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HomeMy WebLinkAbout01 CONDITIONAL USE PERMIT 2012-10, 310 SOUTH PASADENAAgenda Item 1 Reviewed: AGENDAX%EPORT City Manager Finance Director IA MEETING DATE: AUGUST 20, 2013 TO: JEFFREY C. PARKER, CITY MANAGER FROM: ELIZABETH A. BINSACK, COMMUNITY DEVELOPMENT DIRECTOR SUBJECT CONDITIONAL USE PERMIT (CUP) 2012-10,310 SOUTH PASADENA AVENUE (WILCOX MANOR) SUMMARY Conditional Use Permit (CUP) 2012-10 was originally proposed to allow a maximum of 24 paid outdoor weddings, birthday parties, and similar celebratory event- per year at the existing single family residence at 310 S. Pasadena Avenue On October 9, 2012, the Planning Commission adopted Resolution No. 4207 recommending that the Tustin City Council approve CUP 2012-10 to allow a total of 24 (paid and non -paid) outdoor events per year at 310 S. Pasadena Avenue, subject to revised conditions. Following the Planning Commission meeting, the applicants requested that a total of 36 (paid and non -paid) outdoor events per year be allowed. and requested that some of the conditions of approval recommended by the Planning Commission be modified by the City Council. The project site is within the Cultural N, ounce (CR) District and Single Family Residential (R1) District. Pursuant to Tustin City Code (TCC) Section 9252j2(a)(2), the Tustin City Council may consider a proposed non -listed use of a property within the CR District when the use support:3 the purposes of the CR District, following a public hearing and recommendation by the Planning Commission. At the request of the appl cants, this item was continued from the November 6, 2012, to the January 15, 2013, meet -ng of the Tustin City Council, and again to the September 17, 2013, meeting of the Tustin City Council. This item has been re-not,ced for the August 20, 2013, meeting of the Tustin City Council_ Applicants: Michael Demorat.- and Lindburgh McPherson PLANNING COMMISSION RECOMMENDATION Pursuant to Tustin City Code Section 9252j2(a)(2), the Planning Commission has recommended that the City Counc l adopt Resolution No. 13-74, approving Conditional Use Permit 2012-10, determining that the proposed project supports the purposes of the CR District and authorizing a maximum of 24 outdoor events per year at the existing single family residence at 310 S. Pasadena Avenue (Attachment G). In the alternative, the Council may take one of the following actions: City Council Report CUP 2012-10 August 20, 2013 Page 2 • Adopt a modified Resolution No. 13-74 approving Conditional Use Permit 2012-010, determining that the proposed project supports the purposes of the CR District and authorizing a maximum of 36 outdoor events per year at the existing single family residence at 310 S. Pasadena Avenue (as requested by the applicants -- Attachment F); or • Direct staff to prepare a resolution of denial of Conditional Use Permit 2012-10, with findings that the use does not support the purposes of the CR District and findings for the denial of a conditional use permit; or • Take other actions as deemed appropriate. FISCAL IMPACT Conditional Use Permit 2012-10 is an applicant -initiated project. The applicants paid associated application fees. APPROVAL AUTHORITY The project site is within the Cultural Resource (CR) District and Single f=amily Residential (R1) District. Pursuant to Tustin City Code Section 9252j2(a)(1), all uses shall be permitted in the Cultural Resources Overlay District as are authorized in the underlying Residential District. Pursuant to Tustin City Code (TCC) Section 9252j2(a)(2), the Tustin City Council may consider a proposed non -listed use of a property within the CR District when the use supports the purposes of the CR District, following a public hearing and recommendation by the Planning Commission. The purposes of the CR District are, as identified in TCC Section 9252a, to: 1. Safeguard the heritage of the City by preserving neighborhoods, structures, sites and features which reflect elements of the City's cultural, architectural, artistic, aesthetic, political, social, natural and engineering heritage. 2. Encourage public knowledge, understanding, and appreciation of the City's past. 3. Strengthen civic and neighborhood pride and a sense of identity based on the recognition and use of cultural resources. 4. Provide the private and public enjoyment, use and preservation of culturally significant neighborhoods, structures and sites appropriate for the education and recreation of the citizens of Tustin and visitors to the City. 5. Enhance the visual and aesthetic character, diversity of architectural styles and aesthetic appeal of the City. 6. Enhance property values and increase economic and financial benefits to the City and its inhabitants. 7. Assure that new construction and subdivision of lots in the Cultural Resource District are compatible with the character of the district. City Council Report CUP 2012-10 August 20, 2013 Page 3 8. Identify as early as possible and resolve= conflicts between preservation of historic and cultural resources and alternative land uses. INTRODUCTION This staff report provides the City Council with an overview of the project site background, project proposal, policy issues, conditions of approval and findings and is organized as follows: • BACKGROUND — A bref description of the site and surrounding properties • DISCUSSION — A discussion of the project description, proposed operational conditions and the applicant;' justification for meeting the purposes of the Cultural Resource District • ANALYSIS — A discussion of the analysis regarding policy issues, noise, parking and traffic, conditions of approval, and General Plan consistency • FINDINGS — Findings necessary to grant the