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HomeMy WebLinkAbout11 OUTDOOR STORAGE 08-21-95NO. 11 8-21-95 DATE: AUGUST 21, 1995 Inter-Com TO: FROM: SUBJECT: WILLIAM A. HUSTON, CITY MANAGER COMMUNITY DEVELOPMENT DEPARTMENT OUTDOOR STORAGE OF TRACTOR TRAILER TRUCKS AT THE BARN RESTAURANT, 14982 REDHILL AVENUE RECOMMENDATION That the City Council direct the Community Development Department staff to continue working with the lessee to eliminate all code violations at the property. FISCAL IMPACT There are no fiscal impacts to the City of Tustin associated with referring this matter to Community Development Department staff for continued enforcement action. If the proposed project were to move forward, however, staff.believes that approval of the proposed addition of an outdoor storage lot for tractor trailer trucks at the subject location would have significant negative fiscal impacts upon 1) neighboring private property values, 2) the City's ability to attract and retain businesses to the area and furore reuse of the Marine Corps Air Station (MCAS) Tustin due to aesthetic and other issues surrounding the proposed use, and 3) Redevelopment and General Fund revenue sources affected by the above. BACKGROUND AND DISCUSSION At the City Council meeting of August 7, 1995, Mr. Peter Andersen indicated that he was the owner of a tractor trailer truck which he had been storing at a vacant parcel located adjacent to the Barn Restaurant at 14982 Redhill Avenue. He indicated that a citation had been issued to the owner of the Barn Restaurant because he had not removed the vehicle from the site as previously directed by Community Development Department Code Enforcement staff. He requested that the City Council authorize his continued use of the property for storage of his truck. Since July 5, 1995, staff has been pursuing the elimination of the storage of tractor trailer trucks on the vacant unpaved parcel immediately east of the Barn Restaurant. Owners of the Barn were contacted in writing and by phone and notices were placed on two tractor trailer vehicles illegally parked at the location. One of the tractor trailer vehicles was removed shortly thereafter. In addition, staffhas also been working with the business owner to eliminate other code violations on the property including storage of dead trees and debris. City Council Report Outdoor Storage - 14982 Redhill Avenue August 21, 1995 Page 2 Mr. Andersen contacted Mr. Dana Ogdon, Senior Planner, to discuss the City's initial code enforcement letters on the property. Mr. Ogdon explained that outdoor vehicle and truck storage was not a permitted land use at this location and that he should quickly identify and utilize an alternative site. Mr. Andersen expressed an interest in approaching the City Council because he felt that the Council could authorize his use of the property in this way. He also indicated that he had entered into some business/lease arrangement with the owners of the Barn to be able to park his vehicle at that location. He communicated to staff that he knew of no other location to park the vehicle. Staff agreed to grant him an additional t~vo weeks to find an alternative legal site to store the vehicle and explained that authorization of truck storage on the property would require an amendment to the City's zoning code and that an application for a code amendment would first have to receive Planning Commission approval prior to any action by the City Council. After the two week extension had expired, violations on the property continued and a misdemeanor citation was issued by the Community Development Department. Since the issuance of the citation, the tenants of the Barn site have made some progress in eliminating most of the dead trees illegally stored on the site and have submitted a plan to the Community Development Department requesting a Conditional Use Permit and Design Review approval for the expansion of the restaurant including the addition of a new tractor trailer storage lot at the easterly portion of the property. The application proposes electrical and water connections within the vacant site to allow overnight or longer storage of the vehicles on a gravel (unpaved) surface. City staff have reviewed the submittal and found that additional information must be provided by the applicant before the item may be scheduled for consideration by the Planning Commission. Staff's initial reaction to the submittal of a proposal for a tractor trailer storage lot near the Barn restaurant was that the proposed use would not be compatible with surrounding uses, and