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HomeMy WebLinkAboutPC RES 3801l0 t3 ]4 ]6 t7 20 2! 24 ?-5 2.7 28 RESOLUTION NO. 3801 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF TUSTIN, APPROVING CONDITIONAL USE PERMIT · 01-022 AUTHORIZING THE ESTABLISHMENT OF TEMPORARY AGRICULTURAL OPERATIONS ON VACANT PROPERTIES LOCATED TO THE NORTHWEST OF THE INTERSECTION OF VALENCIA AND DEL AMO AVENUES (ORANGE COUNTY PRODUCE, LLC) he Planning Commission does hereby resolve as follows' The Planning Commission finds and determines as follows: A. That a proper application was filed on August 6, 2001, by AAE Pacific Park Associates, LLC, for Conditional Use Permit 01-022 requesting authorization to establish temporary agricultural operations on vacant properties located to the northwest of the intersection of Valencia and Del Amo Avenues, and more specifically identified as Assessor Parcel Numbers 430-251-01, 02, and 03 and 430-251-06, 07, 08, 09, and 10. B,, .That the subject properties are located within the "Regional Center' and "Office Center" land use planning areas of the Pacific Center East Specific Plan. Gl That agricultural uses are not listed as permitted or conditionally permitted uses in the "Regional C'enter~' or "Office Center" land use planning areas of the 'Pacific Center East Specific Plan (PCESP Sections 4.3(E) and 4.4(E)). D. That pursuant to the Pacific Center East Specific Plan Sections 4.3 and 4.4, the Director of Community Development determined that the proposed temporary agricultural use may be conditionally permitted by the Planning Commission. El That a public hearing was duly called, noticed, and held on said application on September 10, 2001, by the Planning Commission. · F. That the temporary 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 properties, or to the general welfare of the City of Tustin, as evidenced by the following findings: · The establishment of a temporary agricultural use is appropriate as an interim use as the area develops and the temporary conditional use permit will expire at such time the City determines that the use is no longer appropriate for the area. Resolution No. 3801 Page 2 . The proposed use is located to the rear of the existing buildings or across existing Del Amo Avenue and Valencia Avenue, and will not interfere with business operations in the area. As conditioned, the days and hours during which agricultural operations will occur are consistent with the Noise Ordinance. , As conditioned, agricultural operations will not impact traffic or on- street parking. l0 14 5. As conditioned, agricultural operations will be conducted in accordance with applicable water and air quality regulations. Gl 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). II. The Planning Commission hereby approves Conditional Use Permit 01-022 authorizing the establishment of temporary agricultural operations on vacant properties located to the northeast of the intersection of Valencia and Del Amo Avenues, subject to the conditions contained in Exhibit A, attached hereto. PASSED AND ADOPTED by the Planning Commission of the City of Tustin, at a regular ~ meetingonthe 10th day of September, 2001. E'E~LIE A. P01~T'IOUS Chairperson ELIZABETH A. BINSACK ~.0 Planning Commission Secretary 2! 23 STATE OF CALIFORNIA ) COUNTY OF ORANGE ) CITY OF TUSTIN ) 24 25 I, ELIZABETH A. BINSACK, the undersigned, hereby certify that l am the Planning Commission Secrotary of the City of Tustin, California; that Resolution No. 3801 was duly passed and adopted at a regular meeting of the Tustin Planning Commission, held on the 10t" day of'September, 2001. ELIZABETH A. BINSACK · Planning Commission Secretary EXHIBIT A CONDITIONS OF APPROVAL CONDITIONAL USE PERMIT 01-022 GENERAL (1) t.1 The proposed use shall substantially conform with the submitted plans for the project dated September 10, 2001, on file with the Community Development Department, except as herein modified, or as modified by the Director of Community Development in accordance with this Exhibit. The Director of Community Development may also approve minor modifications to plans during plan check if such modifications are to be consistent with the provisions of the Tustin City Code and other applicable codes. (1) 1.2 Approval of Conditional Use Permit 01-022 is contingent upon the applicant and property.owner and applicant signing and returning to the Community Development Department within seven (7) days of approval, a notarized "Agreement to Conditions Imposed" form and the property owner signing and recording with the County Clerk-Recorder a notarized "Notice of Discretionary Permit Approval and Conditions of Approval" form within seven (7) days of approval. The forms shall be established by the Director of Community Development, and evidence of recordation shall be provided to the Community Development Department. (1) 1.3 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) 1.4 Any violation of any of the conditions, imposed is subject to th.e imposition of a civil penalty of $100.00 for each violation and each day the violation exists. 