HomeMy WebLinkAboutRDA WAIVER FEES PKG 08-17-92RDA N0. 5
9-17-92
Inter -Com
L AUGUST 17, 1992
TO: WILLIAM A. HUSTON, EXECUTIVE DIRECTOR
FROM: COMMUNITY DEVELOPMENT DEPARTMENT
SUBJECT: REQUEST FOR WAIVER OF LEASE FEES FOR AGENCY' S INTEREST IN
STEVENS SQUARE PARKING STRUCTURE
RECOMMENDATION
Pleasure of the Redevelopment Agency.
BACKGROUND
The applicant, Rick Harrington, is requesting a waiver of the lease,
fee required for participation in the Redevelopment Agency owned
spaces located on the second floor of the Stevens Square Parking
Structure. The applicant is required to participate in the parking
structure in order to satisfy the parking requirements for a
proposed coffee house on the property located at 425 El Camino
Real.
On July, 13, 1992, the Planning Commission adopted Resolution No.
3057 approving Conditional Use Permit (CUP) 92-020, authorizing an
outdoor seating area, live entertainment and the sale of beer and
wine for on and off-site consumption (ABC License Type 41) in
conjunction with a coffee-house on the property located at 425 El
Camino Real. A copy of Resolution No. 3057 has been included as
Attachment A. Condition No. 1.5 of the resolution requires the
applicant to enter into a lease agreement with the City for ten
parking spaces.
The subject tenant space is part of E1 Camino Real Plaza located at
the southeast corner of the intersection of Main Street and E1
Camino Real. The center is zoned C -2(P) (Central Commercial
District) with a (Combining Parking District) overlay. The subject
property is also located within the boundaries of the CR (Cultural
Resource District) and the Town Center Redevelopment project area.
The subject request does not require a public hearing; therefore,
public notice was not provided. A copy of the staff report and
meeting agenda was made available to the applicant.
Redevelopment Agency Report
Request for Waiver of Lease Fees
August 17, 1992
Page 2
DISCUSSION
The Cultural Resource District (CR) , Ordinance 1001, was adopted in
1988 to encourage preservation and revitalization of the old town
area. Both the new overlay district and the previous Specific
Plan No. 1, which was replaced by the overlay district, provide for
modifications to the standards from the City's parking requirements
in the old town area. Tustin City Code Section 9252 (j) (3) (d) (3) (C)
states that:
"All or a portion of required number of parking spaces may be
satisfied by depositing with the City an amount, to be used
for public parking accommodations within the area, equal to
four (4) times the assessed value as determined from the
latest assessment roll of the County Assessor, of 200 square
feet of land within the area, for each required parking space
not otherwise provided."
As a condition of approval for CUP 92-020, the applicant is
-- required to enter into a lease agreement with the City to provide
ten of the required 17 parking spaces within the Stevens Square
Parking Structure.
Based upon the above formula for calculating the valuation of a
parking space and utilizing a 30 year amortization period, the
Agency could presently lease each space for $41.53 per month. This
amount is based upon a total assessor determined land value for the
parking structure of $747,595. The applicant is requesting that
the Agency waive the lease fees for the required ten parking
spaces. This would result in total lease payments for the
applicant of $4,983.60 per year. Currently, the Agency has one
active lease agreement which is being paid at a rate of $35.00 per
space, per month for five parking spaces, totalling $2,100 per
year, expiring in December, 1993.
In considering the applicant's request, it would be appropriate for
the Agency to note that the actual utilization of the parking
structure has been low. Additional development within the old town
area would benefit from the Agency's full or partial waiver of
lease fees.
Redevelopment Agency Report
Request for Waiver of Lease Fees
August 17, 1992
Page 3
CONCLUSION
It would be appropriate for the Agency to take action on the lease
fee waiver. by Minute motion. Options available to the Agency
include:
1. Denial of the request; or,
2. Approval of a full or partial waiver.
Should the Agency approve the subject request, the Agency would
still need to give the Executive Director authority to enter into
a lease agreement between Rick Harrington and the Tustin Community
Redevelopment Agency for the utilization of ten spaces within
Stevens Square Parking Structure, subject to review and approval by
the City Attorney.
