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HomeMy WebLinkAboutRDA 02 STEVENS SQUARE 03-17-03AGENDA REPORT Agenda Item Reviewed: City Manager Finance Director RDA 2 MEETING DATE: MARCH 17, 2003 TO: FROM: SUBJECT: WILLIAM A. HUSTON, EXECUTIVE DIRECTOR REDEVELOPMENT AGENCY STAFF LICENSE AGREEMENT FOR USE OF PARKING SPACES IN THE STEVENS SQUARE PARKING STRUCTURE AND WAIVER OF FEES - HEREDIA SUMMARY This action is to authorize the execution of a license agreement for the use of fourteen (14) parking spaces owned by the Tustin Community Redevelopment Agency in the Stevens Square Parking Structure and to waive lease fees. RECOMMENDATION It is recommended that the Agency: , Authorize the Assistant City Manager to execute a license agreement by and between the Tustin Community Redevelopment Agency and Carlos Heredia and Audrey Heredia for the use of fourteen (14) parking spaces owned by the Agency in the Stevens Square Parking Structure subject to annual review to continue the agreement by the Agency; and, 2. Approve the waiver of fees for the use of these spaces. FISCAL IMPACT The lease fees for the fourteen (14) spaces for which the waiver is requested have a cost of $6,050 per year. DISCUSSION Mrs. Audrey Heredia, owner of the McCharles House located at 335 South C Street, requested approval to add a total of 1,845 square feet of new retail space at the property, and modify the exterior south facade of the existing building. The Zoning Administrator William A. Huston License Agreement- Heredia March 17, 2003 Page 2 approved Design Review No. 01-020. One of the conditions of approval for the project required the applicant to enter into a lease agreement with the Redevelopment Agency for a total of 14 parking spaces in the parking structure. A copy of the Zoning Administrator's resolution is attached as Exhibit A. The Tustin Community Redevelopment Agency has a condominium interest in 81 parking spaces in the second level of the Stevens Square Parking Structure. The Stevens Square company owns the remainder of the condominium interest and parking spaces in the structure. A total of forty eight (48)-parking spaces have been leased to business interests in Old Town to mitigate their need for parking. The fourteen spaces being requested by the applicant will bring the number of spaces under current lease to local businesses up to sixty-two spaces. The Agency originally paid $700,099 for its interest in the parking structure and ownership of the 81 spaces. Assuming a 20-year amortization period, the Agency's normal lease rate for each space would be $36.01 per month, or $432.16 per year per space. The total lease fees for the fourteen (14) spaces requested by Mrs. Heredia would be $6,050 per year. The applicant is requesting that these lease fees be waived. The six currently active lease agreements for Agency owned spaces in the parking structure have had the fees waived by the Agency. The applicant is requesting that all lease fees be waived. Staff believes that the request of the applicant for waiver of lease fees is justified as a means of supporting the expansion of a successful business in Old Town. The applicant's business is within one block of the parking structure, meeting the Agency's concern that the use of the structure be practical for the businesses. Further, it should be noted that the use of the parking structure has historically been Iow. Christine A. Shingle,,te/~ Assistant City ManOr ,~mes C~ughon (-J Redevelopment Program Manager RDA\report~vlar 17 03 parking License Agreement Heredia.doc Attachments EXHIBIT A ZONING ADMINISTRATOR ACTION 02-001 CONDITIONS OF APPROVAL DESIGN REVIEW 01-020 GENERAL 1.1 (1) 1.2 (1) 1.3 (1) 1.4 The proposed use shall substantially conform with the submitted plans for the project date stamped January 22, 2002, on file with the Community Development Department, except as herein modified, or as modified by the Director of Community Development in accordance with this Exhibit. The Director of Community Development may also approve minor modifications to plans during plan check if such modifications are found to be consistent with the provisions of the Tustin City Code and other applicable codes. Unless otherwise specified, the conditions contained in this Exhibit shall be complied with as specified or prior to the issuance of any building permits for the project, subject to review and approval by the Community Development Department. Design Review approval shall become null and void within twelve (12) months of the date of this exhibit. Time extensions may be granted by the Community Development Department if a written request is received by the Community Development Department within thirty (30) days prior to expiration. Approval of Design Review 01-020 is contingent upon the applicant and property owner signing and retuming to the Community Development Department a notarized "Agreement to Conditions Imposed" form and the property owner signing and recording with the County Clerk-Recorder a notarized "Notice of Discretionary Permit Approval and Conditions of Approval" form. The forms shall be established by the Director of Community Development, and evidence of recordation shall