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Home My WebLink AboutPH 1a USE PERMIT 81-17 05-18-81DATE: ~y 18, 1981 CONTINUED PUBLIC HEARING NO. 1 Inter-Corn TO: FROM: SUBJECT: ~qonot'able Chairman and Members of the Planning Agency Communi tf DeveloDment Dep~rtment Use Permit 81-17 (Auto Sales and Leasing - 1404~ Red Hill - Continued) A public he,ring was conducted by the Planning Agency on May 4, 1981 on the application of Eugene and Rita Tuft [w~questing authorization to operate an automotive s~l~ and leasing business at 14042 .Red }{ill Avenue. The owner was not in attendance and due to the necessary improvements to the property the ~atter w~s continued. No n,3,v information has been submitted in support of the appl icat ion. ~ED ACTION: It is reco,.,~ge~ded that following the public hearing that action on the Use Permit be continued until approval of the zone change and the Agency direct st~ff to prepare a n=~solutlon incorporating the determination of the agency. R. Kenneth Fleagle, D.P.A. ~cting Conrmanity Development ..Director RKF/dat DATE: TO: FROH: SUBJECT: May 4, 1981 PUBLIC HEARING NO. 3 Inter-Corn Honorable Chairman and Members, Planning Agency Community Development Department Use Permit 81-17 Use Permit 81-17 has been filed by Eugene and Rita Tutt requesting authorization to operate an automotive sales and leasing business at 14042 Red Hill Avenue. BACKGROUND The subject property was the former site of Mr. Up Restaurant above the Shell Service Station at the northeasterly corner of Nisson Road and Red Hill Avenue. Upon abandonment of restaurant operations at this site the property was advertised for lease as office space. Several months ago the restaurant portion of the structure was occupied by Automatic Leasin§, a Huntington Beach partnership, H.G. Cooper, General Manager. The Business License application described the business as: "Vehicle Leasing, building to be used as offices." An application was made on December 30, 1980 to reface all of the signs, includin~ the Freeway Restaurant pole sign which extends to a height of 72' above ground level, to show the name of the business as "Auto Mate". The sign permit was approved by staff. On March t6, 1981, staff of the Community Development Department contacted the ~anagers of Auto ~.late to advise that their operations are in violation of the zoning ordinance, (letter of notice attached). As a result of this notice, an application has been made for a zone change and use permit. DISCUSSION Although the application for a business license was for office use of the restaurant portion of the structure, the actual use is as a sales office with the parking area being used as a vehicle display yard. Not only is the property being used as a display area, the adjoining streets are being used for the storage of related vehicles to the detriment of traffic flow and orderly development. Use Permit 91-!7 May 4, 1981 Page Two The subject properties have been a continuous source of concerns to the City Fo~ the past ten years. The City Engineer in a memo dated April 22, 1991 has highlighted some of his concerns. This memo was furnished to the City Attorney for his review and comment. It is also noted that the Use Permit can not be approved until the zone change action has been approved, which requires the adoption of an ordinance. Staff recommends that the owner and tenant be advised that the present use of the property is illegal. Prior to the effective date of a Use Permit as requested, applicable conditions should be satisfied relating to both parcels. These conditions include the following: All street improvements for Parcels 1 and 2 be completed prior to the issuance of a Use Permit for the automobile sales and leasing or a cash deposit be made to the City in an amount determined necessary by the Director of Public Works. 