that it would have potentially serious negative impacts upon the MCAS Tustin Reuse/Specific Plan and Redevelopment Project Area implementation envisioned to support economic development and job creation for the Marine Corps Air Station at Tustin. Also, a code amendment application would have to be approved prior to the approval of any Conditional Use Permit to allow outdoor vehicle storage as a permitted use in the property's current Industrial (M) District zoning. Such an amendment to the code, if approved, would permit all industrially zoned properties in the city to be used for tractor trailer truck storage purposes. Staff contacted the property owners for the site and learned that they were unaware of the code related problems occurring at the site nor were they aware that the aforementioned proposed application had been submitted to the City by the Barn restaurant owners. The property owners have informed staff that they were completely opposed to the submission of such plans, expansion of the Barn or any creation of a tractor trailer storage lot on the subject property (see attached correspondence). Without the property owner's written support for such a proposal, a conditional City Council Report Outdoor Storage - 14982 Redhill Avenue August 21, 1995 Page 3 use permit cannot be processed by staff for consideration by the Planning Commission. CONCLUSION Due to the property owner's strong opposition to the proposal to add a tractor trailer storage lot to the Barn restaurant site, staff requests City Council concurrence that Community Development Department staff continue working with the lessee to eliminate all code violations at the property. Staff will continue to work with Mr. Andersen to ensure the removal of his tractor trailer from the property in a timely manner. Dana OgdDn Senior Planner DO:kd\ccreport\barn.do Christine Shingl6t6n Assistant City Manager RONALD K. BROWN, JR.* GARY ALDO DAPELO * ROBERT W. DYESS, Jl~. MELVIN S. FELDMAN PAUL C. HEGnESS DEBORAh L. hUENNEKENS HEIDI STILB LEWIS AARON P. MORRIS THOMAS J. O'KEEFE - NANCY E. RANEY JOHN A. STILLMAN t~RISTINEA. THAGARD THOMAS E. WALLEY PROFESSIONAl. CO R PO*RATIO N LAW OFFICES OF GOOD, WILD~LA_N, HEONESS & '~A?_ALLEY SO00 CAMPUS DRIVE 1N'EWPORT BEACH, CALIFORNIA 9200° (714) 955-IlO0 August 14, 1995 VIA MESSENGER ROY m. GOOD PAUL W. WILDM, OF COUNSEL LOUIS A. CAI~PADONA DOUGLAS M. VlCKERy FAX (?14) 833-0633 Mr. Dana Ogden Senior Planner 300 Centennial Way Tustin, California 92680 Re: The Barn Restaurant Dear Mr. Ogden: This letter will serve to advise you that these offices represent Koll Tustin Business Center who is the lessor to Rustic Restaurants, Inc. dba The Barn Restaurant. It is my client's understanding that an application was recently submitted for a variance requesting approval for the Barn Restaurant to (i) implement outdoor parking for tractor trailers on a permanent basis; and (ii) expand the restaurant operation to include deck seating in addition to expanding the general seating area in the restaurant. Please be advised it is my client's position that neither of these uses are permitted by the lease between our client and the Barn Restaurant .and/or the Barn Restaurant has not properly requested authorization to change the use of any portion of the premises and/or to expand its seating area or otherwise construct additional improvements to the building to implement deck seating. We understand that a hearing will be held on or about August 21, 1995 in relation to the above-referenced variance request. Please consider this letter an objection to the requested variance and authorizations requested by the Barn Restaurant on the grounds more particularly set forth hereinabove. Moreover, with the tenant in bankruptcy, it is doubtful that the application for the variance or other documents submitted to the City were transmitted with the knowledge and/or approval of the bankruptcy trustee or bankruptcy court. If possible, we would like copies of all such documents sent to us. Mr. Dana Ogden Senior Planner August 14, 1995 Page Two If you would like additional information or require clarification of any of these points, please feel free to contact the undersigned or Mr. Michael Meyer at Koll Management Services (714) 261-2499. We would like written notification of the results of the hearing as well as any and all further action, notices, rulings, etc. that take place in connection with the Barn's activities with the City. Thank you for your cooperation in this regard. Very truly yours, RKB/cgs cc: Mr. Michael Meyer S & WALLEY Ronald K. Brown, Jr.