HomeMy WebLinkAboutPH 3 USE PERMIT 82-22 10-20-82DATE:
October 20, 1982
PUBLIC HEARING (7:30)
Inter-Corn
TO:
FROM:
SUBJECT:
Honorable Mayor & City Council Members
Community Development Department
Appeal of Use Permit 82-22
Applicant: Michael A. Jacobs
Lcation: 151Tustin Avenue
BACKGROUND
On October 4, 1982, the Tustin Planning Agency approved Use Permit 82-22
which authorized an existing liquor/delicatessen store to expand into
upstairs areas to furnish accommodations for forty-five (45) dining seats.
This action reversed previous City actions denying such a use because of
lack of parking. Authorizing Resolution No. 2062 was adopted by the
Planning Agency with the following provision:
II. A. A reciprocal parking agreement (or similar guarantee) with
171 N. Tustin Avenue property shall be reviewed and approved by
the City Attorney and recorded at the County.
It was the Agency's finding that suah additional parking would alleviate
any negative impacts of increased customer counts to the restaurant. The
staff report and resolution are included with this packet.
DISCUSSION
Mr. Jacobs, in his letter of appeal, states that a parking problem
currently exists on his property to the south as a result of the
liquor/deli store's lunch trade. He believes the expansion of food service
at 151Tustin will increase the use of his parking area, which is more
convenient, by Heritage House customers.
As a result, Mr. Jacobs is formally requesting the City Council to
reconsider the Planning Agency's approval of 45 seats for the Heritage
House.
Mayor & City Council
October 20, 1982
Page 2
RECOI~NDED ACTION
Pleasure of the City Council. The alternatives open to the Council are as
follows:
1. Affirm the findings of Resolution No. 2062 and deny the appeal request;
or
2. Repeal Planning Agency action and deny Use Permit 82-22; or
3. Modify the conditions of approval to mitigate impacts of the restaurant
use. The Council could require the restaurant owner to designate
Heritage House parking with appropriate markings.
AGW:Jh
10-12-82
Attachments
700 WEST FIRST STREET · TUSTIN, CALIFORNIA 92680
(714) 541-4369
September 23, 1982
Ms. Mary Wynn, City Clerk
City of Tustin
300 Centennial Way
Tustin, Ca. 92680
Re: Heritage House - 151 N. Tustin Ave., Tustin, CA
Dear Ms. Wynn:
Tustin Company, Ltd. wishes to appeal the'decision on the above subject use permit
#82-22. Tustin Company, Ltd. is located at 131N. Tustin Ave. immediately South of the
Eeritage House. We share a common driveway between our buildings. Our appeal is based
upon the following:
1. Current parking is inadequate for~use.
2. Heritage House customers park in theclosest and most convenient parking places
to the front of the Heritage House building entrance. The most convenient parking
places are located at the front of the Heritage House and there are s/x of these
spaces. The next most convenient parking places are located in the North parking
lot of 131N. Tustin Ave. During the day, primarily during-the lunch hour, Heritage
House customers make extensive, unauthorized use of these parking facilities al-
though the parking area is posted.
3. The main parking areas at the Heritage, current and proposed, are inconvenient for
their customers use, therefore they park in the Tustin Company, Ltd. parking lot.
This causes great inconvenience to our tenants, damage to their autos, (heavy use
of parking and people getting in and out of the autos) a great demi of trash on the
North side of our building and many tenant complaints concerning the lack of parking.
4. During the lunch hours 11:30 - 1:30, there is a very intensive use of the parking
area as the' Heritage House in addition to being a liquor store serves hot lunches,
sandwiches, etc. During this time, there are approximately 15 to 20 people waiting
in line to purchase food or pay for their purchases. These people are in addition
to the regular liquor store customers and the 6 to 8 people who are employed at the
Heritage House.
5. If the Heritage House is allowed to put in a restaurant with seating for 42 people,
during the lunch hour the parking situation will be a total mess. During this two
hour period, there will be approx~mmtely 65 to 70 people in the Heritage House and
10-15 people coming and going. If we can estimate an average of 2 people in each
auto, there would be approximately 35 autos parked, 5 to 7 autos looking for
parking and 3 to $ Heritage employees' autos already parked in the parking lot.
It is obvious that the parking on the North side of the Tustin Company Building will not
only be the most convenient place to park, it will soon be the only place to park.
9-23-82
Ms. Mary Wynn, City Clerk
Page two
In s,.~-.-~ry, as the customers of the Heritage House .now make great use of our posted parking
areas causing the mm,~y problems previously listed; as the proposed additional parking
will be located in a most inconvenient area; as the flew of traffic in the parking areas
will be greatly increased; as the use of the Tustin Company parking facilities will most
probably be illegally used to an even greater extent than they are now, we respectively
request that the Tustin Planning Agency reconsider their approval of the request to add
42 seats for a restaur--t at 151 N. Tustin Avenue.
~~Sin'. rely, ~
~ene~l Partner
Tustin Company, Ltd.
