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HomeMy WebLinkAboutPH 3 USE PERMIT 81-17 05-04-81DATE: May 4, 1981 PUBLIC HEARING NO.3 ! nter - C om -- TO: FROM: SUBJECT: 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 Leasing, 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, including 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 16, 1981, staff of the Community Development Department contacted the managers of Auto Mate 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 81-17 May 4, 1981 Page Two The subject properties have been a continuous source of concerns to the City for the past ten years. The City Engineer in a memo dated April 22, 1981 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: e 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. That a parcel map be filed for that portion of Parcel 2 of P.M. 25-29 as required by the Subdivision Map Act. That all outdoor advertising signs (billboards) be removed from the premises. That on 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 ACTION The 1. following actions are recommended: A public hearing be conducted and following testimony, the hearing be closed. The Agency direct staff to advise owner and tenant of the status of the property and use and conditions necessary to bring the 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 neighborhood 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.d.A. Acting Community Development Director RKF/dat CITY COUNCIL Donald J. Sahar~lli. Mayor Richard B. Edgar, Mayor Pro-{cra Ursula E. Kenned)' James Ii. Sharp Ronald B, Hoestcrey $~rch 16, 1981 Auto ~te 14042Re dh ill Avenue Tustin, California 926~0 Subject: Automobile sto~age at 14042 Redhlll Ave. Gentlsnen: It l'm.s been n,~t~,~ that a large mmo,,,ml of leasing vehicles, (20), are beins stored at the subject site. It was staff's understanding t~h~t this facility would prL.~-~rily be a 1 ~easin~ office with only four or five autos on hap~ for l~-~d3iate leasing. The car?ent ~re~th'k~ of oF~ration is not authorized Ln the C-1 District. ~e storage of ~ch a ,?:anti~¢ of vehicles ,~lst be aba~ed. Also, a busine~ license- ~ be applied for ~ny office use at this site. P!~e contact the ~mmityDeveloument Department if you have any questions. Sincerely, Alan G. Wmrren Senior Planner AGW/hn Gene 8nydar, Public Services Assisr~nt ~ry Chamberlain, kasociate Planner l I BUSINt-55 !AX ~NESS liCENSE TAX APPLIlCATION IUSTIN CITY HALL 300 CENTENNIAL TI)SIr I1',~, CA. 926B0 for or renew your City of Tustin Business I, icense due on ,January 1st, ill out the lorn below and return to the l~usinc,.~Ts I.~cense Coordinator ur c}',eck in the correct amount due, (see reverse side) payable to the TUST;X. (Please print)