HomeMy WebLinkAboutITEM #2 MR. RENGEL'S REQUEST TO WITHDRAW APPEAL ITEM #2
MR. RICHARD RENGEL'S REQUEST TO WITHDRAW HIS
APPEAL
DATED OCTOBER 13, 2020
(INCLUDING EMAIL CORRESPONDENCE)
Tiscareno, Vera
From: Aguilar, Jessica
Sent: Tuesday, October 13, 2020 12:52 PM
To: Willkom, Justina
Cc: Tiscareno, Vera
Subject: FW: APPEAL to TUP2020-0077 SENT VIA US MAIL AND EMAIL
Attachments: SD AG patio remove appeal.pdf; Revised Site Plan with Palm Trees.pdf;TUP-2020-0077 (355 EI
Camino Real) Swinging Door Saloon- Revised 10-13-2020.pdf
Hi Justina,
Richard has agreed to withdraw his appeal. We can take it off the agenda for tonight's meeting.
Regards,
Jessica Aguilar
Associate Planner
City of Tustin
P: 714.573.3149
F: 714.573.3113
Please note that at this time all City of Tustin public counter services will be performed by City Staff online, or by
telephone.
From: Richard Rengel <rrengel@rengelarch.com>
Sent:Tuesday, October 13, 2020 10:22 AM
To:Aguilar,Jessica <JAguilar@tustinca.org>
Subject: RE: APPEAL to TUP2020-0077 SENT VIA US MAIL AND EMAIL
Here you go...
Richard J. Rengel
Principal
Rengel+Company remains fully operational and accessible while our team has transitioned to working remotely.
red ig edz Co.
M 805.704.3663
From:Aguilar,Jessica <JAguilar@tustinca.org>
Sent:Tuesday, October 13, 2020 9:37 AM
To: Richard Rengel <rrengel@rengelarch.com>
Subject: RE: APPEAL to TUP2020-0077 SENT VIA US MAIL AND EMAIL
Hi Richard,
Please email me an attached letter addressed to the Planning Commission requesting to withdraw your appeal.
Something to the effect of:
i
In agreeance with the modified site plan for TUP 2020-0077, 1 am requesting to withdraw my appeal of TUP 2020-0077
(Agenda Item #2 of the October 12, 2020 Planning Commission Meeting).
Thank you,
Jessica Aguilar
Associate Planner
City of Tustin
P: 714.573.3149
F: 714.573.3113
Please note that at this time all City of Tustin public counter services will be performed by City Staff online, or by
telephone.
From: Richard Rengel <rrengel@rengelarch.com>
Sent:Tuesday, October 13, 2020 8:40 AM
To:Aguilar,Jessica <JAguilar@tustinca.org>
Subject: RE: APPEAL to TUP2020-0077 SENT VIA US MAIL AND EMAIL
Thanks,Jessica. Yes, this is acceptable. I withdraw the appeal. Let me know how you want to address this procedurally.
Richard J. Rengel
Principal
Rengel+Company remains fully operational and accessible while our team has transitioned to working remotely.
®W rl+ccs.
arch,
M 805.704.3663
From:Aguilar,Jessica <JAguilar@tustinca.org>
Sent:Tuesday, October 13, 2020 8:03 AM
To: Richard Rengel <rrengel@rengelarch.com>
Subject: RE: APPEAL to TUP2020-0077 SENT VIA US MAIL AND EMAIL
Hi Richard,
Per our phone discussion and your request in your previous email, please see the modified site plan illustrating a total of
(9) potted palm trees along the exterior fence. Six(6) palm trees will be placed adjacent to the public alley and three (3)
palm trees will be placed along the north fence line. These palm trees will be placed along the perimeter during
operating hours.
Please let me know if you have any further questions.
Regards,
Jessica Aguilar
Associate Planner
City of Tustin
P: 714.573.3149
F: 714.573.3113
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architects
October 13, 2020
Tustin Planning Commission
300 Centennial
Tustin, CA 92780
RE: Appeal to TUP 2020-0077
We are in agreement with the revisions and modifications made to site plan for TUP 2020-0077
(attached) by the owner and request that the Appeal be withdrawn (Agenda Item #2 of the October 13,
2020 6:OOPM Planning Commission Meeting).
Richard J. Rengel
Building/Business Owner
333 EI Camino Real, Tustin, California 92780 714.832.3333 www.rengelorch.com
PERMIT TYPE: Temporary Use T u S T I N
PERMIT #: TUP-2020-0077 c
LOCATION: 355 EI Camino Real
ORGANIZATION NAME: dba Swinging Door Saloon sHiuSM)wc ouR FUTURE
w
HONORING OUR PASS
EVENT DATE HOURS OF OPERATION
8/13/2020 - TBD Outdoor area may be utilized during regular business
hours, but no later than 1 0:00 m daily.
