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AgdaPkt 2005-10-24
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AgdaPkt 2005-10-24
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10/25/2005 11:12:23 AM
Creation date
10/20/2005 2:57:35 PM
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CC Index
CC Index - Document Type
Agenda Packet
Date
10/24/2005
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<br />tfA-b <br /> <br />comfort, or general welfare of persons residing or working in the neighborhood because <br />of the following: <br />. Parking - Fact: There is no on-site customer parking provided forthis use <br />at this site. Parking is required for virtually all other land uses within the <br />City and parking is provided at the other pumpkin patches and tree lots <br />located within the City. Since there is no on-site parking, there will be <br />parking impacts on adjacent residential streets, especially Avondale <br />Avenue. <br />. Deliveries - Fact: This site cannot accommodate on-site deliveries; <br />consequently, deliveries from the right-of-way must either be made from <br />EI Camino Real in a "red zone" or on Avondale, a single-family residential <br />street, which is not designed or designated to accommodate truck traffic. <br />Despite the provision of traffic control personnel (e.g. "flaggers") and <br />neighbor notification prior to deliveries in 2004, the operator still cannot <br />fully control delivery times and the condition of lane blockage on ECR <br />and/or use of Avondale remains and cannot be adequately mitigated. <br />. Duration of Use - Fact: In total, this site has been in use as a pumpkin <br />patch and/or tree lot for about two and one-half months per year for the <br />past nine years, which is almost twenty months during that time period. <br />This duration is significantly longer than typical temporary uses (e.g. <br />weekend car sales lots on other properties totaling on average four to six <br />days per year) and thus the Zoning Administrator can no longer make the <br />finding that the use is "short-term" in duration. <br />. Site Condition - Fact: This site is simply too small to accommodate <br />parking and service needs without imposing on the adjacent <br />neighborhood for a significant period of time. <br /> <br />2. There is a high probability that the establishment and operation of the proposed use <br />would be detrimental or injurious to the general welfare of the City because of the <br />following: <br />. Deliveries - Fact: As previously stated, this site cannot accommodate on- <br />site deliveries. In this case, the right-of-way is encroached upon and thus <br />safety is likely compromised. <br />. City Staff Code Enforcement - Fact: Past history indicates that despite <br />some positive efforts made by the applicant, insufficient conformance <br />resulted in continued substantiated complaints. It is the Zoning <br />Administrator's opinion that if this use were to function at this site again <br />staff will inevitably continue to be called to this site to enforce the <br />Conditions of Approval and control code violations. It is detrimental to the <br />general welfare of the City to focus staff time and expense on code <br />conformance for any single use with a history of repeat offense. <br />. Service Availability - Fact: There are two other open-air pumpkin <br />patches and/or tree lots in Redyvood City that have on-site parking and <br />have operated without a similar history of complaints and code <br />enforcement activity. There are also many other locations distributed <br />throughout the City where these seasonal goods are displayed and sold <br />in a wide variety of settings and price points. The general welfare of the <br />community will not be compromised if this particular business does not <br />operate from this particular site. Furthermore, this determination for <br />denying this use at this site does not preclude the applicant from making <br />6 <br />
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