proposed request, and/or in the al-Lernative should the Council desire to deny the proposal. • PLANNING COMMISSION ACTION — An overview of the changes to Resolution No. 4207 made by the Planning Commission at thF- October 9, 2012, public hearing • APPLICANTS' REQUEST — The applicants' requested changes to the draft resolution • PUBLIC INPUT — A bummary of letters of support submitted by the applicants, correspondence received by the City, and public input during the Planning Commission public hearing • PUBLIC COMMENTS — A summary of comments expressed by those opposed to, and in favor of, the project and staff responses to those comments • OPTIONS — A summary of available options for City Council consideration • ENVIRONMENTAL ANALYSIS — The environmental exemption applicable to the project City Council Report CUP 2012-10 August 20, 2013 Page 4 BACKGROUND Site and Surrounding Properties The project site is located on Pasadena Avenue north of Main Street, south of Second Street, west of Myrtle Street, and directly east of (abutting) the Costa Mesa (SR -55) Freeway (Attachment A — Location Map). Surrounding properties directly to the east and north are detached single-family residences, to the south are multiple -family residences, and to the west is the freeway right-of-way. Beyond the single-family residence immediately to the north of the property is the Tustin Water Service's Pasadena Well site. Figure 1 shows the subject property and the zoning designations of surrounding properties. The project site is the only R-1 zoned property to the west of Pasadena Avenue. The property is also located within the Cultural Resource (CR) Overlay Distnct, where a Certificate of Appropriateness would be required if the project is approved. Figure 1 - Project Site and Surrounding Zoning Map City Council Report CUP 2012-10 August 20, 2013 Page 5 The project site is an approximately 17,000 square foot lot improved with a two-story ma.n house on the front of the property, commonly referred to as "Wilcox Manor," that was built in 1880. The main house is listed on the City's 1990 Historical Resources Survey Report as a Craftsman style building with an "A" rating, signifying the highest architectural and historical significance and integrity. It is rated "4S2" — (may be eligible for the National Register with more research) on the City's 2003 Historical Resources Survey. Also on the site is an approximate 920 square foot two-story, detached carriage house, which was approved by the City in 2010 as a guesthouse. The carriage house accessory building is also listed on the 1990 Historical Resources Survey as being built in 1880 in the Victorian — Italianate style, and has a "B" rating due to some alterations made to the building. The carriage house is rated "4S7" — (may be eligible for the National Register when integrity is mstored) in the 2003 Survey. The structures have been used as a stage stop, hotel, and subsequently as a carnage house, garage, and apartments (See Attachment B - Tustin Historical Survey excerpts, for the survey sheets. At the request of the previous property owner, no survey sheet was published in 1990 for the main house). tip F x� AYJAdNY ZOMf16 j -w + AAw +� Site Plan City Council Report CUP 2012-10 August 20, 2013 Page 6 Concurrent to receiving approval for the accessory guesthouse, the property owners constructed a 352 square foot addition to the rear of the main house, a 957 square foot covered patio that attaches the main house to the carriage house, and a separate two -car garage in front of the carriage house accessory building. A portion of the first floor of the accessory building was used as a garage at one time, but the original carriage doors had since been replaced with aluminum sliding glass doors. The applicants converted the garage space to living space, removed the sliding glass doors, framed in a wall on the interior, and restored the appearance of carriage doors on the fagade, with the benefit of permits (see Site Plan). It should be noted that portions of the rear of the property were taken for the creation and widening of the Costa Mesa (SR -55) Freeway. The rear of the accessory building (portion used for storage) has an approximate one (1) foot setback from the rear property line, where a five (5) foot setback is typically required in the R-1 zoning district. Section 9273(e) of the TCC, which addresses Nonconforming Structures and Uses, states that any use, building, or structure which is legal and conforming and made "non -conforming" in design or arrangement due to acquisition of public right-of-way, shall be exempt from nonconforming status. Since the property has been subject to acquisition for right-of-way purposes, the property is fully conforming to the District standards under the said section. On October 9, 2012, the Tustin Planning Commission conducted a public hearing and adopted Resolution No. 4207 recommending that the Tustin City Council approve CUP 2012-10, by a 4- 0 vote, to allow a total of 24 (paid and non -paid) outdoor events per year at 310 S. Pasadena Avenue. Planning Commission Resolution No. 4207, and the minutes of the October 9, 2012, Planning Commission meeting are provided as Attachment C. The minutes and adopted Resolution serve as the Commission's report and recommendation to the City Council (TCC Section 9295f.) At the request of the applicants, this item was continued from the November 6, 2012, meeting of the Tustin City Council to the January 15, 2013, meeting of the Tustin City Council, and again to the September 17, 2013, meeting of the Tustin City Council, and then was re -noticed for the August 20, 2013, meeting. DISCUSSION Initial Project Description The applicants initially requested the approval of a conditional use permit to allow a maximum of 24 paid outdoor events, such as weddings and receptions, per year at the existing single family residence at 310 S. Pasadena Avenue. The events would be ancillary to the existing residence and would be held only in the yard areas of the property and not within the house or accessory guesthouse. According to the owners' application, most events would take place on Fridays, Saturdays, and Sundays, and a maximum of 200 guests are anticipated at each event. It is anticipated that events would take place more frequently during warmer months than during the winter. City Council Report CUP 2012-10 August 20, 2013 Page 7 Outdoor Evvnt Amo Fourmain {i"t�d flNo Maln Houu Aran Ona f Y apN+M�Mh\+.