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Home My WebLink AboutPHIL COX LETTER 3-11-17 COX 'S MARKET PLAZA A Place of History for Unique Shops • Since 1936 • Old Town Tustin PHILIP K. COX - LINDA M. COX • POST OFFICE BOX 6069 • BROOKINGS, OR 97415 Phone • Phil Cell 714 -227-4610 • Linda Cell 541 -469-5729 • Fax 541 - 469-3815 e-mail philindacox(d)-charter.net March 11, 2017 Re: DESIGN REVIEW 2016-10: OUTDOOR SEATING AND OLD TOWN PARKING EXCEPTION To Planning Commissioners: Austin Lumbard Ryder Smith Amy Kavanaugh Mason Steve Kozak Jeff Thompson Dear Commissioners; This letter is to state our position on the proposed sidewalk seating which is been requested by Mr. Enrico Pozzuoli, at his restaurant CENTRO, 140 East Main Street, Tustin, California. As we recall, it all started at a town meeting on September 29, 1991. Back around May, 2015 Assistant Planner Amy Stonich advised that the City was now encouraging sidewalk dining. She advised that this could be done, "Over the counter in about 30 days." The Coxes were happy to bring Tustin's dream to a reality. Now here we are, about 20 months later, trying to get approval. In examining the Exhibit "A", we were surprised to find section 2.17 (Now changed to 2.19)which states "In the event that the City implements programs and regulations to create a parking assessment district(s), the property owner and all successors in interest shall not contest and must participate in implementation of such programs and regulations." This appears to add an unwanted burden to be placed on us or any future owner of our property. There is no indication of what this parking assessment could entail. Although we would endorse and may well participate in more parking in Old Town Tustin, we are reluctant to "write a blank check" for something that may be thought up in the future by staff unknown to us. On June 11, 2015 we received a copy of the Tustin City Code 9277 — OUTDOOR RESTAURANT SEATING AREAS (Ord. No. 1373, Sec 11, 1-19-2010). Nowhere therein is the section 2.17/2.19, that we object to, mentioned. We have learned that the permit for sidewalk seating at the AMERICAN GRUB, 365 El Camino, Tustin, California, Property Owners Arnold and Tina Surfas, did not require this condition. It is also our understanding that this section was not applied to the sidewalk seating at El CAMINO CAFE, 195 El Camino Real, Tustin, California. We believe that we have more on-site parking area available for use by the customers of our tenants than the two restaurants noted above. Of our lot area of 30,056 square feet, only about 10,000 square feet is used by the building. The rest is devoted to parking, driveways, loading zone, sidewalks, memorial area and patios. Please have staff research and provide information to the Planning Commission and to us. (The Freedom of Information Act should permit our request) to following: The date that the Paragraph 2.17/2.19 was first applied to a sidewalk dining requests. How many property owners requesting sidewalk seating were asked to submit to this request? How many, if any, complied? The property owner/s name and project address if signed. Name Project Address Name Project Address Name Project Address If there is additional persons, please list on additional page/s. Except for sections 2.17/2.19 we heartily approve the long sought-after sidewalk seating. On the advice of our Attorney and our common sense, we will not entertain the thought of signing this portion of the Conditions of Approval. It is doubtful, that anyone reading this letter would place such a permanent liability on their Real Property. Thank you for your consideration. Respectfully Submitted, Philip K. Cox Philip K. Cox, Property owner 140 El Camino Real, Tustin, California I ,inch M. Cox Linda M. Cox, Property owner 140 East Main Street, Tustin, California PKC line DT3\C\CMP\TENANT\D\Ltr.PlanningCommission20170311.doc Delivery e-mail, Blind carbon copy Copy to: Edmilynne V. Hutter, Senior Planner Elizabeth A. Binsack, Planning Commissioner Secretary (Please deliver copies of this to Planning Commissioners) Enrico Pozzuoli, Applicant Walter M. Crandall, Esq.