HomeMy WebLinkAboutPH 2a USE PERMIT 81-13 05-04-81DATE:
May 4, 1981
PUBLIC HEARING
NO. 2
5-4-81
Inter-Corn
TO:
FROH:
SUBJECT:
Honorable Mayor and City Council
Community Development Department
APPEAL of Use Permit 81-13
Applicant:
Location:
Robert P. Warmington Company
13112 Newport Avenue, Suite I & H
Request:
To appeal the Planning Agency denial of Use Permit
81-13 which turned down the application of B'Nai
Israel Congregation for the use of Packer Square
(Suite I and H) as a religious congregation and
class area.
BACKGROUND
On April 6, 1981, the Planning Agency denied the above application
by the adoption of Resolution 1955B.
On April 7, 1981, the Robert P. Warmington Company requested an
appeal hearing before the City Council. Copies of the staff
report, resolution, minutes and correspondence are provided for
your information.
RECOMMENDED ACTION
Following the public hearing, uphold the findings of the Planning
Agency and deny the appeal.
MAC/dat
DATE:
April 6, 1981
~ LIC HEARING NO. 3
Inter-Corn
TO:
FROH:
-- SUBJECT:
Honorable Chaimvan and Planning Agency Members
ComTunity Development Department
Use Permit No. 81-13
Applicant:
Loc~tion:
Request:
Robert P. WarmingtonC~mpany
13112 Newport Avenue, Suites I & H
To amend Use Permit No. 78-18 to authorize the location
of a religous congregation in the commercial shopping
center
BACKGROUND AND DISCUSSION
In Aug~st of 1978, the Planning Agency approved Use Permit No. 78-18
which authorized construction of the PackersSquare comnercial
center. The proposal called for the development of retail stores,
office buildings and one restaurant. The parking allocation is
sufficient to cover minimum zoning requirements based upon used square
footage and restaurant seating.
This application has been submitted on behalf of the congregation,
B'Nai Israel, to be authorized to hold worship services, as well as
other religious instruction, meetings, and activities in two adjoining
retail commercial suites. The two suites to be used total 3042 square
feet. Based upon this floor area, (commercial use) there are 15
parking spaces allocated in the parking lot for use by users of the
suites.
STAFF CONCERNS
1. Packers Square presently experiences parking space difficulties
with its present use and without the total floor space being rented or
leased. A portion of these difficulties can be attributed to parking
lot design.
2. The proposed use for the group assembly would primarily be on
Saturdays which is one of the busier days for the IrvineRanch Market.
3. Other proposed uses by the applicant indicate that it would be a
school with pick-up and drop-off of the students. This would not be a
compatible use with the existing commercial use and this use could
also generate a traffic congestion problem for the oenter.
( (
Staff Report
Use Permit 81-13
Page 9.
4. The applicant has indicated that on certain occasions there will
be a range from 22 to 100 persons congregated for activities at a
given time.
Based upon a 15 space allocation, only 45 people could assemble at the
proposed suites and be in conformance with a strict interpretation of
the parking regulations. In previous actions, the Planning Agency has
taken into account the time of day for assembly to determine exact
parking demands.
5. Extensive interior modifications will be required to bring the
saites up to building code requirements for an assembly use.
6. There is concern over the use of the rear delivery alley by the
congregation if parking demands exceed availability near the suites.
This could block delivery and emergency vehicles in attempting to
serve the center.
REODMMENDED ACTION
Staff has strong reservations concerning an approval for the subject
use r~uest. A favorable recommendation by staff would be based upon
num~erous control conditions over the time of use and number of
participants. Such conditions would be the responsibility of staff to
monitor to ensure compliance.
The full range of activities requested by the congregation warrants a
single use development and not a shared site with heavy
co~raercial/professlonal usage.
Two draft resolutions are attached for consideration.