�N Grrden _ W1kox M anor Site Plan with Tables and Danceiloor _310 South Pasadena Ave_ ! M, The applicants have proposed to provide parking at an off-site parking lot. They have executed a parking agreement with the owner of the commercial building at 100 North Tustin Avenue, and are in negotiations with the owners of other commercial properties in the vicinity. They have made arrangements with a shuttle service to provide parking and transportation to and from the event site. Two (2) continuously running courtesy shuttle vans would be provided at each event. Guests of any event would be advised of this parking arrangement through their invitation to the Gueat -� IIV Hous + Fourmain {i"t�d flNo Maln Houu Aran Ona f Y apN+M�Mh\+.�N Grrden _ W1kox M anor Site Plan with Tables and Danceiloor _310 South Pasadena Ave_ ! M, The applicants have proposed to provide parking at an off-site parking lot. They have executed a parking agreement with the owner of the commercial building at 100 North Tustin Avenue, and are in negotiations with the owners of other commercial properties in the vicinity. They have made arrangements with a shuttle service to provide parking and transportation to and from the event site. Two (2) continuously running courtesy shuttle vans would be provided at each event. Guests of any event would be advised of this parking arrangement through their invitation to the City Council Report CUP 2012-10 August 20, 2013 Page 8 event and that no event parking will be allowed at the wedding venue site or on Pasadena Avenue. The off-site parking lot would not be used for event parking during business hours of the businesses that utilize the approved off-site parking lot. With respect to noise control, the applicants have indicated that any live, recorded music or voice amplification generated on the property would be limited between 11:00 a.m. and 10:00 p.m. on Friday or Saturday. For events occurring Sunday through Thursday, amplified music would be discontinued by 9:00 p.m. In conjunction with their request, the applicants are proposing to demolish the storage rooms located at the rear of the guesthouse and construct an addition consisting of four restrooms, one of which would be handicap accessible (See Site Plan and Attachment D). Applicants' Findings of Support of Use In justifying their proposal, the applicants have provided their interpretation of how the proposal supports the purposes of the CR district (a requirement by the Tustin City Code to approve the Conditional Use Permit) as follows: 1. Purpose 1: Safeguard the heritage of the City by preserving neighborhoods, structures, sites and features which reflect elements of the City's cultural, architectural, artistic, aesthetic, political, social, natural and engineering heritage. Applicants' Response: "In May 2009, with the majority of the work complete, we allowed the house its first showing to the community. We participated as one of the featured homes on the Tustin Historical Society's Promenade of Homes. Approximately 750 people toured the home that day. " 2. Purpose 2: Encourage public knowledge, understanding, and appreciation of the City's past. Applicants' Response: "Many residents of the City of Tustin had never seen the inside of this home, let alone knew of its very existence. Its location on the portion of Pasadena Avenue that is uniquely a double cul-de-sac makes it hard to find unless you know where you are going. We fully recognize that along with a home of this importance comes an immense responsibility to safeguard and preserve a home like this for the cultural and architectural heritage of the City of Tustin. Following this event, we invited many of our new found friends and those who appreciate this home's past to become docents for our home. There are approximately 20 individuals who makeup the Wilcox Manor Docent Guild, each having been trained on the nuances of the historic nature of the home, its contents and the grounds, they take turns telling the story of the home to our guests at charitable events. " 3. Purpose 3: Strengthen civic and neighborhood pride and a sense of identity based on the recognition and use of cultural resources. Applicants' Response: "We have hosted and fully funded numerous charitable events for many of the City's charitable organizations with a specific focus of strengthening civic and neighborhood pride and instilling a sense of identity based on the recognition and use of our cultural resources. We believe this has encouraged the general public's knowledge, understanding and appreciation of our City's historic past and appreciation of City Council Report CUP 2012-10 August 20, 2013 Page 9 the cultural resource that Wilcox manor has become. In the nearly 5 years that we have owned this property, approximately 20,000 people have come to tour its fully restored interiors and walked the constantly evolving landscaped gardens. " 4. Purpose 4: Promote the private and public enjoyment, use and preservation of culturally significant