2. That a parcel map be filed for that portion of Parcel 2 of P.M. 25-29 as'required by the Subdivision Map Act. 3. That all outdoor advertising signs (billboards) be removed from t~e premises, That ~ site vehicle storage and display be restricted to 30 vehicles, including sales personnel and employees and the on street parking of vehicles related to the operations shall be a basis for revocation of the Use Permit. RECOMMENDED The following actions are recommended: 1. A public nearing be conducted and following testimony, the hearin~ be closed. The Age~:y direct staff to advise owner and tenant of the status ~f the property and use and conditions necessary to bring tqe property and use into conformance with the applicable regulations. Use Permit 81-17 May 4, 1981 Page Three The Agency determine the conditions necessary to assure compatibility of the proposed use with the nei§hborhood and/or the general welfare of the City. Direct staff to prepare a resolution incorporating the desires of the Agency for consideration by the Agency at the next regular meeting on May 18, 1981. Respectfully submitted, R. Kenneth Fleagle, D.q~.A. Acting Community Development Director RKF/dat CITY COU N(~iL Donald J Saharel!;. Mayor Ris. hard ,q. Edsar, Ma?~r Pro--tern Ursula E. Kennedy Ran:~!d B. Itoes!¢~e:, 16, i9~i Auto 14042 Re&hi 11 Avenue 'h:stin, C~.l!for~.ia 92630 Suhjact: ~utc~r~bile st;~wage at ..~- Redhill Ave. s!ored at the :;ubjcct site, It '~r:_: staff's ~nderst~ndin~ t]~t this f~cility i~!ate ien~tng. operation is :.~)~; authorized in the C-1 District. ~ae q'~antity of v~hic, l~..~ ~ust he_ abatect. Also. a bus[he,sc Hcen~e ~as~. t~ aDplied £o~' any office use ;:t '!:his site. c, n cerely Alan G. Warren ~cn't or Planner &$W./hn Gene Snyder, Public Services A~sis*~nt MaW Oa-aaberlain, Associate Planner L~CENSE TAX IUSTI:I CIT'( iu, t.L 1U.q'I' i i'; ~, CA, -926L!0 APPL]CAYJO FI LIr C}IC~.'~: il! ~liC C~ll'!'(:C,t iliStlUIl( ".tiC, (S~'O reve~:;c side) payable to the ,': 'FUSTTZ. (Please print) DATE: 5/l/el Inter-Corn TO: FROI~: SUBJECT: R. K. FLEAGLE, ACTI~G COMMUNITY DEVELOPMENT DIRECTOR JAi~ES G. ROURKE, CITY ATTORNEY ZONE CHANGE 81-1 (GENE TUTT'S PROPERTY) This will confirm our telephone advice to you on April 29, 1981, that it is our opinion that a parcel map is legally required to be prepared, filed and approved for the Tutt property on Nisson Road. JGR:se:D:4/28/81 cc: D.B. DATE: APRII~ 22, 1981 ' Inter-Corn TO: KEN 5~EASLE, ACTING CO~4'JNITY DEVELOPSLENT DIRECTOR FROM: SOB LEDENDECKER, DIRECDDR OF PUBLIC WORKS/CITY ENGINEER SUBJECT: USE PERMIT NO. 81-7 AND ZONE CHANGE NO. 81-1 DDR ~TFfT PROPERTY ON NISSON ROAD USE PERMIT NO. 81-7 No comments. ZONE CHANGE NO. 81-1 The zone change affects both Parcels 1 and 2 of P.M. NO. 25-29 The following is same historical data regarding this property and, more particular, Parcel No. 2 from the July 2, 1980 Engineering Dept. staff report for Variance No. 80-12: In 1971, when Use Peunit ~71-364 was initially granted, a parcel map requirement may have been o~e~looked. I would recommend that the City Attocaey revie~ this ~tter to determine the following: a. If a parcel map was required in 1971 and b. If a map should be required as a condition of approval of this variance, due to the multi ,]se and th,~ lease of a portion of this parcel for commercial use. This parcel being referred to as Parcel 2 of P.M. 25-29 On April t, 1974, the City notified the leasee that Use Permit No. 71-364 could not be granted another 6 :~Dnth extension because the conditions of Planning Cc~issio~ Resolution No. 1360, dated August 27, 1973, relating to ~]is raises the question as to whether the nursery business is a legal operation without the approved ti~ extension on the temporary use .aermit. ~us~n_~.~ i,~ ..... o~)ntinue, ~ c~{h def~'~sit to covet- the cost of street iin£3ro~;e~+~'nts adjacent to the nursery h~si~e~s'~ should b_~ made to the City. The City Council .waived the requirement of a cash deposit for the street At this tJ:~, the q~e~tion of a parcel map ~equiren.~ent on Parcel 2, due to the n~]rsery business lease, has not been resolved. Hopefully, this matter can be resolved with the zone change issue. In addition, this property co~]tains three (3) outdoor advertising signs. It is my understanding that the City Council is desirous of getting all remaining signs within the City removed. Perhaps this zone change is the vehicle to get these three (3) signs removed. SOB LEDENDECKER DIRECPOR OF PUBLIC WORKS/ CITY ENGINEER BL:db