HomeMy WebLinkAboutACTION AGENDA 01-22-02
ACTION AGENDA
ZONING ADMINISTRATOR
REGULAR MEETING
JANUARY 22,2002
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CALL TO ORDER:
10:40 a.m. Community Development Department
Conference Room
ROLL CALL: Elizabeth Binsack, Zoning Administrator
Staff: Doug Anderson, Senior Project Manager-Transportation
Jim Draughon, Redevelopment Program Manager
Karen Peterson, Senior Planner
Minoo Ashabi, Associate Planner
Eloise Harris, Recording Secretary
PUBLIC CONCERNS:
(Limited to 3 minutes per person for items not on the agenda.)
CONSENT CALENDAR:
No Items on Consent Calendar
PUBLIC HEARINGS:
None
REGULAR BUSINESS:
1. DesiQn Review 01-020 a request for authorization to construct an addition to an
existing restaurant to include eight (8) additional seats and a retail tea sales area
and a new 520 square foot detached retail building. The project is located at 335
South C Street within the Central Commercial/Parking Overlay District (C-2,P)
district.
APPLICANT/
PROPERTY
OWNER:
AUDREY E. HEREDIA
THE McCHARLES HOUSE RESTAURANT
RECOMMENDATION
That the Zoning Administrator adopt Zoning Administrator Action 02-001
approving Design Review 01-020.
Presentation: Minoo Ashabi, Associate Planner
Zoning Administrator Agenda
January 22, 2002
Page 2
Minoo Ashabi presented the staff report.
The Zoning Administrator asked if, since the approval of Phase 1, there have been any
concerns or complaints regarding parking.
Doug Anderson indicated that Public Works has received no complaints, and no
accidents have occurred as a result of the removal of parking.
The Zoning Administrator stated that the disability access seems to back into the public
right-of-way without much of a queue; and, asked if there was any concern related to that
access.
Doug Anderson answered that when the parking was removed from the site and the
disabled parking installed, the appropriate turning templates were applied; and, stated the
site was found in compliance with a 3-point turnaround.
The Public Hearing opened at 10:45 a.m.
The Zoning Administrator asked the applicant to provide comments.
Audrey Heredia, 13561 Malena Drive, Tustin, shared her excitement about the project
and indicated the plan is to enhance the appearance of Old Town. McCharles House is
known nationally as a destination restaurant, but she wishes to broaden the scope by
including retail and gardens as a respite where people can stroll and not just be a part of
the restaurant customer base. Ms. Heredia stated there have been no customer
complaints regarding parking.
The Zoning Administrator asked if Ms. Heredia had reviewed the staff report and agreed
to all the conditions.
Ms. Heredia answered affirmatively.
William Vasquez, 13581 Malena Drive, Tustin, stated his opposition to the project based
upon the lack of parking; stated he knows of no parking analysis relating to Old Town
showing which spaces belong to which businesses; stated the lack of on-site parking for
McCharles House will impact the residential uses in the area; suggested the people
visiting the Tustin Unified School District office will have no place to park, creating safety
issues; stated that is the sort of conflict created with mixed residential/commercial use;
and, stated his concerns extend to what happens ten or twenty years in the future.
The Zoning Administrator summarized Mr. Vasquez's concerns; stated that this property
is within a parking overlay district, which provides for a great deal of flexibility regarding
uses and parking; and, asked staff to respond to questions regarding the parking plan,
the future availability of spaces, and how parking relates to downtown uses.
Karen Peterson stated the parking provisions, approved in 1999 in accordance with the
Tustin City Code, were designed to encourage an intensification of uses in the downtown
area; stated today's action does not relate to parking since that action was taken some
Zoning Administrator Agenda
January 22, 2002
Page 3
time ago; and, added that the action being considered today is consistent with the intent
of the overlay district.
The Zoning Administrator referred to various businesses taking advantage of the parking
spaces in the downtown structure; and, asked Mr. Draughon if there have been any
concerns with those spaces.
Jim Draughon answered in the negative; stated the downtown district is characterized by
a combination of on-street, off-street parking, and centralized public parking; the public
parking is comprised largely of the lot behind Rutabegorz; additional public parking will be
coming on line with the completion of the water yard improvements; existing public
parking is underutilized at this time; and, commented that it is nature of historic districts
not to have a large amount of surface parking.
The Zoning Administrator asked if signing could be conditioned to benefit new visitors to
McCharles House.
Karen Peterson indicated there is a sign in existence as part of Phase 1.
The Zoning Administrator stated the report does not provide an opportunity for re-review if
there is a problem.
Karen Peterson answered that a condition could be added.
The Zoning Administrator suggested that condition should include an annual review or
more often if necessary and be permissive rather than mandatory.
Karen Peterson indicated any complaint should be required to demonstrate any problem
is directly related to the McCharles House.
Michelle Pettit, 145 West Main Street, Suite 200, indicated she owns the office building
that backs up to the McCharles House at the corner of C and Main Streets; stated that
restaurant patrons parking in her lot are no longer a problem since Ms. Heredia
addressed Ms. Pettit's concerns by installing wrought iron decorative fencing; suggested
that the public parking is not properly designated; and, asked if the City could make the
signs more visible.
Both Doug Anderson and Jim Draughon indicated that more prominent signage is
planned as part of the streetscape project.
Vivian Heredia, 13561 Malena Drive, partner to the applicant, indicated that they are
educating their customers regarding the public parking behind Rutabegorz.
The Zoning Administrator asked the applicant if the proposed modification met with her
approval and whether or not she understood that all costs for any review would be borne
by the applicant.
Audrey Heredia stated her understanding and acceptance of this modification.
Zoning Administrator Agenda
January 22, 2002
Page 4
Karen Peterson indicated that would be new Condition 3.6.
The Zoning Administrator stated that anyone requiring the specific language should
contact Karen Peterson or Minoo Ashabi this afternoon.
The Zoning Administrator approved Zoning Administrator Action 02-001 approving
Design Review 01-020, as modified.
The Zoning Administrator stated there is a seven-day appeal period. The deadline is
Tuesday, January 29, at 5:30 p.m. If no appeal is presented, the action becomes final. If
an appeal is received, that appeal will go before the Planning Commission.
REGULAR BUSINESS:
None
ADJOURNMENT:
The Public Hearing closed, and the meeting adjourned at 11 :03 a.m.
The date of the next regular meeting of the Zoning Administrator will be scheduled when
items are set for hearing.