neighborhoods, structures and sites appropriate for the education and recreation of the citizens of Tustin and visitors to the City. Applicants' Response: "Of the two of us, Lindburgh McPherson has been more involved as a board member in numerous organizations in the City of Tustin than 1, including the Tustin Area Historical Society, Tustin Preservation Conservancy, Tustin Council for Fine Arts and the Tustin Community Foundation and has become intimately involved in the promotion of the cultural heritage of our community. We have worked tirelessly not only to promote our home for private and public enjoyment, but we believe we are inspiring and encouraging others to follow our example to use and preserve culturally significant homes in the City for the ongoing education and recreation of the citizens of Tustin and visitors to the City. We know that many visitors might never have come to Tustin, let alone Wilcox Manor because of our professions and work in other parts of California. We have had many visitors from outside of California and at least a dozen countries as well." 5. Purpose 5: Enhance the visual and aesthetic character, diversity of architectural styles and aesthetic appeal of the City. Applicants' Response: "Owning a historic residence under Mills Act Contract requires ongoing renovation and restoration to continue enhancing the visual and aesthetic character. As we do this we know that we are supporting the diversity of Wilcox Manor's architectural style and the aesthetic appeal of the City of Tustin." 6 Purpose 6: Enhance property values and increase economic and financial benefits to the City and its inhabitants. Applicants' Response: "The real estate market literally crashed the month following the purchase of this home, making it more of a challenge and Financial risk to us as we have invested hundreds of thousands of dollars into the restoration and upkeep of Wilcox Manor. Thankfully, we are aware from recent appraisal data that we have greatly enhanced the property's value and feel strongly that this has impacted our neighbors' home values as well. We believe this is far-reaching and the potential economic and financial benefit translates to the greater City of Tustin and its inhabitants. Our philanthropic activities predate ownership of this property by many years. So we are not new to the importance of sharing what one has to benefit others. From the start, we have shared our home as a location for charities to benefit by hosting an event or fundraiser. We know that it is very costly to put on an event in a hotel or other similar venue. The cost of a unique venue is really just one aspect, we always include tables, chairs, linens, table and glassware as well as all of the serving stations. We know that on average this has saved each organization from $3-5000. By including all of the rental items it has enabled them to maximize the funds they raise. " "Our goal of having a conditional use permit approved for Wilcox Manor is to allow us to continue our philanthropic activities and at the same time allow us to charge for groups wishing to hold a wedding, birthday party, or corporate event at Wilcox Manor. We are City Council Report CUP 2012-10 August 20, 2013 Page 10 seeking approval of this conditional use permit to allow us the ability to hold 24 paid [this request was later modified to 38 paid and unpaid] events per year. These will consist of weddings or similar celebratory events. This conditional use permit is not seeking permission for food preparation or for us to be licensed to serve alcoholic beverages. Any groups will engage and pay separately for caterers with proper licenses and approved offsite -cooking facilities directly. For the comfort and enjoyment of our guests the maximum guest accommodation is 200 persons without a dance floor or 150 persons with a dance floor. We currently have plans in the queue for approval to allow us to increase the number and type of restroom facilities on the property to accommodate both the volume as well as anyone attending who may have special needs." 7. Purpose 7: Assure that new construction and subdivision of lots in the Cultural Resource District are compatible with the character of the district. Applicants' Response: "Ever mindful of the responsibility, we added a two -car garage as new construction in 2009. We worked with our architect to match the garage design to that of the house. This was done so effectively that most people are unaware that it is new construction. As we reside in a historic home, we have worked closely with the City of Tustin to resolve the lack of permits from previous owners and address safety and code violations of this home for the long term by bringing structures up to code and participating in the Mills Act program thus strengthening the ties to this City's cultural and architectural heritage and increasing the value of the property as well. " B. Purpose 8: Identify as early as possible and resolve conflicts between preservation of historic and cultural resources and alternative land uses. Applicants' Response: "Over the almost 5 years that we have owned this wonderful property, we have sought ways to share it with others in our community. We have held several Royal High Teas, hosted chamber musicians, classical voice performers and an entire symphony orchestra, a magician and other types of entertainment to draw guests in for the purposes of raising funds for the community. Each time that we have opened this home to the community we are conscious of the fact that we are mere caretakers of the property until this property passes along to the next caretaker. We have taken very specific steps over the years to ensure that this property will always be used for the benefit of the