identification through the regulation and design of signs. Nondurable signs, signs attached to parked vehicles (excepting auto- for-sale signs), and service, product and pricing signs are prohibited by the sign Code, however, the intent of this section is to regulate signs that may be displayed for up to 30 days, signs that may be attached to vehicles within the public right-of-way, and permanent or temporary signs that provide \ primary signage for business identification. The nature of the anticipated signs for the farmers' market is different than those signs prohibited in the Sign Code, as the farmers' market signs would be displayed for one day; 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 I 2411 251 I 2G 27 28 Resolution No. 3201 Page 4 4. . would be displayed on private property attached to vehicles 'u~ed to display produce instead of vehicles parked in the pUblic right-of-way; and would provide basic pricing information such as that pricing information that is found in an indoor market. Non- durable signs would be permitted for the certified farmers' market as part of the farmers' displays only. Non-durable signs would be required to be maintained in an orderly manner. Frayed or shabby signs would be required to be replaced. Growers would not be required to obtain temporary sign permits for their business identification signs, however, the Community Development Department could request the removal of a sign that does not meet the above requirements. Granting the sign code exception would not set a precedent, as the certified farmers' market. would be unique in the City of Tustin. 3. There are special circumstances unique to the property to justify the exception. The site is vacant, and the intended use is unique in that it is an outdoor market that would occur once a week. There are no structures on the site to house a business which would be required to conform to the Sign Code. Therefore, allowing an exception for the farmers' market would not be granting special privileges to the applicant that are not enjoyed by other similar uses in the surrounding area, as the certified farmers' market would be unique in Tustin. Granting the exception will not have a negative impact on surrounding properties, in that the signs would be set up on the day of the farmers' market, and would be removed on the same day. Furthermore, the certified farmers' market would be managed by the Farm Bureau which would ensure that the site would be free of debris prior to leaving the site after each farmers' market. 5. The temporary signs anticipated to be displayed by farmers' selling their produce at the certified farmers' market would not be detrimental to the public health, safety 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 Hi 17 18 19 20 21 22 23 241 I 251 2G i J Resolution No. 3201 Page 5 welfare, and aestheti9s of the community since they would be set up and removed on the same day. The temporary signs.would provide basic pricing information for the farmers at the outdoor market, similar to the pricing information that is found in an indoor market setting. However, the exception would not set a precedent as the certified farmers' market would be a unique outdoor event: that occurs once a week in the City of Tustin. Granting the exception would meet the findings and intent of the Sign Code because the exception would allow each farmer to provide adequate business and product identification as permitted by the Sign Code. Granting the exception would make feasible the objective of the R/UDAT and Charrette participants who identified a farmers' market as a desirable element that would strengthen Old Town's role as the heart of the community. E. This project has been determined to be Categorically Exempt (Class 4) pursuant to Section 15304 of the California Environmental Quality Act. 27 28 \ 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 241 I 2.') 26 27 28 1 Resolution No. 3201 Page 6 II. The Planning commission hereby approves Conditional Use Permit 93-034 authorizing the establishment of a farmers' market located at the vacant lot located on the north side of Third street between EI Camino Real and Prospect street, and approves Sign Code Exception 93-003, subject to the conditions contained in Exhibit A, attached hereto. PASSED AND ADOPTED at a regular meeting of the Tustin Planning Commission, held on the 8th day of November, 1993. KA~wJ Chairperson ~~ KATHLEEN CLAN Y Secretary STATE OF CALIFORNIA COUNTY OF ORANGE CITY OF TUSTIN I, KATHLEEN CLANCY, .the undersigned, hereby certify that I am the Recording Secretary of the Planning Commission of the City of Tustin, California; that Resolution No. 3186 was duly passed and adopted at a regular meeting of the Tustin Planning Commission, held on the 8th day of November, 1993. ~CL~-r Recording Secretary EXHIBIT A CUP 93-034, SCE 93-003 CONDITIONS OF APPROVAL RESOLUTION NO. 3201 GENERAL (1.) 1.1 The proposed project shall substantially conform with the submitted plans for the project date stamped November 8, 1.993, on file with the Community Development Department, as herein modified, or as modified by the Director of Community Development Department in accordance with this Exhibit. The Community Development Department Director may make minor modifications to the plan if such modifications are consistent with applicable Code provisions. (1.) 1.2 Approval of Conditional Use Permit 93-034 is contingent upon the applicant and property owner signing and returning an "Agreement to Conditions Imposed" form, as established by the Director of Community Development. (1.) 1.3 The applicant shall hold harmless and defend the city of Tustin from all claims and liabilities arising out of the ci ty' s approval of the entitlement process for this project. (1.) 1. 