HomeMy WebLinkAboutRDA 03 PKG STEVENS SQ 02-03-97DATE:
FEBRUARY 3, 1997
inter-Com
RDA NO. 3
2-3-97
TO:
FROM:
SUBJECT:
WILLIAM A. HUSTON, EXECUTIVE DIRECTOR
REDEVELOPMENT AGENCY STAFF
LEASE AGREEMENT FOR PARKING SPACES IN THE STEVENS SQUARE
PARKING STRUCTURE AND WAIVER OF LEASE FEES; RALPH SANCHEZ ~
SUMMARY: This action is to authorize execution of a revised lease agreement for the use of
Agency owned spaces in the Stevens Square Parking Structure and to waive lease feex
RECOMMENDATION
It b recommended that the Agency authorize the Assistant City Manager to execute a lease
agreement, to be prepared and approved by the City Attorney, for the use of a total of eighteen
(18) parking spaces including an additional eight (8) parking spaces owned by the Agency in
the Stevens Square Parking structure for an indefinite time; and
.
2. The Agency waive the fees for the lease of these spaces.
DISCUSSION
In 1994, the applicant opened Raft's Cuban Cafe at 425 E1Camino Re~ Parking for a restaurant use
at this location was previously approved through the provision of on-site parking as well as a lease
agreement with the Agency for the use of ten parking spaces on the second floor of the Stevens Square
parking structure in ownership by the Tustin Community Redevelopment Agency. The
Redevelopment Agency also approved a waiver of the lease fee for those ten parking spaces.
An expansion of the restaurant is now proposed into adjoining space. The expansion requires eight (8)
additional parking spaces beyond that parking already accommodated on-site and in the parking
structure. The Zoning Administrator approved a Conditional Use Permit and Design Review for the
expansion on January 20, 1997, subject to the applicant entering into a lease agreement with the
Agency for an additional eight (8) parking spaces in the parking structure. The Zoning Admini.~trator' s
Resolution is attached as Exhibit A.
The structure is owned by the Stevens Square Parking Structure Condominium Association, of which
the Agency owns a 38.3% undivided interest, as tenants in common. The Agency's ownership
William A. Huston
February 3, 1997
Page 2
includes 81 parking spaces on the upper level of the parking structure. The remainder of the
condominium interest and parking spaces in the structure are owned by Stevens Square.
There are 15 spaces in the structure under current leases. These leases are with Jeff Thompson for his
building at 110 Main Street and the ten that are currently being used by the applicant. The additional
eight being requested by the applicant will bring to twenty-three the number of spaces under current
lease to local businesses.
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 fee for the additional eight (8)
spaces requested by Raft's Cuban Cafe would be $3,457.28 per year. The applicant is requesting that
this lease fee be waived. This request is attached as Exhibit B.
The two currently active 'lease agreements for Agency owned spaces in the parking structure have had
the fees waived by the Agency. Previous leases approved in the 1980's, which are not currently active,
did not have fee waivers.
Staffbelieves that the request is justified as a means of supporting the expan~..i.o.n of a successful
business in Old Town. The applicant's business is also within one block of the parking structure,
meeting the Agency' s concern that the use of the structure be practical for the business. Further, it
should be noted that the use of the parking structure has historically been low.
Staff would recommend that the Agency authorize the City Attorney to prepare the lease agreement,
authorize the Assistant City Manager to execute the agreement for a total of eighteen (18) parking
spaces, including an additional eight (8) parking spaces, and waive any lease fees.
Christine Shingelton
Assistant City Manager
//
,//I/
l~edevelopm~/~/pro gram Manager
EXHIBIT A
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ZONING ADMINISTRATOR ACTION 97-002
CONDITIONAL USE PERMIT 96-042
JANUARY 20, 1997
The Zoning Administrator of the City of Tustin does
hereby resolve as follows:
I o
The Zoning Administrator finds and determines as
follows:
no
That a proper application, Conditional Use
Permit 96-042, was filed by Ralph Sanchez, to
authorize the expansion of an existing
restaurant and modification to the outdoor
dining area to permit the sale of alcoholic
beverages located at 425 E1 Camino Real.
B .
That a public hearing was duly called, noticed
and held on said application on January 20,
1997 by the Zoning Administrator.
C .
D .
That Conditional Use Permit 92-020 was
approved by the Planning Commission in 1992 to
authorize the establishment of' a' restaurant
with alcoholic beverage sales and outdoor
dining area.
·
That the proposed use is allowed in the
Central Commercial - Parking and Cultural
Resource Overlay (C2-P & CR)~'District subject
to the approval of a Conditional Use Permit
(City Code Section 9233). -
E o
That the subject property is located within
the Town Center Redevelopment Project Area and
the design and improvements proposed are
consistent with the Plan.