community as a cultural and historical heritage. For purposes of this conditional use permit application, it is important to proactively address any and all possible impacts to the surrounding neighbors and greater community by the following: Parking and traffic flow concerns are addressed in "Exhibit A"[see Attachment D] with offsite parking, guests receiving instructions with their mailed invitations, posting of signs on the day of events and the provision of courtesy shuttles. Our noise minimization plan is reflected in "Exhibit B" [see Attachment D]. Charitable events and the twenty-four (24) paid events will follow the same rules regarding the size of event allowed and the need to follow the parking and traffic flow plans. We have addressed the areas that could potentially negatively impact the community while making it possible for the community to enjoy the Cultural Resource District and the unique appeal and attraction of a historic residence like Wilcox Manor." City Council Report CUP 2012-10 August 20, 2013 Page 11 ANALYSIS Policy Issues In considering Conditional Use Permit 2012-10, the Council may wish to consider the potential policy issues related to the approval or denial of Conditional Use Permit 2012-10, including the following: 1) Allowing assembly uses in the Cultural Resource District, and the factors that may influence the establishment of a precedent. 2) The factors influencing the appropriateness of assembly uses; and 3) The appropriateness of using off-site parking lots and associated shuttle services when deemed appropriate through the approval of a conditional use permit. The proposed use of the residential property at 310 S. Pasadena Avenue for outdoor events would be an outdoor assembly use in a residential neighborhood. Events and gatherings such as the Old Town Tustin Promenade Home and Garden Tour, the Old Town Tustin Art Walk, outdoor weddings and patties, and other fundraising events have been held in Old Town Tustin homes without significant disruption to the community. While temporary use permits have been required for events open to the public in which public streets and/or properties were utilized, no permits are required for privately hosted indoor or outdoor functions such as private birthday parties, graduation celebrations, Super Bowl Sunday parties, anniversary parties, bible studies, charitable parties benefitting various organizations and individuals, etc. on residential property unless the event is a large outdoor gathering anticipated to be attended by more than 500 persons at any one time. The City Council may wish to consider when and if indoor and/or outdoor gatherings on residential property should be regulated, because the Tustin City Code does not specifically address temporary uses on residential property. These types of events have also occurred in other Southern California cities. In researching this issue, City staff obtained information from the cities of Orange, Fullerton, and Pasadena regarding outdoor events held at historic residences in residential areas. These cities have approved such uses and have successfully imposed conditions to ensure that the potential impacts of the events are properly addressed such that neighborhood concerns have been addressed. Other assembly uses, such as churches, schools, parks, and playgrounds are conditionally permitted in the Single Family Residential (R1) zoning district. The appropriateness of assembly uses in residential neighborhoods may depend on several factors, including: 1) the type, intensity, and frequency of the use, 2) the location of the use, 3) the size of the lot, 4) the sensitivity of adjacent uses, 5) which operational conditions of approval are required, 6) the ability to secure adequate off-site parking, and 7) the level of experience and professionalism of the operators of the assembly use. All of these factors could influence whether or not a general precedent is established. Not all parcels or neighborhoods would be conducive to this type of use. Hence, review is on a case by case request and is subject to approval and/or denial of a conditional use permit. It should be noted that the adjacent properties to the north and south of the property at 310 S. Pasadena Avenue are zoned Multiple Family Residential (R3), and assembly uses such as a social hall, community center, or club are listed as conditionally permitted uses in the Tustin City Code and could be requested and approved with a conditional use permit on those properties. Another policy issue relates to the appropriateness of using off-site parking lots and shuttles. The use of off-site parking to satisfy parking requirements is allowed by the Tustin City Code under City Council Report CUP 2012-10 August 20, 2013 Page 12 various circumstances, including for properties located in the Cultural Resources District. None of these provisions in the Tustin City Code for off-site parking required the use of shuttles. In addition to the policy issues, there are several operational issues that may or may not create impacts to the overall enjoyment of property or improvements in the vicinity or to the welfare of the City. These potential impacts relate to noise, parking, traffic, and impacts to historic structures and the district as a whole. Noise The Tustin General Plan Noise Element identifies a 2010 Community Noise Equivalent Level (CNEL) contour of 70 dB(A) in the vicinity of Pasadena Avenue between Main Street and First Street. Community Noise Equivalent Level (CNEL) measurements are a weighted average of sound levels gathered throughout a 24-hour period. This is essentially a measure of ambient noise. Different weighting factors apply to day, evening, and nighttime periods. This recognizes that community