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HomeMy WebLinkAboutACTION AGENDA 01-22-02 ACTION AGENDA ZONING ADMINISTRATOR REGULAR MEETING JANUARY 22,2002 **** 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.