be provided to the Community Development Department. The applicant shall hold harmless and defend the City of Tustin from all claims and liabilities arising out of a challenge of the City's approval of this project. SOURCE CODES (1) (2) (3) (4) STANDARD CONDITION (5) REQUIREMENT CEQA MITIGATION (6) UNIFORM BUILDING CODEIS (7) DESIGN REVIEW *** RESPONSIBLE AGENCY LANDSCAPING GUIDELINES PC/CC POLICY EXCEPTION Zoning Administrator Action 02-001 Exhibit A Page 2 PLAN SUBMITTAL (1) 2.'1 At the time of building permit application, the plans shall comply with the 1998 California Building Code (CBC), 1998 California Mechanical Code (CMC), 1998 California Plumbing Code (CPC), 1998 California Electrical Code (CEC), California Title 24 Accessibility Regulations, Title 24 Energy Regulations, City Ordinances, and State and Federal laws and regulations. (1) 2.2 Building plan check submittal shall include the following: · Seven (7) sets of construction plans, including mechanical, plumbing, and electrical drawings. · Two (2) copies of structural calculations. · Two (2) copies of Title 24 energy calculations. · Elevations that include all dimensions, materials, colors, finishes. · Roofing material shall be fire rated class "B" or better. · Details of all proposed lighting fixtures and a photometric study showing the location and anticipated pattern of light distribution of all proposed fixtures. All new light fixtures shall be consistent with the architecture of the building. All exterior lighting shall be designed and arranged as not to direct light or glare onto adjacent properties, including the adjacent streets and public alley. Wall-mounted fixtures shall be directed at a 90 degree angle directly toward the ground. All lighting shall be developed to provide a minimum of one (1) foot-candle of light coverage, in accordance with the City's Security Ordinance. · A note shall be provided on the plans stating lighting shall not produce light, glare, or have a negative impact on adjacent properties. · The location of any utility vents or other equipment shall be provided on the roof plan with cross-section details showing the installation of any rooftop equipment. Rooftop equipment shall be installed and maintained so as not to be visible from the public right-of-way. · Note on plans that no field changes shall be made without prior approval from the Building Official and architect or engineer of record. (3) 2,3 The plans submitted shall indicate that restrooms are accessible to persons with disabilities as per State of California Accessibility Standards (Title 24). Plumbing fixture units are required to comply with the 1998 California Building Code Appendix Chapter 29, as per type of group occupancy, or as approved by the Building Official. (3) 2.4 Vehicle parking, primary entrance to the building, the primary paths of travel, cashier space, sanitary facilities, drinking fountain, and public telephones shall be accessible to persons with disabilities. Zoning Administrator Action 02-001 Exhibit A Page 3 (1) 2.5 Four (4) sets of final grading plans consistent with the site plan as prepared by a registered civil engineer shall be submitted and shall include the following: · Technical details and plans for all utility installations including telephone, gas, water, and electricity. · Three (3) copies of precise soil report provided by a civil engineer and less than one (1) year old. Expanded information regarding the levels of hydrocarbons and ground water contamination found on-site shall be provided in the soil report. All pavement "R" values shall be in accordance with applicable City of Tustin standards. · All site drainage shall be handled on-site and shall not be permitted to drain onto adjacent properties. · Drainage, vegetation, circulation, street sections, curbs, gutters, sidewalks, and storm drains shall comply with the on-site Private Improvement Standards. (1) 2.6 The engineer of record must submit a final compaction report to the Building Division for review and approval prior to the issuance of a building permit. 2.7 The engineer of record must submit a pad certification to the Building Division for review and approval prior to the issuance of a building permit. (1) 2.8 A surety/cash bond will be required to assure work is completed in accordance with approved plans prior to permit issuance. The engineer's estimated cost of the grading, drainage, and erosion control shall be submitted to the Building Official for determination of the bond amount. (1) 2.9 The applicant shall comply with the following conditions pertaining to the requirement for a Water Quality Management Plan: Prior to issuance of grading permits, the applicant shall obtain approval of the Community Development and Public Works Departments for a Water Quality Management Plan (WQMP) specifically identifying Best Management Practices (BMPs) that will be used on-site to control predictable pollutant run-off. This WQMP shall identify the structural and non-structural measures which will be implemented on this project and shall detail the implementation of BMPs whenever they are applicable to the project; the assignment of long-term maintenance responsibilities (specifying