members are most sensitive to noise in late night hours and are more sensitive during evening hours than in daytime hours. The Tustin City Code applies certain noise standards to all properties within the city. The exterior noise standards for residential properties are 55 dB(A) for the time period from 7:00 a.m. to 10:00 p.m. and 50 dB(A) for the time period from 10:00 p.m. to 7:00 a.m. It is unlawful for these noise standards to be exceeded by various amounts and for various time periods within any hour or for any period of time. The residence at 310 S. Pasadena is adjacent to residential uses in three directions and to the Costa Mesa (SR -55) Freeway to the west. Given its proximity to the freeway, the ambient noise level in the vicinity of 310 S. Pasadena currently exceeds the City of Tustin noise standards. When the ambient noise level exceeds the noise standards, corresponding increases to the allowable noise levels are permitted. The amount of the increase depends on the ambient noise level and the duration of the noise generated by the source of the noise. Although there would be noise associated with normal conversation and music, it is not anticipated that the noise generated would violate the City's noise standards at the property line because of intervening structures, distance, and other factors including the ambient noise level. Furthermore, noise that may be audible from adjacent properties is not necessarily in violation of the City's noise standards. Live entertainment and/or amplified sound are proposed to occur at many, if not all, of the proposed outdoor events. Therefore, several conditions have been proposed to address potential noise impacts on nearby residents. Pursuant to proposed Condition 2.24 of Resolution No. 13-74 the noise levels resulting from the outdoor events shall not exceed the standards of the City of Tustin Noise Ordinance. In addition, proposed Conditions 2.25 through 2.27 of Resolution No. 13-74, as recommended by the Planning Commission, should further minimize potential noise impacts on adjacent uses by requiring that amplified sound and music cease by 10:00 p.m. on Friday and Saturday, and by 9:00 p.m. on Sunday through Thursday and by prohibiting the removal of equipment after 11:00 p.m. on Friday and Saturday, and after 10:00 p.m. on Sunday through Thursday. City Council Report CUP 2012-10 August 20, 2013 Page 13 Parking and Traffic The applicants have proposed to provide parking at an off-site parking lot. Although they originally proposed to provide parking and had initiated discussions with the tenant at the commercial property at 621 West First Street, the applicants did not secure a mutually acceptable agreement with the property owner. They have since reached an agreement with the owner of the commercial property at 100 North Tustin Avenue and are in negotiations with the owners of other commercial properties in the vicinity and a shuttle service, to provide parking and transportation to and from the event site. The off-site parking lot would not be used for event parking during business hours of the businesses that utilize the approved off-site parking lot. Because the off-site parking location and arrangements have the potential to change in the future, Condition of Approval 2.7 requires that a parking and traffic management plan for the off-site parking lot be provided a minimum of thirty (30) calendar days prior to the first outdoor event that utilizes the approved off-site parking lot. The parking and traffic management plan must be prepared by a registered Traffic Engineer or a registered Civil Engineer with experience in preparing a parking and traffic management plan. The parking and traffic management plan must emphasize measures that will provide assurance that event attendees will not be parking in the surrounding neighborhood. Additional conditions related to parking have been proposed to minimize potential impacts to the neighborhood, and to ensure that the approved off-site parking lot functions properly and without significant impacts to neighboring properties or streets. For example, proposed Condition 2.13 of Resolution No. 13-74 requires that a minimum of one parking lot attendant or valet be present at the approved off-site parking lot beginning no later than one hour prior to the event and ending once all vehicles have vacated the approved off-site parking lot. Duties of the attendant or valet shall include directing guests, limiting noise, discouraging loitering, and reporting any unusual activities to the applicant, property owner, and/or designated event coordinator. Similarly, proposed Condition 2.15 of Resolution No. 13-74 requires a minimum of one event attendant to be stationed at the front of 310 S. Pasadena Avenue. Other Conditions of Approval In addition to addressing parking, traffic, and noise, conditions have been included in Resolution No. 13-74 pertaining to the maximum number of events and attendees, litter removal, alcoholic beverage service, lighting, emergency access, restrooms, and other items. These conditions are intended to address any potential impacts related to the proposed use. Furthermore, as noted in Condition No. 1.5, approval of Conditional Use Permit 2012-10 serves as a pre -citation notice so if any conditions of approval are violated, fines may be assessed by means of an administrative citation as follows: $100.00 for a first violation; $200.00 for a second violation of the same ordinance or permit within one year of the first violation; or $500.00 for a third or any further violation of the same ordinance or permit within one year of the first violation. Condition 1.6 of Resolution No. 13-74 allows for an annual or more frequent review of Conditional Use