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HomeMy WebLinkAboutCONT PH 1 U.P. 82-22 11-01-82DATE: November 1, 1982 CON iUED PUBLIC HEARING 11 - 1-82 Inter-Corn TO: FROH: SUBJECT: Honorable Mayor City Council Members Community Development Department Appeal of Use Permit 82-22 Applicant: Michael Jacobs Location: 151N. Tustin Avenue - Heritage House BACKGROUND On October 20, 1982, a public hearing was held to consider an appeal for the Heritage House approval which allowed 45 seats and wine tasting. This hearing was continued in order to allow Council and staff to further study the restaurant and adjoining sites. The applicant originally requested 45 seats in his use permit application for the proposed restaurant area on the second floor. When a detailed study was done of the floor plan and available parking, it was determined that 42 seats would be the maximum number allowed under existing ordinances. Therefore, the resolution of approval (No. 2062) should be changed from 45 to 42. DISCOSSION The Planning staff conducted a parking lot study from October 22 through October 26 between the hours of 11:30 a.m. and 1:15 p.m. The empty parking space count at 131N. Tustin (Mr. Jacobs's office building) ranged from 25 spaces to 33 spaces. The empty parking space count at 151 N. Tustin Avenue (Heritage House) ranged from 7 spaces through 15 spaces. The empty parking space count at 171N. Tus~in (interior decorator shop) ranged from 4 spaces through 7 spaces. Available spaces at 131 - 45 Available spaces at 151 - 30 Available spaces at 171 - 17 Mayor & City Council November 1, 1982 Page 2 Pleasure of the City Council. follows: 1. The alternatives open to the Council are as Affirm the findings of Resolution No. 2062 and deny the appeal request; or Repeal Planning Agency action and deny Use Permit 82-22; or Modify the conditions of approval to mitigate impacts of the restaurant use: a) the Council could require the restaurant owner to designate Heritage House parking with appropriate markings; b) reduce the seating ta 32 seats with a review by the Planning Agency in six months. MAC:ih 10-27-82 Attachment EMPTY SP~CES PARKING STUDY 131, 151 & 171N. Tustin Avenue October 22, 1982 - 11:30 a.m. October 22, 1982 - 12:42 p.m. October 25, 1982 - 11:48 a.m. October 25, 1982 - 1:15 p.m. October 26, 1982 - 11:53 a.m. October 26, 1982 - 1:15 p.m. 131 151 171 26 10 5 33 9 5 3I 15 7 26 10 6 25 7 5 26 11 4 DATE: October 20, 1982 PUBLIC HEARING (7:30) 2 Inter-Corn TO: Honorable Mayor & City Council Members FROM: Community Development Department SUBJECT: Appeal of Use Permit 82-22 Applicant: Michael A. Jacobs Lcation: 151Tustin Avenue BACKGROUND On October 4, 1982, the Tustin Planning Agency approved U 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 RECOF~ENDED 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 Sept,=,,,,her 23, 1982 Ms. Mary Wynn, City Clerk City of Tustin 300 Centennial Way Tustin, Ca. 92680 Re: Heritage House -151N. 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 Heritage House. We share a co~aon 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 six 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, Heritag~ 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 Tusttn Company, Ltd. parking lot. This causes great inconvenience to our tenants, d~m-ge to their autos, (heavy use of parking and people getting in and out of the autos) a great deal of trash on the North side of our building and many tenant complaints concerning the lack of parkin 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 approximately 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 5 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 Wynm, City Clerk Page two In s,""mmry, as the customers of the Heritage House now make great use of our posted parking areas causing the mmn¥ probl-mm previously listed; as the proposed additional parking will be located in a m~st inconvenient area; as the flow of traffic in the parking areas will be greatly increased; as the use of the Tustin Company parking facilities will most probably be illegally u~ed to an even greater extent than they are now, we respectively request that the Tusttn Planning Agency reconsider their approval of the request to add 42 seats for a restaurmmt at 151N. Tustin Avenue. Tustin Company, Ltd. DATE: September 20, 1982 inter- Corn CONTINUED PUBLIC HEARING NO. 1 TO: FROH: SUBJECT: Honorable Chairman & Planning Agency Members Community Development Department Use Permit 82-22 Applicant: Location: Request: Goldwyn Enterprises on behalf of Heritage House 151N. 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). DISCUSSION 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: 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 - I 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~#DED ACTION Please of the Agency Direct staff to prepare a resolution. MAC:jh 9-15-82 1 13 14 15 16 17 18 19 2O 21 22" 23 24 25 26 27 28 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 151N. 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 Tusti probl a joint use agreement for parking with 171 N. n Avenue shall be recorded to alleviate parking ems. 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 requirements. 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. t0 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 Resolution Ho. 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 151N. 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 ,meeting of the Tustin Planning Agency held on the Z2Z~ day of ~=~7~¢~ , 1982. Recording Secretary