1.5 The applicant shall be responsible for costs associated with any necessary code enforcement action. (1) 1.6 The Community Development Department shall conduct an annual review, as needed, to determine whether the temporary agricultural use is appropriate for the area in which it is located. If the Community Development Director determines the..use is no longer appropriate, the Community Development Department shall send a one hundred and twenty-(120) day written notification to the property owner (S) and applicant 'SOURCE CODES (2) (3) (4) STANDARD CONDITION CEQA MITIGATION UNIFORM BUILDING CODE/S DESIGN REVIEW (s) (6) (7) RESPONSIBLE AGENCY REQUIREMENT LANDSCAPING GUIDELINES PC/CC POLICY EXCEPTION Exhibit A Conditions of Approval Resolution No. 3801 Page 2 indicating that the 'use has been determined to be expired and the use shall be vacated. Upon expiration of Conditional Use Permit 01-022, the applicant shall restore the site to its original condition and submit written verification of clean soil conditions to the Community Development Department. Within seven (7) days from approval, the property owner(s) and applicant shall grant written authorization to the City of Tustin to ensure removal of a~lricultural crops and equipment, authorize ent~ onto the owner's property, and post a cash bond or equivalent surety~of $7,000.00 for the estimated costs of removal of the agricultural crops and equipment upon the expiration of this permit if the applicant and/or property owner does not remove crops and equipment from the site. The City of Tustin may dispose of said crops and equipment in a manner acceptable to the City of Tustin. PLAN SUBMITTAL (1) 2.1 Prior to the establishment of any'agricultural activity, the City of Tustin will ensure physically identify and mark in the field' needed future right-of-way areas and construction easement areas for the extension of Newport Avenue, the new SR-55 ramp work, and the realignment of Del Amo ("Improvements") as it relates to the subject area proposed for agricultural use. Upon completion of the field identification and marking of Improvements, the applicant shall sUbmit a site plan showing the location of the agricultural activity pursuant to this temporary Conditional Use Permit, provided that no agricultural activity shall be located in areas proposed for Improvements. Agricultural activity shall include crop plantings and irrigation facilities, and all other activities related to the agricultural use. The Community Development and Public Works Departments shall review and approve the plans and any substantial modifications prior to commencement of or during agricultural operations. USE RESTRICTIONS ,, (5) 3.1 Agricultural operations on the site shall be limited to the hours of 7'00 a.m. and '6:00 p.m. on weekdays and 9'00 a.m. to 5'00 p.m. on Saturdays, consistent with Tustin City Code Section 4617(g). No operations shall occur on Sundays or City-observed Federal holidays unless a special · exception is granted by the Community Development Director. 3.2 Farming equipment and supplies may be used on the site during the days. and hours when agricultural operations may occur as specified in Condition No. 3.1. At all other times, equipment and supplies shall be stored in an off-site location. The applicant shall identify the proposed location prior to commencement of operations. Exhibit A Conditions of Approval Resolution No. 3801 Page 3 (2) 3.4 (2) 3.5 (2) 3.6 (2) 3.7 (2) 3.8 (5) 3.9 Parking of vehicles related to the agricultural operation shall occur on site during allowed hours of operation. This operation shall comply with all applicable provisions of the City of Tustin Water Quality Ordinance and all Federal, State, and Regional Water Quality Control Board rules and regulations. The use of post-emergent herbicides in and near the storm water drainage system or watercourses shall be minimized. All chemicals used must be applied and stored in compliance with the Federal, State, and local pesticides/herbicide use regulations. All necessary precautions and preventative measures shall be in place to prevent material from being washed away by surface waters or blown by wind. These controls shall include a minimum of regular wetting of surface or other similar wind control methods. Detention basin(s) or other appropriately sized barrier surface flow must be installed at the discharge point(s) of drainage from the site. Any water collected from these controls shall be appropriately disposed of at a disposal site: These measures shall be added as general notes on the site plan and a statement added that the operator is responsible for ensuring that these measures continue to be effective for the duration of the temporary use. Appropriate controls shall be installed to prevent all materials from being tracked off site by vehicles or other means. These controls may include gravel exits or wash-down areas. Any materials tracked off site must be removed as soon as possible, but no later than the end of the operation day. This material shall be disposed of at an appropriate disposal site. These measures shall be added as general notes on the site plan and a statement added that the operator is responsible for ensuring that these measures continue to be effective during the duration of the temporary use, The applicant shall comply with the City and South Coast Air Quality Management District policies for this use, including periodic watering of the site and prohibiting any plowing during second stage smog alerts and when wind velocities exceed fifteen (15) miles per hour. The subject property shall be maintained in a safe, clean, and sanitary condition at all times. 'The applicant shall be responsible for the daily maintenance and upkeep of the facility, including .but not limited to trash' removal, weed removal, erosion, water, and maintenance of improvements to ensure that the facility is maintained .in a neat and attractive manner. Exhibit A Conditions of Approval Resolution No. 3801 Page 4 (1) 3.10 Agricultural operations shall be conducted in such a manner to avoid damage to physical markers placed on the site to identify areas of future right-of-way improvements. If agricultural operations result in any damage to any of the markers used to identify future right-of-way areas, the applicant shall reimburse the City for the cost of the markers and any surveying that would be needed to m-stake the right-of-way area within seven (7) days of being notified of the cost of reimbursement by the City. *** 3.11 The applicant shall obtain commencement of operations. a City Business License prior to FEES , (1,5) 4.1 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.