Anne E. Bonner Christine A. Shingle n
Associate Planner Assistant City Mana44r
Community Development
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Attachments: A - Planning Commission Resolution No. 3057
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RESOLUTION NO. 3057
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY
OF TUSTIN, APPROVING CONDITIONAL USE PERMIT 92-020
AUTHORIZING AN OUTDOOR SEATING AREA, LIVE
ENTERTAINMENT'AND THE SALE OF BEER AND WINE FOR ON -
AND OFF-SITE CONSUMPTION (ABC LICENSE TYPE 41) IN
CONJUNCTION WITH A COFFEE HOUSE ON THE PROPERTY
LOCATED AT 425 EL CAMINO REAL
The Planning Commission of the City of Tustin does hereby
resolve as follows:
I. The Planning Commission finds and determines as follows:
A. That a proper application, Conditional Use Permit
92-020, has been filed by Rick Harrington
requesting authorization to establish an outdoor
seating area, live entertainment and the sale of
beer and wine for on- and off-site consumption (ABC
License Type 41) in conjunction with a coffee house
on the property located at 425 E1 Camino Real.
B. A public hearing was duly noticed, called and held
for said application on July, 13, 1992.
C. That the 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, nor be injurious
or detrimental to the property and improvements in
the neighborhood of the subject property, or to the
general welfare of the City of Tustin as evidenced
by the following:
1. The application is generally in compliance
with the City's established guidelines for
reviewing alcoholic beverage sales
establishments ensuring protection of the
general welfare of the City. Additionally,
conditions of approval have been included to
restrict the use of the outdoor seating from
alcohol service.
2.
The types of entertainment proposed
consistent with other similar types of cof
houses existing within the Ci
Additionally, conditions of approval have k
included to ensure compliance with the Cit
Entertainment Code ensuring the protection
the general welfare of the City.
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Resolution No. 3057
Page 2
3. The proposal to offer a 1121 and under" night
will provide a service to the community by
providing a supervised, alcohol -free
environment for use by the City's local high
school operating in conformance with the
City's Curfew Ordinance.
4. The project proposes tenant improvements with
an existing building to accommodate the
various uses and will not require the
alteration of surrounding properties or the
construction of any off-site improvements that
would impact surrounding properties.
D. This project has been determined to be
Categorically Exempt (Class 1) pursuant to Section
15301 of the California Environmental Quality Act.
II. The Planning Commission hereby approves Conditional Use
Permit 92-020 authorizing an outdoor seating area, live
entertainment and the sale of beer and wine for on- and
off -site consumption (ABC License Type 41) in conjunction
with a coffee house on the property located at 425 E1
Camino Real, subject to all conditions contained in
Exhibit A, attached hereto.
PASSED AND ADOPTED at a regular meeting of the Tustin Planning
Commission, held on the 13th day of July, 1992.
DEN;L/._'--BAYER
Chairman
KATHLEEN C CY
Secretary
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Resolution No. 3057
Page 3
STATE OF CALIFORNIA )
COUNTY OF ORANGE )
CITY OF TUSTIN )
I, KATHLEEN CLANCY, the undersigned, hereby certify that I am
the Recording Secretary of the Planning Commission of the City
of Tustin, California; that Resolution No. 3057 was duly
passed, and adopted at a regular meeting of the Tustin Planning
Commission, held on the 13th day of July, 1992.
KATHLEEN CLANCY
Recording Secretary
EXHIBIT A
CONDITIONAL USE PERMIT 92-020
CONDITIONS OF APPROVAL
RESOLUTION NO. 3057
GENERAL
(1) 1.1 The proposed project shall substantially conform with the
submitted plans for the project date stamped July 13,
1992, on file with the Community Development Department,
as herein modified, or as modified by the Director of
Community Development Department 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 any building permits for the project, subject to
review and approval by the Community Development
Department. '
(1) 1.3 Conditional Use Permit approval shall become null and
void unless all permits are issued within twelve (12)
months of the date of approval.
(1) 1.4 Approval of Conditional Use Permit 92-020 is contingent
upon the applicant signing and returning an "Agreement to
Conditions Imposed" form, as established by the Director
of Community Development.
(1) 1.5 The applicant shall be required to enter into a lease
agreement with the City for participation in the City's
parking structure for a minimum of ten (10) parking
spaces required above and beyond that provided on-site,
calculated at a rate of one space for every three seats.
Said lease agreement shall be executed prior to issuance
of any building permits.
1.6 Applicant shall provide signage within the tenant space
advising patrons of the availability of parking in the
City's parking structure.