APPLICANT CONTACT PROPERTY OWNER
Kimberly Conroy Kimberly Conroy Kimberly Conroy
dba Swinging Door Saloon dba Swinging Door Saloon dba Swinging Door Saloon
355 EI Camino Real 355 EI Camino Real 355 EI Camino Real
Tustin, CA 92780 Tustin, CA 92780 Tustin, CA 92780
swngdoor@mac.com swngdoor@mac.com swngdoor@mac.com
REQUEST: Temporary outdoor dining related to COVID-19 social distancing guidelines for
extended outdoor uses. Request includes use of a portion of the shared rear
parking lot. Plans include use of 9 tables, 42 chairs, 2 20x10 tents, 3 10x10 tents,
and City-provided barriers along the public alley way toward the rear of the parking
lot. Alcoholic beverages may be served with a valid permit from CA Alcoholic
Beverage Control for this space. Outdoor seating to be operated from 11:00 a.m. to
10:00 p.m. daily.
Expiration of TUP: Fourteen (14) days after the City rescinds its emergency
proclamation.
This permit is APPROVED by the City of Tustin Community Development Department. The applicant and
property owner(s) shall comply with the conditions listed below:
1. The applicant shall comply with all COVID-19 State of California and County of Orange
Health Regulations as it relates to business operations.
2. All business activities within the designated outdoor area shall be limited to businesses listed
on the TUP application.
3. All business activity shall take place within the store or designated outdoor dining/ outdoor
retail area and must have a valid business license to operate in the City.
4. The applicant shall maintain adequate security personnel to ensure the security of
merchandise on display, if necessary.
5. All business activities within the designated outdoor area shall substantially comply with the
attached site plan on file with the Community Development Department.
6. When notified by City of Tustin, the applicant shall remove all furnishings and/or obstructions
to accommodate special events or the repair or maintenance of the Property.
7. Sale of alcoholic beverages shall be limited to the hours when sit-down, dine-in meals are
available. Alcohol can only be sold in the same transaction as a meal.
8. All equipment within the designated outdoor area, as approved on the site plan,
shall be installed per the manufacturer's specifications.
9. Furnishings may not be attached by any means to the public right-of-way.
10. The applicant shall be responsible for the maintenance and upkeep of the public
improvements and the property used for the designated outdoor seating area, and
shall be responsible for replacing or repairing any/all damage in the public right-of-
way to the City's satisfaction, per separate Encroachment Permit.
11 . Any litter or landscape debris on-site or within the public right-of-way attributable
to this use shall be removed daily.
12. All activities related to this use shall comply with the Tustin Noise Ordinance.
13. Current Federal Americans with Disabilities Act (ADA) requirements shall be met
and provided at all times. The applicant shall not allow placement of furnishings
for the designated outdoor seating area in a way that reduces access to the public
sidewalk to less than four feet clear of all obstructions and obstructs any or all
access to fire hydrant(s), fire escape(s), and fire door(s).
14. The applicant shall keep clear all required exits and ADA accessible paths of travel
at all times. Exits shall terminate to an approved Public Way.
15. Standard and ADA accessible parking spaces shall be available to all customers.
If existing permanent ADA accessible parking spaces are obstructed, an equal
number shall be temporarily located as close to the building as possible. An
accessible path of travel from the accessible parking space to the building or area
of the business activities is required. Provide accessible dining table for disabled
patrons.
16. If electrical will be provided, temporary electric power and lighting installations shall
comply with Article 590 CEC 2019. The applicant shall submit plans to the Building
Official for review and approval as necessary.
17. All customers shall have access to restroom facilities in the existing buildings or
provide access to temporary restrooms within 250 feet from the event area. ADA
accessibility to the restrooms shall be maintained.
18. Alcoholic beverage sales and distribution are subject to ABC licensing
requirements. Issuance of the ABC license may be subject to conditions related to
the sales, service, consumption of alcoholic beverages.
19. Service of alcoholic beverages in the designated outdoor dining area is limited to
the area approved by ABC.
20. Any on-site food service shall be approved by the Orange County Health Care
Agency guidelines.
21 . Fire department access, roadways and gates shall remain unobstructed at all times
in order to allow emergency vehicles access for firefighting purposes.
22. A Fflethed ef eeHtFeI1iH@ I98Fked e8FS 819811 be FflaiHtaiHed te keep a 29 feet
23. All fire lanes shall be kept clear of any tables, chairs, displays, etc.
24. Temporary tents and canopies shall be anchored to resist windy conditions in
accordance with the manufacturer's installation instructions and shall remain open
on all sides, unless otherwise approved by the City and the Orange County Fire
Authority.
