AgdaPkt 2005-10-24 - Laserfiche WebLink

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. ð/! ~I appropriate of Conditions of Approval. In fact, for example, site distance visibility issues were significantly resolved in 2004 through site plan modification. Be that as it may, other significant impacts remain. Thus, the Zoning Administrator has denied the use based on the following findings and related facts: FINDINGS: 1. The establishment, maintenance, and operation of the proposed use is highly likely to, under the circumstances of this case, be detrimental to the public health, safety, peace, morals, comfort, or genera.! welfare of persons residing or working in the neighborhood because of thè following: . Parking N Fact: There is no on-site customer parking provided for this use at this site. Parking is required for virtually all other land uses within the City and parking is proYided at the other pumpkin patches and tree lots located within the City. Since there is no on-site parking, there will be parking impacts on adjacent residential streets, especially Avondale Avenue. . Deliveries N Fact: This site cannot accommodate on-site deliyeries; consequently, deliveries from the right-of-way must either be made from EI Camino Real in a "red zone" or on Avondale, a single-family residential street, which is not designed or designated to accommodate truck traffic. Despite the provision of traffic control personnel (e.g. "flaggers") and neighbor notification prior to deliveries in 2004, the operator still cannot fully control delivery times and the condition of lane blockage on ECR and/or use of Avondale remains and cannot be adequately mitigated. . Duration of Use N Fact:: In total, this site has been in use as a pumpkin patch and/or tree lot for about two and one-half months per year for the past nine years, which is almost twenty months during that time period. This duration is significantly longer than typical temporary uses (e.g. weekend car sales lots on other properties totaling on ayerage four to six days per year) and thus the Zoning Administrator can no longer make the finding that the use is "short-term" in duration. . Site Condition N Fact: This site is simply too small to accommodate parking and service needs without imposing on the adjacent neighborhood for a significant period of time. 2. There is a high probability that the establishment and operation of the proposed use will be detrimental or injurious to the general welfare of the City because of the following: . Deliveries N Fact: As preyiously stated, this site cannot accommodate on- site deliveries. In this case, the right-of-way is encroached upon and thus safety is likely compromised. . City Staff Code Enforcement tV Fact: Past history indicates that despite some positive efforts made by the applicant, insufficient conformance resulted in continued substantiated complaints. It is the Zoning