F o
That establishment, maintenance, and operation
of the use applied for will not, under the
circumstances of this case, be detrimental to
the health, safety, morals, comfort or general
welfare of the persons residing or working in
the neighborhood of such proposed use,
evidenced by the following findings:
o
The proposed site is located within an
existing multi-tenant commercial center.
The proposed exterior modifications to
the outdoor dining area are compatible in
design with the existing improvements on
the site and will enhance the pedestrian
environment of the downtown area.
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Zoning Administrator Action 97-002
January 20, 1997
Page 2
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The proposed alcoholic beverages sales on
the outdoor patio will be confined to
patrons of the establishment by the
wrought iron fencing and access will be
provided only through the restaurant.
.
As conditioned, there is adequate parking
for the increased seating through the use
of on-site parking and the Stevens Square
Parking Structure.
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The sale of alcohol would only be
authorized in conjunction with a
restaurant use. Sales of beer and wine
will be permitted only when food is
available. Food provided- will be
prepared on the premises.
Go
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I o
5. Ail persons serving beer and wine will be
eighteen (18) years of age or older and
supervised by someone twenty-One (21)
years of age or older. The supervisor
will be present in the same area as point
of sale.
·
6. As conditioned, the applicant will not
provide any type of ou~.~oor speakers or
amplification that would create noise
outside.
That the establishment, maintenance, and
operation of the use applied for will not be
injurious or detrimental to the property and
improvements in the neighborhood of the
subject property, nor to the general welfare
of the City of Tustin for the reasons stated
above.
This project has been determined to be
Categorically Exempt (Class 3) pursuant to
Section 15303 of the California Environmental
Quality Act.
That the project has been reviewed for
consistency with the Air Quality Sub-element
of the City of Tustin General Plan and has
been determined to be consistent with the Air
Quality Sub-element.
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Zoning Administrator Action 97-002
January 20, 1997
Page 3
.II. The Zoning Administrator hereby approves
Conditional Use Permit 96-042 to authorize the
expansion of an existing restaurant and
modification to the outdoor dining area to permit
the sale of alcoholic beverages located at 425 E1
Camino Real, subject to the conditions contained in
Exhibit A, attached hereto.
PASSED AND ADOPTED by the Zoning Administrator of the
City of Tustin at a regular meeting held on the 20th day
of January, 1997.
Rick Brown
Zoning Administrator, s
Recording Secretary
STATE OF CALIFORNIA )
COUNTY OF ORANGE )
CITY OF TUSTIN )
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I, BARBARA REYES, the undersigned, h~reby certify that
I am the Recording Secretary of the Zoning Administrato~
of the City of Tustin, California; that Zoning
Administrator Action No. 97-002 was duly passed and
adopted at a regular meeting of the Tustin Zoning
Administrator, held on the 20th day of January, 1997.
Recording Secretary
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GENERAL
EXHIBIT A
ZONING ADMINISTRATOR ACTION 97-002
CONDITIONS OF APPROVAL
CONDITIONAL USE PERMIT 96-042
(1) 1.1 The proposed project shall substantially conform with the
submitted plans for the project date stamped January 20,
1997 on file with the Community Development Department,
as herein modified or as modified by the Zoning
Administrator in accordance with this Exhibit.
(1) 1.2 Unless otherwise specified, the conditions contained in
this Exhibit shall be complied with prior to the issuance
of a business license for the business, subject to review
and approval by the Community Development Department.
(1) 1.3 Conditional Use Permit approval shall become null and
void unless all required permits are issued, a business
license is obtained and operations begin within twelve
(12) months of the date of this Exhibit.
(1) 1.4 The applicant shall hold harmless and defend the City of
Tustin from all claims and liabilities arising out of a
challenge to the City's approval of this project.
(1) 1.5 Approval of Conditional Use Permit 96-024 is contingent
upon the applicant signing and returning an "Agreement to
Conditions Imposed" form as establishe~.oby the Director
of Community Development. ~,'
(1) 1.6 The applicant shall enter into a lease agreement with the
Tustin Community Redevelopment Agency for participation
in the Agency's parking structure for a minimum of
eighteen (18) parking spaces required above and beyond
that provided on-site, calculated at a rate of one (t)
space for every three (3) seats. Said lease agreement
shall be executed prior to the issuance of any building
permits.
(1) 1.7 A Certificate of Appropriateness shall be issued by the
Community Development Department prior to issuance of
Building permits for the patio modifications.
SOURCE CODES
(1) STANDARD CONDITION (5) SPECIFIC PLAN
(2) EIR MITIGATION (6) RESPONSIBLE AGENCY REQUIREMENT
(3) UNIFORM BUILDING CODE/S (7) LANDSCAPING GUIDELINES
(4) DESIGN REVIEW (8) PC/CC POLICY
* * * EXCEPTION
Exhibit A
Zoning Administrator Action 97-002
January 20, 1997
Page 2
(1) 1.8 The authorization for sale of alcoholic beverages on the
patio area shall become null an void unless written
approval by the ABC is submitted to the City.