Permit 2012-10 to ensure compatibility with the area and compliance with the conditions of approval. If there is evidence that the use is being operated in a manner inconsistent with the conditions of approval or is creating a nuisance or otherwise negatively or detrimentally affecting surrounding uses, the Community Development Director may impose additional conditions to eliminate the nuisance or negative impacts, or may set the matter for City Council Report CUP 2012-10 August 20, 2013 Page 14 hearing before the Planning Commission and the City Council as provided under Tustin City Code Section 9293. At the conclusion of such hearing, the City Council may either revoke the permit or impose additional conditions as the City Council may reasonably determine necessary or convenient to eliminate any nuisance or minimize any negative impacts. General Plan Consistency As provided for in the Planning Commission's recommendation, the use is consistent with, and implements, the following General Plan Land Use Element goals and policies: • Policy 5.5: Encourage the restoration and rehabilitation of properties in Tustin eligible for inclusion on the National Register of Historic Places according to the rehabilitation guidelines and tax incentives of the National Trust for Historic Preservation. • Policy 6.5: Preserve historically significant structures and sites, and encourage the conservation and rehabilitation of older buildings, sites and neighborhoods that contribute to the City's historic character. • Policy 6.11: Encourage the establishment of unique identity in the City's neighborhoods. (It should be noted that the Planning Commission removed Policy 6.11 from the findings in Resolution No. 4207.) • Policy 7.1: Broaden the City's tax base by attracting businesses which will contribute to the City's economic growth and employment opportunities while ensuring compatibility with other General Plan goals and policies. • Goal 10: Improve and strengthen the Tustin Old Town/First Street area with a unique pedestrian environment and diverse mix of goods, services, and uses. • Policy 10.1: Improve the Old Town District's identity as the City's historical and architectural focus and its contribution to the City's economic base. FINDINGS FOR CONDITIONAL USE PERMIT A "Conditional Use Permit" allows the City to approve uses, if the project meets specified conditions. Based on California case law, conditional use permits run with the land and must be consistent with the community's General Plan. When a conditional use permit is approved or denied, findings must be made to determine whether the proposed use will be detrimental to the health, safety, morals, comfort, and general welfare of the persons residing in or working in the neighborhood or whether it will be injurious or detrimental to property or improvements in the vicinity or to the welfare of the City. Pursuant to Section 9252j2(a)(2) of the Tustin City Code, to consider a nonlisted use such as proposed outdoor event venue within the CR District, the Tustin City Code requires that the Planning Commission and City Council find that the use supports the purposes of the CR District as mentioned previously in the report. City Council Report CUP 2012-10 August 20, 2013 Page 15 The Planning Commission found and recommended that the City Council find that the proposed outdoor event use supports the purposes of the CR District in that: • The proposed use would introduce many first-time Old Town Tustin visitors to Tustin's historic resources which would foster knowledge, understanding, and appreciation of Tustin's past. • The proposed use would complement and bring recognition to a historic resource, which would promote the identity of Old Town Tustin. • The proposed use would allow for the enjoyment and use of a locally significant historic property by Tustin citizens and visitors. • The proposed use has the potential to directly and indirectly generate additional revenue for the City in the form of business license taxes, sales tax, and transient occupancy tax. • The proposed use could be conditioned to avoid potential conflicts between the events and the surrounding Cultural Resource District. Furthermore, in determining whether to approve the conditional use permit, the City Council must also determine whether or not the proposed uses will be detrimental to the health, safety, morals, comfort, and general welfare of the persons residing in or working in the neighborhood or whether it will be injurious or detrimental to property or improvements in the vicinity or to the welfare of the City. A decision to recommend approval of this request may be supported by the following findings: 1) The proposed use is authorized pursuant to Section 9252j2(a)(2) of the Tustin City Code with the approval of a conditional use permit by the Tustin City Council, which may consider a proposed nonlisted use of a property within the CR District when the use supports the purposes of the CR District, following a public hearing and recommendation by the Planning Commission. 2) The proposal is consistent with the Single Family Residential (R1) zoning district standards in that other assembly uses such as churches, schools, parks and playgrounds are also subject to conditional use permit approval. The proposed use is appropriate under the General Plan Land Use Element Low Density Residential designation in that similar assembly uses such as churches and schools are allowed when determined to be compatible with the neighborhood. 3) The proposed use is consistent with other private gatherings such as chanty events and weddings and with other public gatherings such as home tours and promenades which have occurred on a regular basis without significant disruption in the Cultural Resource District. 