DATE:
September 20, 1982
Inter-eom
CONTINUED PUBLIC HEARING NO. 1
TO:
FROM:
SUBJECT:
Honorable Chairman & Planning Agency Members
Community Development Department
Use Permit 82-22
Applicant:
Location:
Request:
Goldwyn Enterprises on behalf of Heritage House
151 N. Tustin Avenue
Authorization for forty-two seats for sit-down eating and wine
tasting
BACKGROUND
On April 14, 1975, the Planning Commission considered a request to change
the use from the existing liquor store and commercial office use to include
a restaurant (sit-down seating). Copies of that report and minutes of the
meeting are attached. On May 12, 1975, the Commission again considered the
same request and adopted Resolution No. 1440 - Alternative "B", which
states that sit-down restaurant operations would not be permitted. (See
attached staff report, minutes and resolutions.) This decision by the
Planning Commission was appealed to the City Council on June 2, 1975. At
that meeting, the City Council upheld the findings of the Planning
Commission and denied sit-down seating for the restaurant use.
On November 14, 1978, the City once again reviewed a request for the
restaurant use at 151 N. Tustin Avenue and were told they could apply for a
use permit (copy of letter from Brian Chase dated November 14, 1978 is
attached).
DISCUSSIO#
Mr. Johnson is now requesting authorization for forty-two (42) seats for
sit-down restaurant along with wine tasting. According to a submitted plot
plan and a check of the parking lot, additional spaces have been added
recently because of the City's acceptance of compact parking spaces. When
the parking was calculated for the Community Development Director in 1975,
the requirements were determined to be thirty (30) spaces and existing were
twenty-nine (29). No parking was allocated for the food preparation and
food storage areas. The present proposal uses the parking requirements of
the Commercial General (CG) district which provides parking at the
following ratios:
ae
Restaurants - i space per three seats
1 space per 300 square feet of food preparation
and storage area
Chairman & Planning Agency Members
September 20, 1982
Page 2
b. Office - 1 space per 300 square feet of area
c. Retail Sales - 1 space per 200 square feet of sales area
On the submitted plot plan, parking spaces are shown jointly for the
Heritage House and the commercial structure northerly (at 171 N. Tustin) of
the Heritage House. If the use permit is approved, it is recommended that
one of the conditions of approval be that a reciprocal (mutual) parking and
use restriction agreement be recorded for these two properties.
The existing parking spaces on the Heritage House parcel are (30.5). The
existing spaces on the northerly parcel are 17.5. Since the commercial
building on the north requires only 11 spaces at this time, and the
Heritage House wants to borrow five from the northerly parcel, a use
restriction would have to be placed on the northerly property that their
use could not intensify.
The Building Division has informed the applicant that in order for the
building to be brought up to code, a licensed architect will have to
prepare a set of plans to show conformance with all applicable current
technical codes. Of special interest is the fact that all seating on the
second floor will have to be "fixed seating". If the seating were to be
movable, then the occupancy level would be more than 50 and would be
classified as an assembly occupancy which would mean major changes to the
structure.
CONCLUSION
It appears there are enough spaces for both uses on both properties but
only if the use on the northerly property does not intensify. The building
as it now exists has retail sales of 1,600 square feet (eight spaces
required) and 1,500 square feet of storage (three spaces required). If a
new retail user came in and used the building for offices, 12 spaces would
be required. If a commercial user came in, 16 would be required.
Therefore, the need for the use restriction.
RECOI~qENDE:D ACTXON
1. Please of the Agency
2. Direct staff to prepare a resolution.
MAC:ih
9-15-82
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The Planning
follows:
RESOLUTION NO. 2062
A RESOLUTION OF THE PLANNING AGENCY OF THE
CITY OF TUSTIN, APPROVNG USE PERMIT 82-22,
AUTHORIZING FORTY-FIVE (45) SEATS FOR SIT-
DOWN EATING AND WINE-TASTING AT
151 N. TUSTIN AVENUE
Agency of the City of Tustin does hereby resolve as
I. The Planning Agency finds and determines as follows:
A. That a proper application, (Use Permit 82-22), has
been filed on behalf of Goldwyn Enterprises by Arthur
Johnson to authorize forty-five (45) seats for sit-down
eating and wine-tasting at 151N. Tustin Avenue.
B. That a public hearing was duly called, noticed and
held on said application.
C. 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:
That a joint use agreement for parking with 171 N.
Tustin Avenue shall be recorded to alleviate parking
problems.
When 171 N. Tustin Avenue changes to a more intense
use, the seating at 151N. Tustin Avenue would have
to be modified to accommodate parking requ'irements.
D. 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 project, nor to the general welfare of the
city of Tustin, and should be granted.
E. Proposed development shall be in accordance with the
development policies adopted by the City Council;
Uniform Building Codes as administered by the Building
Official; Fire Code as administered by the Orange County
Fire Marshal; and street improvement requirements as
administered by the City Engineer.
F. This project is categorically exempt from the
requirements of the California Environmental Quality
Act.
G. Final development plans shall require the review and
approval of the Community Development Director.
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Resolution No.
October 4, 1982
Page 2
II.
The Planning Agency hereby approves Conditional Use
Permit No. 82-22, to authorize forty-five (45) seats for
sit-down eating and wine-tasting at 151 N. Tustin
Avenue.
A. A reciprocal parking agreement (or similar guarantee)
with 171 N. Tustin Avenue property shall be reviewed and
approved by the City Attorney and recorded at the
County.
B. In the future, if the use at 171 N. Tustin Avenue is
changed to a more intense use, the Heritage House will
have to modify their seating capacity accordingly.
C. Construction drawings shall be submitted by a
licensed architect which show the change of occupancy as
required by the Uniform Building Code.
PASSED AND ADOPTED at a regular me~ting of the Tustin Planning
Agency held on the Z2ZF-~? day of ~Y~'~ o , I982.
Recording Secretary
ichard ~. ~-ar, Chairman