the developer, parcel owner, maintenance association, lessee, etc.); and, reference to the location(s) of structural BMPs. The property owner and applicant shall be responsible for implementing the provisions of the WQMP on an ongoing, permanent basis. Zoning Administrator Action 02-001 Exhibit A Page 4 (1) 2.10 (1) 2.11 (1) 2.12 Prior to submittal of a Water Quality Management Plan (WQMP), the applicant shall submit a deposit of $2,500.00 for the estimated costs of review of the WQMP to the Building Division. The actual costs shall be deducted from the deposit, and the applicant shall be responsible for and pay for any additional review costs that exceed the deposit prior to issuance of grading permits. Any unused portion of the deposit shall be refunded to the applicant. Prior to issuance of any permits, the property owner shall record a "Notice of Water Quality Management Plan (WQMP)" with the County- Clerk Recorder on a form provided by the Community Development Department to inform future property owners of the requirement to implement the approved WQMP. Prior to the issuance of any permits, the property owner and applicant shall provide written consent and authorization to enter the property for the purpose of conducting compliance assessments. An authorized inspector may inspect the property for the purpose of verifying compliance with Chapter 4 of the Tustin City Code (Water Quality Ordinance) and verifying compliance with the approved Water Quality Management Plan. The Community Development and Public Works Departments shall determine whether any proposed change in use requires an amendment to an approved Water Quality Management Plan. A note shall be provided on final plans that a six (6) foot high chain link fence shall be installed around the site prior to building construction stages. A nylon fabric or mesh shall be attached to the temporary construction fencing. Gated entrances shall be permitted along the perimeter of the site for construction vehicles. Pursuant to the City of Tustin's Security Ordinance and the Uniform Fire Code, street numbers shall be displayed in a prominent location on the street side of the structure. The numerals shall be no less than six (6) inches in height and shall be of contrasting color to the background to which they are attached and illuminated during hours of darkness. The applicant shall comply with all City policies regarding short-term construction emissions, including periodic watering of the site and prohibiting grading during second stage smog alerts and when wind velocities exceed 15 miles per hour. Zoning Administrator Action 02-001 Exhibit A Page 5 USE RESTRICTIONS The proposed project requires six (6) additional parking spaces based on the following ratios: Restaurant Expansion Eight (8) Add'l Seats (1 per 3 seats) Retail Building 520 square feet (1 per 200 square feet) Total (New) 2.67 spaces 2.6 spaces 5.27 spaces Prior to issuance of building permits, the applicant shall execute an agreement with the Tustin Redevelopment Agency to lease six (6) additional parking spaces for a total of fourteen (14) parking spaces for the restaurant (total 66 seats) and retail use in the Downtown Parking Structure in lieu of providing on-site parking. . 3.2 No outdoor seating or entertainment is permitted without apprOval of a conditional use permit. 3.3 No outdoor storage is permitted during construction except as approved by the Tustin Community Development Director. (1) 3.4 All construction operations, including engine warm-up and deliveries of materials and equipment, shall be subject to the provisions of the Tustin Noise Ordinance and shall take place only between the hours of 7:00 a.m. and 6:00 p.m., Monday through Friday, and between 9:00 a.m. and 5:00 p.m. on Saturday, unless otherwise determined by the Building Official. (1) 3.5 No parking in the public alley is permitted. (1) 3.6 Design Review 01-020 may be reviewed annually, or as needed, if deemed necessary by the Community Development Department. If in the future the City determines that parking problems exist in the vicinity as a result of the use, the Director may require the applicant and/or property owner to prepare a parking demand analysis and bear all associated costs. The parking demand analysis would need to be prepared by a California Registered Traffic Engineer and/or California Registered Civil Engineer experienced in this type of analysis. If the study indicates that there are adverse parking impacts as a result of the use, the applicant and/or property owner shall be required to provide mitigation measures to be reviewed and approved by the Community Development Director. FEES 4.1 Prior to issuance of any building permits, payment shall be made of all applicable fees, including but not limited to, the following. Payment shall be required based upon those rates in effect at the time of payment and are subject to change. Zoning Administrator Action 02-001 Exhibit A Page 6 a, Building plan check and permit fees to the Community Development Department based on the most current scheduled in accordance with the Old Town Fee Waiver Policy. bg Orange County Fire Authority plan check and inspection fees to the