AgdaPkt 2005-10-24 - Laserfiche WebLink

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C'//!-'O¿¡} . '. . 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 Planning 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 reviewèd various aspects of these uses including parking, lighting, hours, noise, and traffic contról, 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. The Zoning Administrator determined that Use Permits are necessary in order to 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 under the impression that the operation of the lot at 150 EI Camino Real was improving. Subsequently, in October 2004, Planning staff learned that the lack of complaints in 2003 was actually not consistent with the neighbors' experience that year. In fact, several neighbors of 150 EI Camino Real submitted a range of complaints and evidence in the form of photographs and video of code violations to the Zoning Administrator. The Zoning Administrator reviewed the information, conducted multiple site visits including eyenings and weekends, and worked with other City staff members that also had been called to the site. After a thorough review of the information, the Zoning Administrator held a public hearing on the use in November 2004 (after the conclusion of the pumpkin patch and before the commencement of the tree lot in that year). That public hearing resulted in modification to the Use Permit, which was issued with 43 Conditions of Approval. Staff has received input from neighbors that the impacts of the use were reduced, but that full compliance to the conditions of approval was not achieved and that the use continued to over- burden their low density single-family residential neighborhood and associated street system. With respect to concerns regarding the impacts of the use related to noise, lighting, signage, and sight distance, the Zoning Administrator has determined that they can probably be reduced to a less than significant level though strict compliance to