----- ----- - - - - ----- --------- ------ - - - - - --------------- ----- ----
SOURCE
---SOURCE CODES
(1)
STANDARD CONDITION
(5)
RESPONSIBLE AGENCY REQUIREMENT
(2)
CEQA MITIGATION
(6)
LANDSCAPING GUIDELINES
(3)
UNIFORM BUILDING CODE/S
(7)
PC/CC POLICY
(4)
DESIGN REVIEW
***
EXCEPTION
'3xhibi.t A - CUP 92-020
Conditions of Approval
Resolution No. 3057
Page 2
PLAN SUBMITTAL
2.1 .At building plan check submittal:
(3) A. Three sets of construction plans including two sets
of calculations where required shall be submitted.
Requirements of the Uniform Building Code shall be
complied with as approved by the Building Official.
USE RESTRICTIONS -ALCOHOL
(7 ) 3.1 Authorization for on- and of f -site sales of beer and wine
is contingent upon the use of the subject site remaining
a coffee house and/or restaurant. At such time that the
use is discontinued, the use permit becomes null and
void.
(7) 3.2 All persons serving alcoholic -beverages must be eighteen
years of age or older and supervised by someone twenty-
one years of age or older. Supervisor shall be present
in same area as point of sale.
(7) 3.3 Food must be served during the hours alcohol is served.
The menu of the coffee house -shall consist of foods that
are prepared on the premises.
(7) 3.4 There shall be no pool tables or coin operated games on
the premises at any time.
(7) 3.5 "No loitering" signs shall be posted at the entrance of
the business.
(7) 3.6 Refrigerated single -serving beverage containers shall be
located in an enclosed refrigeration unit no less than
ten (10) feet from the point of sale.
*** 3.7 Consumption of alcohol shall be limited to the interior
of the tenant space or off-site entirely. This use
permit does not authorize the consumption of alcohol in
the outdoor seating area or other exterior locations of
the building or parking lot areas.
*** 3.8 The number of "bar" type seats shall not exceed 15
percent of the total number of seats.
*** 3.9 The sale of any type of alcohol, on- and off-site
consumption, shall be prohibited one hour prior to, one
Exhibit A - CUP 92-020
Conditions of Approval
Resolution No. 3057
Page 3
hour after and during those evenings designated and/or
advertised as "under 21 years of age entertainment
night."
3.10 Sale of alcohol for off-site consumption is limited to
the sale of wine. This use permit shall not authorize
the sale of beer for off-site consumption.
USE RESTRICTIONS - ENTERTAINMENT
(5) 4.1 All entertainment provided shall comply with the
requirements and regulations of Tustin City Code Section
3200 et seq, which- defines the permissible types of
entertainment.
(5 ) 4.2 The hours for providing entertainment to minors, defined
as persons under 18 years of age, shall comply with
Condition No. 3.9 herein and Tustin City Code Section
6100 et seq, which regulates curfew and loitering.
(5) 4.3 Entertainment provided shall not exceed the City's Noise
Ordinance standards for Zone 2 - Commercial Areas. Should
the City receive complaints regarding noise, the
applicant shall be required to submit for review and
approval by the Community Development Department, a noise
analysis that demonstrates compliance or identifies
mitigation measures to ensure compliance with the City's
Noise Ordinance.
OUTDOOR SEATING
(7) 5.1 The outdoor seating area shall be setback a minimum of
five feet from the parking lot.
(7) 5.2 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) 5.3 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) 5.4 The number of outdoor seats is limited to four and the
number of tables is limited to two and the applicant
Exhibit A - CUP 92-020
Conditions of Approval
Resolution No. 3057
Page 4
shall ensure that a five foot clear pedestrian walkway is
maintained at all times. These four seats shall be
accounted for in computing the required number of parking
spaces overall.
(7) 5.5 The use of awnings, umbrellas, plants, and other human
scale elements is encouraged to enhance the pedestrian
experience. Elevations and material samples shall be
submitted for review and approval during Building Plan
Check.
(7) 5.6 Trash receptacles shall be provided in the outdoor
seating area. Location and type shall be specified in
the submittal for Building Plan Check.
(7) 5.7 Authorization for outdoor seating shall be reviewed after
one year. At such time, the Community Development
Department shall inspect the site to determine if any
adverse impacts have resulted from the use. If a
determination is favorable, the conditional use permit
authorization shall be considered permanent.
FEES
(1) 6.1 Prior to issuance of any permits the applicant shall pay
the following fees:
A. All plan check and permit fees to the Building
Division.
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