4 The applicant shall obtain all necessary permits from the County of Orange Health Care Agency. USE RESTRICTIONS (5) 2.1 The farmers' market shall be operated on Wednesdays between the hours of 1.0: 00 a.m. and 2: 00 p.m. Any modification to the hours of operation or to the day of operation, not to exceed a total of four hours per market day, 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 weekly event 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 CODEjS DESIGN REVIEW (5) RESPONSIBLE AGENCY REQUIREMENT (6) LANDSCAPING GUIDELINES (7) PCjCC POLICY *** EXCEPTION ~. Exhibit A- CUP 93-043, SCE 93-003 Conditions of Approval Resolution No. 3201 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 rig?t-of-way. The applicant will be responsible for repa~r of any damage to public facilities within the public right-of-way caused by the operations. (5) 2.5 Conditional Use Permit 943-034 is granted for a one year time frame. The Commission will review operations annually and may, by resolution extend term of operations annually without a pUblic hearing. (5) 2.6 Ingress and egress (access to the site for growers) shall be from Third Street or from 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 Department 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 Department 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 with orange traffic cones during the operation of the farmers' market to preclude the use of the driveways for entrance onto the site. (5) 3.3 Orange traffic cones shall be set up at 10 feet on center from east to west, 25 feet south of the north property line along a parallel line of the 100 foot wide portion of the unimproved lot facing Prospect every week to provide a setback for the residential property at 240 South Prospect. Cones shall also be located parallel to the private paved alley between the east-west traffic cones and the northern property lines. Exhibit A- CUP 93-043, SCE 93-003 Conditions of Approval Resolution No. 3201 Page 3 (~- (5) 3.4 A minimum solid six foot high fence, chain link fence wi th screening or wrought iron fence with screening, shall be installed south of the northerly property line of the vacant lot adjacent to the residence at 240 South Prospect Street to separate the residence from the parking ,area. Final design and details of the fence shall be subject to the review and approval of the Community Development Department Director. (5) 3.5 A sufficient trash bin with locking device shall be located on the extreme north end of the property directly adj acent to the paved alley, and maintained to avoid health issues for neighboring residences. The trash bin contents shall be removed by 5:00 p.m. the following day of the farmers' market each week, or in less time should odor from rotting food in the trash bin become a problem as determined by the Community Development Department. (5) 3.6 A portable toilet shall be located on the extreme north end of the property directly adjacent to the paved alley, and maintained to avoid health issued for neighboring residences. Said portable toilet shall be delivered to the site on the day of the farmers' market, and shall be removed ,from the site by 5:00 p.m. the fOllowing day of the farmers' market. (5) 3.7 All tents and canopies shall be treated for fire retardancy and listed by the state Fire Marshal. The applicant shall obtain a permit from the Orange County Fire Department for any tents or canopies having an area in excess of 400 square feet. (5) 3.8 The applicant shall install 30 feet of red curb east of the designated vehicular entrance for the farmers' market on Third Street, and 10 feet of red curb west of the designated vehicular entrance on Third Street to provide adequate sight distance in conjunction with the operation of the proposed vehicular entrance to the site. SIGNS (5) 4.1 signs and advertisements for the farmers' market are prohibited within the public right-of-way. Exhibit A- CUP 93-043, SCE 93-003 Conditions of Approval Resolution No. 3201 Page 4 (5) 4.2 A maximum of two event banners advertising the certified farmers' market shall be permitted on the subject property conforming to all requirements of the City of Tustin Sign Code. Said banners shall be mounted on poles, and shall not exceed twelve feet in height. Event banners shall be professionally made and constructed of cloth, canvas, plastic, PVC or similar material, and have sli ts for proper wind resistance, where necessary. Event banners may be a maximum of 32 square feet in area with a maximum sign height or vertical dimension of six feet. One event banner on EI Camino Real and on banner on Third Street shall be allowed. (5) 4.3 A Temporary Sign Permit shall be obtained annually for all event banners. Event banner location, copy, and size shall be specified, and shall be subject to the review and approval of the Community Development Department. (5) 4.4 Growers shall be permitted to display one business identification sign. Grower business identification signs shall also be permitted to display service, product and pricing information. Business identification signs shall be a maximum of 32 square feet in area, and shall not be affixed at a height greater than a maximum of 12 feet. Grower business identification signs shall be permitted to be attached to vehicles that are used as part of the product display on a canopy or on an area that is part of the grower's display. Non-durable signs shall be permitted for business identification for growers only providing products at the certified farmers I market as part of a growers' displays only. Non-durable signs shall be maintained in an orderly manner. The Community Development Department shall reserve authority to request that frayed or shabby signs shall be removed or replaced. (5) 4.5 Grower display signs affixed to produce, or on a product in a grower display area identifying the pricing and other information shall be permitted. Signs affixed to produce or other products shall not be limited in number, however, they shall not exceed a maximum of one square foot in size each. Exhibit A- CUP 93-043, SCE 93-003 Conditions of Approval Resolution No. 3201 Page 5 (5) 4.6 Growers shall not be required to obtain temporary sign permits for individual business identification signs or product identification signs, however, the Community Development Department may request the removal of a sign that does not meet the conditions contained in this exhibit. (5) 4.7 No sign component shall flash, blink, or be otherwise animated. Such animation is strictly prohibited. CBS:br ATTACHMENT C Zoning Administrator Action No. 01-005 ZONING ADMINISTRATOR ACTION 01-005 CONDITIONAL USE PERMIT 01-007 2 3 The Zoning Administratorof the City of Tustin does hereby resolve as follows: 4 I. 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 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. In 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 lot to the north of the subject site. Zoning AdministratorAction 01-005 April 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 Administrator Action 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 8 9 Elizabeth A. Binsack ZONING ADMINISTRATOR 10 Eloise Harris RECORDING SECRETARY 11 12 13 14 15 STATE OF CALIFORNIA) 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. 20 21 ELOISE HARRIS 22 Recording Secretary 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 CODElS DESIGN REVIEW EXCEPTIONS (5) (6) (7) RESPONSIBLEAGENCY REQUIREMENTS LANDSCAPING GUIDELINES pcrcc POLICY *** ExhibitA Zoning Administrator Action 01-005 April 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 shallload/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.