AGW: hn
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RESOLUTION NO. 1955 B
A RESOLUTI(1N OF THE Pkth~ING AGI~2~CY OF THE
CiTY OF TUSTIN, DENYING T~[E OPEILiTION OF A
P~IGIOUS INSTRUCTIONAL ASS~4BLY AT SUITF~ H
AND I, 13221 NEWPORT AVENUE
~The Planing Agent7 of the City of Tustin does here~f resolvt? as
fol lows:
i. The Planning Agency finds and detem0ines as follow:~:
A. That a proper application, (Use Permit No. 81-13), tms
been filed on behalf B'Nai Israel Congregati(m by the
Robert P. Warmington Company to authorize the use of
Suites H and I, 13112 Newport Avenue for religious
instruction assembly.
B. That a public hearing was duly called, noticed and
held on said application.
C. That establishment, maintenance, and operation o[ the
use applied for mt the site proposed would not be
compatible with the existing improv~nts with adjacent
land ruses based upon the following :
1. The site was orignially designaw] ~ mn office
retail co~rcial center.
2. The site does not exceed minim~m parking accom-
modation rt~quirements for its designed usc .,and floor
ar~ squax~ footage, and therefore there are no extnt
spaces available for ~ss~mbly
3. Th,:~re %~ald be an increase in F~{rking l)roble~m3 due
to conflict between c~mJnerc!al usage and congregation
Farking demands.
Agoncy, held on (~_
Recording Secretary
AGW:hn
[Larch 31, 1981
II. ~]e Planning Agency hereby denies Use Pem~it 81-13,
appllc~ for to authori?~ a religious instructioaal ass%,~bly
with a previously constructed commercial shopping center.
a regular m~eting ,of the Tustin Planning
~ ]/
day of L/~5~.&.~-/ , 1981.
,-)
Dbnald ,I~, Skltarel ti
C?tai rma~ ~
Planning A~ency Minutes
April 6, 1981 3:00 ~.M.
Page 3
Use Permit ~o. 81-13
Applicant:
Location:
Request:
Robert P. Warmington Co.
13112 Newport Ave. Suite I and II
To authorize the location of a religious
congregation in the commercial shopping center.
Alan Warren presented the staff report
Mr. Warren stated that because of the parking problems that
exist in this square, only a maximum total of .55 people could
assemble at these suites at any one time.
Mrs. Kennedy was concerned with the probability of only 45
persons assembling at any one time.
The Public Hearing was opened.
Because of the obvious parking problem, it was suggested the
applicant look for another site.
Motion by Edgar, seconded by Kennedy to deny use permit 81-13
by approval of Resolution 19S5 B.
AYES: Edgar, Kennedy, Hoesterey and Sharp.
NOES: Sa!tarelli.
'qne 12obert P. Warming on
another generation of caring...
April 7, 1981
Mr. Michael Brotemarkel
Director of Community Development
City of Tustin
Centennial at Main
Tustin, California
Re: Appeal of Planning Agency Decision
Amendment to Use Permit No. 78-18
Dear Mr. Brotemarkel.:
At their regualr meeting of April 6, 1981, the Planning Agency
of the City of Tustin Denied the application of The Robert P.
Warmington Co. to amend Use Permit No.78-18, authorizing the
location of a religious congregation (B'Nai Israel) in the
Packers Square Shopping Center. I was under the impression
that the Agency meeting began at 4:00 P.M.; unfortunately,
I was not present when the hearing on this item took place.
And, there were approximately forty (40) members of the B'Nai
Isreal Congregation in attendance who did not state their
support of this requested action.
For these reasons, please accept this letter as a formal request
from The Robert P. Warmington Co. to appeal the decision of
the Planning Agency to deny the proposed amendment to Use Permit
No. 78-18 to the City Council for final determination. Should
you have any questions, please call me.
Respectfu-ly submitted,
THE ROBERT P. WARMINGTON CO.
Robert H. Odle
RHO:bw
16592 Hale Avenue Irvine, California 92714 (714) 549-8867