(!) 1.9 Ail conditions of Planning Commission Resolution No. 3057
shall be complied with, unless herein modified.
USE RESTRICTIONS
(3) 2.1 No off-site consumption of alcohol for any type of ABC
license is authorized. Ail alcoholic beverages shall be
consumed on-site.
(2) 2.2 .Hours of sales of beer and wine shall be limited to the
hours when food is available. Menu items shall be
available in the restaurant during business hours.
(2) 2.3 The menu of the restaurant shall consist of foods that
are prepared on the premises.
(5) 2.4 Any Health Code or other violations, as determined by the
County of Orange Health Care Agency, may be grounds for
revocation of this Conditional Use Permit'.
(2) 2.5 Authorization for the on-site sales of beer and wine (ABC
License Type "41") is contingent upon the use of the
subject premises remaining a restaurant~'° Should this use
change or be discontinued, authorization for this use
permit is null and void. ..
(2) 2.6 All persons selling alcoholic beverages shall be 18 years
of age or older and shall be supervised by someone 21
years of age or older. A supervisor shall be present in
same area as point of sale.
(4) 2.7 A maximum of 92 seats is authorized for the restaurant.
The number of seats shall not be increased unless the
property owner demonstrates, through the submittal of a
parking and land use summary, or as otherwise authorized
by current provisions of the Tustin City Code, that an
adequate number of on-site parking spaces are available
to accommodate additional seating for the restaurant.
(4) 2.8 The applicant shall provide signage within the restaurant
space advising patrons of the availability of parking in
the City's parking structure.
Exhibit A
Zoning Administrator Action 97-002
January 20, 1997 -
Page 3
OUTDOOR SEATING
(4) 3.1 The outdoor seating area shall maintain a minimum of four
(4) feet between the tables and chairs as required by the
Uniform Building Code and ADA.
(7) 3.2 Lighting shall be provided to illuminate the outdoor
seating area as required by the Tustin Security Code.
Details shall be submitted for review and approval at
Building Plan Check and all fixtures shall be
architecturally compatible.
(7) 3.3 Catalog cuts and/or details of the furniture proposed for
the outdoor seating area shall be submitted for review
and approval at Building Plan Check and the
materials/finishes shall be architecturally compatible.
(7) 3.4 .The use of awnings, umbrellas, wrought iron fencing,
plants and other human scale elements is encouraged to
enhance the pedestrian experience. Elevations, material
and color samples shall be submitted for review and
approval by the Community Development Department during
Building Plan Check.
PLAN SUBMITTAL
(3) 4.1 Specify the type of construction and group of occupancy
(A-3) of the building on plans.
(3) 4.2 The site plan shall be modified to comply with the
attached checklist for the location and number
disabled parking Spaces and show all the requirements on
plans.
(3) 4.3 Delineate the disabled path of travel from the street
side-walk and disabled parking spaces to the entrances of
the building.
(3) 4.4 The existing toilets in the expanded area shall be made
accessible and usable by disabled persons.
(3) 4.5 Provide an exit analysis of the entire building (existing
and addition) showing but not limited to the number of
occupant load in each area, exit and directional signs,
swing of exit doors in the direction of exit travel with
panic hardware, etc.
(3) 4.6 Note on plans, to post the occupant load of the building.
Exhibit A
Zoning Administrator Action 97-002
January 20, 1997
Page 4
(3) 4.7 The interior tenant improvements connecting the two
tenant spaces shall be completed prior to enclosing the
patio area.
FEES
(1) 5.1 Prior to the issuance of any building or sign permits,
payment shall' be made of all applicable building plan
check and permit fees and sign design review fees to the
Community Development Department.
(1) 5.2 Within 48 hours of approval of the subject project, the
applicant shall deliver to the Community Development
Department, a cashiers check payable to the COUNTY CLERK,
in the amount of ~hirty-eight dollars ($38.00) to enable
the City to file with the County Clerk, the appropriate
environmental documentation pursuant to the California
Environmental Quality Act. If within such 48 hours
period, the applicant has not delivered to the Community
Development Department the above noted check, the
approval for the project granted herein shall .be
considered automatically null and void.
EXHIBIT B
CITY OF TUSTIN PLANNING DEPT/REDEVELOPMENT AGENCY
ATTN SARA:
FROM: RAFI'S CUBAN CAFE
REGARDING ADDITIONAL PARKING FOR AMENDED C.U.P..
I WOULD LIKE TO REQUEST THAT FEES INVOLVED FOR CITY PARKING STRUCTURE
BE WAIVED.
THANK YOU,
RALPH SANCHEZ, KAH S CUBAN CAFE