HomeMy WebLinkAboutItem 03 Letter of ConernRECEIVED
Issues of concern for Tustin Planning Commission's Consideration PFT 0 9 2012
Conditional Use Permit 2012-010 COMMLINffY DEVELOeWNT,
for 24 Paid Events per year in a Residential Area. BY:
Monday, October 8t', 2012.
1 recently became aware of the application for Conditional Use Permit 2012-
010 and would like my concerns about this permit to be entered into the public
record, per the Public Notice 9513505, such that any future legal challenges to
this permit might be recognized in any and all future actions against the subject
property, the owners, City, and conditional use permit. For the purposes of this
letter I will refer to Mr. Demoratz and Mr. McPherson as the Event Planners.
I initially had many concerns about the project, but after reading through
Resolution #4207 Exhibit A I endorse its complete adoption and application to
the project along with some proposed additions.
Parking problems and issues on Pasadena and the surrounding streets:
While Res 4207 exhibit A addresses some parts of the issue, there are still
serious concerns about the parking problems surrounding the events, specifically
in light of the LACK of parking enforcement shown during the last few events
which had NO EVENT PARKING signs posted. Those signs were largely
ignored by the event attendees as well as the parking attendants and parking on
the street for the residents of the northern cul de sac end of Pasadena was
greatly impacted. The northern residences do not have driveway areas for
private parking the way all the southern residences have.
It would seem to be a fairly easy item to enforce by valet attendants. Simply
post someone at the "T" of Pasadena and Myrtle and watch the parking activities.
If someone parks a car and goes into a residence, they belong on the street. if
they park and walk to the event site, they need to be turned back by the
attendants, yet this HAS NOT taken place during past events.
Res. #4207 exhibit A states that there will be NO parking allowed on
Pasadena Ave and the surrounding streets, yet there is no mention of the
methods expected to rectify the situation, fees, fines, City actions, nor any
mention of How to rectify the situation. Who are the residents to call when a
driver that is clearly attending the event has decided to ignore the signs? Is this
a police matter? Assuming that they would want to be responsible for the
attendees at the event, I feel that the Event Planners should publish a list of
contact phone numbers to all residents of Pasadena, 2nd and Myrtle street twice
a year which states who to contact in the event there are issues with any aspect
of the event, Noise, parking, public intoxication, etc. In this manner the residents
could inform them of any violations witnessed and they could announce, for
example, that a vehicle with a specific license number was about to be towed,
cited, etc. If the residents contact the Police department seeking resolution on
an illegally parked vehicle, will the vehicle be towed, cited, fined, given a
warning? Section 2.16 only states that the event planners will be fined if they
give out the event site address on their invitations, but says nothing of any fines,
fees, towing, etc. that will actually occur for the violations. If the vehicle isn't
allowed it should be towed because that would be the only resolution to the
parking problems faced by the residents.
Therefore I feel that the remediation for offenses and the process for reporting
offenses need to be defined clearly in Res. #4207 Exhibit A or the CUP.
Private versus Public or For Hire events: The application calls for a
maximum of 24 PAID events per year—that leaves 341 days for NODI PAID
events. As all the residents of Pasadena avenue are well aware, there has been
a plethora of NON -Paid events held in the past, whether for Garden Clubs,
Conservancies, Tustin Community Foundations, Charities, etc. with all good
intentions and outcomes, except for the residents of the northern Cul de Sac of
Pasadena and 2nd St. It is hoped that the Planning Commission recognizes that
once a license has been given for the subject property to become a commercial,
or paid for, facility, that ALL events, whether paid for or not, are subject to all
terms of the Permitted enterprise, much as it would for a Church either holding
service on a Sunday or a mid week bake sale, and that the Planning Commission
seriously considers limiting the TOTAL amount of Events, Paid or Not, at the
subject site to some number per year. Appendix A uses the term "Paid Events"
profusely throughout the exception declarations, leaving non -paid events open
for interpretation. The application is also vague about exactly what kind of
events are to be held as it is worded "such as" It would be in the best interests of
the community that the City further defines the exact type of events that will be
allowed. ("..24 Paid events per year SUCH AS Weddings and Banquets...") — I
do not know if there is any Tustin Code which limits how many party events or
persons in attendance per year which apply to private citizens, but if there is one
it would seem that those codes and conditions should apply.
It is hoped that even if the Conditional Use Permit is not granted, that the City
and the Planning Commission recognizes the impact these events have had and
will have on the residential neighborhood and the residents along with the
parking problems these events pose and propose limiting the amount of non paid
events that the Event Planners can host per year.
After all, the city limits the number of Yard or Garage sales a Family
Residence can host to four events per year! The Wilcox Manor events impact
far more residents and for a much longer time period than most garage sales.
I have been a resident of Pasadena Ave for over 20 years now, and have been
through the freeway widening, the several upgrades to the streets, the test Well
drilling, the final Well Drilling, the final Well planning and construction and many
other disturbances. While many have been irritating and have impacted the
peace, quiet and parking of the area, all have had a definitive start date and end
date - none have the repeat effect of week after week that 24 paid for and who
knows how many private events will have on the area, year after year. Most of
the residents I have spoken to all agree, we would just like some Peace, Quiet,
and Parking on our street!
While Mr. Demoratz' and Mr. McPherson's Community service, Fund Raising
and generosity along with the numerous favors they have bestowed are not in
question, establishing this facility in the neighborhood without any regard for the
impact they have had on the residents of the northern cul de sac section has
been a very large NEGATIVE impact they have had on the area. It is hoped they
will be very successful, hold true to the terms of the CUP, and extend their sense
of civic responsibility to ALL of the Pasadena Ave. residents.
Sincerely,
Robert I. Nason
155 Pasadena Ave.
Tustin, CA. 92780