AgdaPkt 2005-10-24 - Laserfiche WebLink

Browse Search

cf~4 operated. The addition of the pumpkin patch is assumed to have occurred in 1998 based on the date of issuance of the Building Permit for a temporary power pole. It should be further noted that many more complaints have been received than those that have been recorded. Building and Inspection Services staff acknowledge that they have conducted numerous site inspections as a result of neighbor complaints almost every year over the past nine years. The current Zoning Administrator has been consulted repeatedly by several of these staff members, including Code Enforcement Officers and Building Inspectors, regarding this use since 1999. In fact, the Zoning Administrator has been specifically called out to the site at least four of the past seven years (1999, 2000, 2001, and 2004). The complaints have been wide ranging and include the following: . Parking: Customer parking blocking residential driveways, double parking, parking in red zones on the EI Camino Real frontage and adjacent to fire hydrants on Avondale Avenue. . Deliveries: Trees are delivered on semi-trucks from the street. Hours of deliveries have conflicted with peak hour traffic and interfere with the operation of the right-of-way. . Duration of Use: The use is perceived by neighbors as occurring for almost three full months per year in that pumpkin patch sales commence in early October and the tree lot is not completely removed until early January with a short break between the two events in early November. As such the neighbors consider the use to not be "temporary." . Noise: Music, sales activities, and especially chain saw noise have been reported to occur during evening hours (after 8:00 PM) . Lighting: Site lighting is reported to not be adequately shielded and is bothersome to adjacent residential neighbors. . Signage: In the past, the use posts a significant number of banner signs on their barrier fence. . Site Distance: Neighbors have reported that signage and other structures near the corner of the property at the intersection of EI Camino Real with Avondale Avenue reduce visibility for drivers on Avondale Avenue as they turn onto EI Camino Real. History of Planninq Review: Prior to 2003, the City did not conduct discretionary review for pumpkin patches and tree lots. In 2000, as a response to complaints received about the subject use in 1999, Planning staff established a "Good Neighbor" handout. Planning staff reviewed various aspects of these uses including parking, lighting, hours, noise, and traffic control, and also encouraged operators to meet with the adjacent neighbors. Starting in 2003, the City began to require Use Permits in conjunction with the appointment of a new Zoning Administrator. Staff determined that Use Permits are necessary in orderto follow the regulations in the Zoning Ordinance for unenclosed uses in commercial zones; as well as to be consistent with the review of other unenclosed, non-permanent uses, such as weekend auto sales lots, which were also being processed though Use Permit review. The first year that Use Permits were required, they were granted administratively (without public hearings) since most operators would not have otherwise allowed enough time for permit processing with a public hearing since this was a new process for them. In 2004, permits for pumpkin patches and tree lots in the City were again issued administratively, including for the pumpkin patch and tree lot at 150 EI Camino Real, since there was no record of Code Enforcement activity from the previous year. At that point, City staff was 4