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HomeMy WebLinkAboutZA 95-020 / CUP 95-022 1 2 3 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: 5 I. 6 A. 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: 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. 20 21 22 23 24 25 26 27 28 Zoning Administrator Action 95-020 Page 2 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 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. 24 25 26 27 28 Zoning Administrator Action 95-020 Page 3 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 II. "17 18 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. 21 22 23 BARBARA REh--- Recording. Secretary Zoning Administrator Action 95-020 Page 4 1 2 STATE OF CALIFORNIA ) , 3 COUNTY OF ORANGE ) CITY OF TUSTIN ) 4 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. 8 9 10 BARBARA R~ Recording Secretary 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28