Community Development Department based upon the most current schedule. C, Orange County Sanitation District No. 7 Sewer Connection Fees in effect at the time of building permit issuance. In the case of existing structures connected to the District's system facilities, to which new construction or alteration is made to change or increase the category of use, a Capital Facilities Capacity Charge shall be calculated and paid based on the new use, less a credit amount for the prior category of use. The current fee due is $895 per 1,000 square feet of the building. Credit for the existing building may be obtained when applicant provides square footage of existing building. d, Transportation System Improvement Program (TSIP) Benefit Area "A" fees in the amount of $5.53 per square feet of new or added gross square floor area of construction or improvements to the Community Development Department. e, School facilities fee to the Tustin Unified School District subject to any agreement reached and executed between the District and the applicant. The applicant shall pay the Major Thoroughfare and Bridge fee in effect at the time of the issuance of the building permit. The present fee is $3.23 per square feet of the building area. (1,5) 4.2 Within forty eight (48) hours of approval of the subject project, the applicant shall deliver to the Community Development Department, a cashier check payable to the COUNTY CLERK in the amount of forty- three dollars ($43.00) to enable the City to file the appropriate environmental documentation for the project. If within such forty eight (48) hour period that applicant has not delivered to the Community Development Department the above-noted check, the statute of limitations for any interested party to challenge the environmental determination under the provisions of the California Environmental Quality Act could be significantly lengthened. LICENSE AGREEMENT FOR PARKING RIGHTS This Agreement for parking rights is made this day of , 2003, by and between the TUSTIN COMMUNITY REDEVELOPMENT AGENCY, a Califomia community redevelopment agency ("Agency"), and Carlos Heredia and Audrey Heredia individuals ("Licensee"). RECITALS: WHEREAS, Licensee is owner of the premises located at 335 C Street, Tustin, California (the "Property"), which Licensee proposes to lease as a restaurant use; and WHEREAS, the Property does not have sufficient on-site parking to conform to requirements of the City of Tustin; and WHEREAS, on June 21, 1999, the Agency entered into a separate License Agreement for Parking Rights affecting 335 C Street; and WHEREAS, Agency is the owner of an interest in the Stevens Square Parking Structure, to-wit: Unit 1 as shown and described on that certain Condominium Plan, recorded September 30, 1982, as Document No. 82-334857, Official Records, Orange County, California, excepting there from all common areas therein being outside of the interior boundary planes of parking spaces numbered 133 through 213, inclusive, together with an undivided 38.3% interest as tenants in common and to Parcel 1, as shown on that certain Parcel Map recorded in Book 174, pages 4-7, inclusive, of Parcel Maps, Records of Orange County, Califomia; and WHEREAS, said Unit 1 is situated on the easterly portion of the upper level of the Stevens Square Parking Structure, which is located on the easterly side of C Street, southerly of Main Street in the City of Tustin, Califomia. Said Unit 1 contains 81 parking spaces (spaces 132 through 213); and WHEREAS, Licensee desires to obtain permission to utilize the Agency's parking spaces for the Property. NOW, THEREFORE, IT IS AGREED AS FOLLOWS: 1. Agency herein terminates the License Agreement for Parking Rights affecting 335 C Street previously entered into with Carlos and Audrey Heredia on June 21, 1999, which shall be replaced with this Agreement. 2. Agency grants to Licensee a license for the non-exclusive use of fourteen (14) of the Agency's parking spaces in the Stevens Square Parking Structure, numbered 132 through 213, and as is shown on the Parcel Map which is attached hereto as Exhibit "A" and incorporated herein by reference. 3. This License is personal to the Licensee's leased premises and proposed retail space customer use at 335 C Street only. It is non-assignable and any attempt to assign this License terminates it. 4. This License Agreement is terminable at will. 5. If this License Agreement is terminated by either Party, Licensee shall have thirty (30) days in which to secure and replace the fourteen (14) parking spaces provided for in this License Agreement. Such spaces shall be located and secured in a location from which they can be reasonably used by patrons or other individuals visiting Licensee's Property. Such spaces shall be located in an area which conforms to City of Tustin parking requirements and shall be subject to the approval of the Agency. IN WITNESS WHEREOF, the Parties hereto have executed this Agreement the day and year first above written. TUSTIN COMMUNITY REDEVELOPMENT AGENCY, a California Community Redevelopment Agency By APPROVED AS TO FORM: By Lois Jeffrey City Attorney Carlos Heredia rdashared\stevensqpkg~ladevelopment.doc Audrey Heredia