25. Tent materials shall be approved and labeled by the State Fire Marshal as flame
resistant.
26. When a generator is proposed, generators shall be separated from tents and
canopies by a minimum of 20 feet and isolated from the public by fencing or other
means.
27. When a generator is proposed, secondary containment for portable generators
shall be provided and comply with the attached conditions of CASWA BMPs for
Spill Prevention and Control (WM-4). Prior to securing a generator, please check
with the Building Division to determine whether a permit is required.
28.
Area must provide
adequate separation to nearby buildings and adjacent properties.
29. Temporary railings shall be adequately braced and anchored to withstand the
elements of weather and/or collapse.
30. A currently tagged fire extinguisher (2A 10BC minimum) shall be present within 75
feet of travel distance.
31 . All fire protection equipment shall be maintained in an operative condition.
32. Clearance around fire protection equipment shall be maintained (i.e. fire hydrants,
fire department connections, and outside stem and yolk valve (OS & Y).
33. Any use of the right-of-way and/or sidewalk requires appropriate insurance and
approval by the Public Works Director.
34. Revocable License Agreement requirement has been waived for use of the right-
of-way and/or sidewalk, unless otherwise required by Tustin Public Works.
35. If the use requires extra planned or unplanned City services such as police, code
enforcement, or public works services, the applicant shall reimburse the City for
any costs associated with the planned or unplanned City services.
36. If the use is not operated in accordance with the approved application and
applicable guidelines, is found to be a nuisance, or negative impacts are affecting
the surrounding tenants or neighborhood, the Community Development Director
may impose additional conditions to eliminate the nuisance or negative impacts,
or may revoke approval of the temporary use permit. The City may terminate TUP
approval for areas established within the right-of-way at any time if deemed
necessary.
Questions regarding this permit shall be directed to the Community Development
Department at (714) 573-3140 or 300 Centennial Way, Tustin, CA 92780.
1 understand and hereby agree to abide by all the above conditions of approval imposed
by this permit and understand issuance of this permit is discretionary and the use applied
for is not allowed by right and will become null and void if all the conditions of approval
are not met.
i
imber Conroy, Applicant o behalf of
dba Swinging Door Saloon
TUST I N Community Development Department•300 Centennial Way•Tustin, CA 92780
Phone• 714.573.3140
IHISTO
Temporary Use Permit Application
Outdoor Dining, Retail, and Assembly Uses
Permit Fee:$95.00
This fee will be waived throughout of the administration of this program, which is set to conclude fourteen
BUILDING OUR FUTURE (14)days after the City rescinds its emergency proclamation.
HONORING OUR PAST
Please submit completed applications and all required materials to the Planning Division.Applications will be
accepted by mail and in person (by appointment only). Electronic submittals will be accepted via Tustin's
Citizen Self Service(CSS)Portal.
Event Information
Address of Temporary Use 355 EI Camino Real
Assessor's Parcel Number
Business Name The Swinging Door Saloon
Purpose of Temporary Use* Outdoor dining area
Date(s)of Temporary Use starting 8/10/20
Date of Last Temporary Use(if any)June 2019 _
Hours of Operation 11 am-10pm
Description of Temporary Use(identify dimensions for the site as well as all proposed tents,tables,barriers,and proposed improvements;
hours of use. potential service of alcohol,•signage,•operations,cash registers, number of parking spaces or drive aisles to be impacted,•
percentage of parking spaces to be impacted,•and other requests as part of the application). 2 20x10 and 3 1 0x1 0 ft tents to
allow for outdoor tables and seating.American Grub will be providing food as usual.Social distancing will be honored. Restrooms will be open to guests and will be entered through the back door.
A manager will be on site at all time to control crowd size,noise and entering and exiting the back lot.No alcohol in or out.Asking for red barriers fromt he city to
block off parking bt at the ally.Wood traffic barriers will be added b the exposed area by Rengais parking bt b keep guests fmm waking across their praperty,a entering or exiling an thatside Front door
will not be used. Enter and exitonly from the back.
Site Plan: Please attach a site plan of the event
Property Owner Information
Office Use Only
Name Kimberly Conroy
355 EI Camino Real Tustin CA 92780 TUP# 2020-0077
Address _ _ Outdoor Dining X
Outdoor Retail
Phone Outdoor Assembly
Other
E-mail. Ot ------
Applicant Information(if different) ; Date 8/04/2020
i
Name ------- Evaluatedby JA ---
Address— — — Fees Paid N/A
Phone— N/A
— Receipt# —
E-mail—
License Agreement --_
Contact Information(if different)
Insurance Provided
Name
Address ABC Approval
------------------------------
Phone OCHCAApproval
E-mail
Standard Conditions of Approval • The following are standard Temporary Use Permits conditions •A checkmark denotes
conditions applicable to this permit•Additional conditions of approval are required when indicated below
8 All merchandise, supplies, equipment, apparatus, and/or displays associated with the temporary use shall be removed by
midnight on the expiration date of the permit.
8 All debris, litter, waste, spills, and/or other residue associated with the temporary use shall be removed daily by midnight on the
expiration date of the permit. The subject premises shall be restored to the condition which existed prior to the set-up of the
temporary use.
8 All signs or banners shall comply with the City of Tustin Sign Code and shall not be placed within the public right-of-way,unless
approved by the City.
IN All tents shall be installed per manufacturer's specifications.Tents in excess of 200 square feet shall be flame retardant or made flame
retardant in an approved manner.Tents in excess of 400 square feet require approval by and an inspection from the Orange County
Fire Authority.All tents shall be positioned to provide a fire lane of a minimum 20 feet in width between rows of parking.
11 Any on-site food service shall be approved by the Orange County Environmental Health at 714-433-6000.
111111 No alcoholic beverages shall be served,unless permits are obtained through the City of Tustin and the State Department of
Alcohol and Beverages Control.
8 The applicant shall not alter the condition of or construct any improvements or structures within the public right-of-way without
the approvals of the City's Public Works Department.
8 The applicant shall be responsible for any damage to public facilities within the public right-of-way.Any damage resulting from the
permitted activity to curb,gutter, sidewalk, roadway, etc. in the public right-of-way shall be repaired to the satisfaction of the City
Engineer.
8 The activities shall not operate in such a manner that would impact any traffic lanes,cause back up(queuing)of vehicles into the
public right-of-way,or create any unsafe conditions.
B Fire and Police access and passage shall be permitted at all times.All activities including parking and event equipment shall not
block parking areas,access,or passage for disabled persons or emergency response vehicles.
19 All businesses that will be operating within the City of Tustin as a result of this temporary use permit, including event setup and
clearing,shall be required to obtain a valid City of Tustin Business License.
8 The event may be required to cease operating at any time,at the discretion of the Tustin Police Department Watch Commander or
Community Development Director or designee,in response to complaints received during the event from the surrounding community
regarding disturbances of the peace,or for violations of the conditions of approval contained herein or the Tustin City Code.
8 All activities related to the event shall comply with the Tustin Noise Ordinance. No amplified speaking, music, or singing is
permitted unless otherwise noted in the Additional Conditions attached.
8 Any violation of any of the conditions imposed is subject to the issuance of an Administrative Citation pursuant to Tustin City
Code Section 1162(a).
8 The applicant shall hold harmless and defend the City of Tustin from all claims and liabilities arising out of a challenge of the
City's approval of this permit.
Signatures and Acknowledgements
I hereby certify that all the information contained in this permit,including all required plans and other submission materials is,to the best
of my knowledge and belief,true and correctly represented.Should any or all of the information submitted be false or incorrect, I hereby
agree to defend,indemnify,and hold the City of Tustin harmless from liability and;loss by reason of its reliance on any such information.I
further acknowledge that the approval of this permit is discretionary,and the use applied for is not allowed by right.I understand that any
approval may be revoked if any of the conditions of approval are not satisfied.Should the event continue beyond the expiration date,the
applicant and property owner are subject to formal abatement proceedings and possible loss of any bonds posted with the City.By signing
thisiform,Jhe alaplicant an r perty owner acl ledge and agree to all the conditions imposed by this permit.
roper Owner's Signature Applicant's Signature(if different)
ew zMW
Print Name Print name
Office Use Only
Agency Approvals: ® Police ® Fire NAA Public Works ® Planning NtA Building
[X Approved Planning Approval: 4 Public Works Approval N/A
❑ Denied Notes
® Additional conditions of approval required (see attached)
Issued on: 8/12/2020 Permit will expire fourteen (14)days after the City rescinds its emergency proclamation.
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APPROVED
COMMUNITY DEVELOPMENT DEPT. _ C3
Jt 10/13/2020
PLANNING DIVISION
BY:JAguilarilar G
/ 10 �u
Swinging Door
�j 355 EI Camino Real
Extended outdoor dining in
rear parking area adjacent o c CJ cs
—�
to the public alley. Area to Q S
include 9 tables, 42 chairs, �}
5 tents, fencing with vinyl
covering, and City-provided c a
barriers.
ED
Modification (10/13/20): ,--
9 palm tree planters will be _ 0`
placed along the exterior U
fence line during operating `
hours
Conditions of Approval #22
and 28 have been modified
for clarity.
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