4) As conditioned, Conditional Use Permit 2012-10 may be reviewed as often as necessary, by the Community Development Director. If the use is not operated in accordance with Conditional Use Permit 2012-10 or is found to be a nuisance or negative impacts are affecting the surrounding uses, the Community Development Director would have the authority to impose additional conditions to eliminate the nuisance or negative impacts or may initiate proceedings to revoke the conditional use permit. City Council Report CUP 2012-10 August 20, 2013 Page 16 5) The proposed outdoor events would be managed by the property owners who have experience hosting many outdoor charity events at 310 S. Pasadena Avenue. The City will rely on the property owners to fulfill the conditions of approval and comply with all Building/Safety Codes, 6) The implementationtapplication of the proposed conditions would ensure compatibility of the proposed use with the surrounding uses and the Tustin City Code. 7) The proposed outdoor events would be ancillary to the existing single family residence at 310 S. Pasadena Avenue and are not anticipated to result in parking impacts since an adequate number of parking spaces will be required to be provided at an approved off-site parking lot to accommodate parking needs. PLANNING COMMISSION ACTION At the October 9, 2012, public hearing, the Planning Commission made the following modifications to the resolution and conditions of approval recommended by staff, noting that the conditions should be onerous to ensure there is a balance between the neighborhood and the proposed use: • Globally change "24 paid outdoor events" to "24 outdoor events." • Delete Resolution No. 4207 Finding I.D.c. which read "Policy 6.11: Encourage the establishment of unique identity in the City's neighborhoods." • Delete Resolution No. 4207 Finding I.E.e. which read "Enhance the visual and aesthetic character, diversity of architectural styles and aesthetic appeal of the City." • Add the Public Works Department to Resolution No. 4207 Finding I.H.8. • Condition 1.5 — Add provision that revocation would be considered after the third infraction/citation within one year. • Condition 1.11 —Add "as determined by the Community Development Director." • Condition 2.3 -- Specify that the maximum of 200 people is a total per event. • Conditions 2.4, 2.26, and 2.27 — Adjust the hours of operation to no later than 10 p.m. on Friday and Saturday and 9 p.m. Sunday through Thursday, with equipment removal up to one hour later. • Condition 2.6 — Prohibit on-site signage. • Condition 2.7 — Require attendees to present proof of shuttle use. • Condition 2.12 — Require shuttle vans to be non -diesel, have a maximum passenger capacity of twelve, not use horns or bells, be ADA compliant, and not idle for more than three minutes. • Condition 2.13 — Require guests to use the shuttle service rather than walk. • Condition 2.19 — Require litter removal, with no specified distance from the property. • Condition 2.22 — Tie CUP 2012-10 to the applicants. • Condition 2.29 — Require a schedule of events and information on the applicants' website 30 days prior to an event. • Condition 2.36 — Require all businesses servicing events to obtain all required permits. • Condition 2.42 — Add condition requiring residential solid waste collection services. • Condition 4.1 — Require the sewer lateral to be upsized if necessary. Following the public hearing, the Planning Commission adopted Resolution No. 4207 containing 60 conditions of approval and recommending that the Tustin City Council approve CUP 2012- City Council Report CUP 2012-10 August 20, 2013 Page 17 10, to allow a total of 24 (paid and non -paid) outdoor events per year at 310 S. Pasadena Avenue. APPLICANTS' REQUEST The applicants initially requested a conditional use permit to hold a maximum of 24 paid outdoor events per year at their residence at 310 S. Pasadena Avenue. The Planning Commission has recommended that the conditional use permit be applied to both paid and non -paid events, and the applicants have voluntarily agreed to the conditions being applied to both paid and non -paid events; however, the applicants have requested that the conditional use permit allow a maximum total of 36 outdoor events (paid and non -paid) per year, that the conditions be limited to events with 50 to 200 persons, and that some of the operational conditions be modified (Attachment F). Regarding the resolution findings and conditions of approval, the applicants have requested the following changes to the findings and conditions which were recommended by the Planning Commission: • Globally change "24 outdoor events" to "36 outdoor events." • Clarify that events with 50 or fewer persons are not subject to Conditional Use Permit 2012-10 • Add Finding I.D.c. to Resolution No. 13-74, which reads "Policy 6.11: Encourage the establishment of unique identity in the City's neighborhoods." • Add Finding I.E.e. to Resolution No. 13-74, which reads "Enhance the visual and aesthetic character, diversity of architectural styles and aesthetic appeal of the City." • Condition 1.5 — Remove the provision that revocation would be considered after the third infraction/citation within one year. • Condition 2.7 — Remove the requirement for an identification system whereby attendees present proof of shuttle use. • Condition 2.12 — Remove requirement that shuttle vans be non -diesel, have a maximum passenger capacity of twelve, be ADA compliant, and not idle for more than three minutes. (ADA compliance is the responsibility of the transportation provider.) • Condition 2.13 — Remove the requirement for guests to use the shuttle service rather than walk. • Condition 2.22 — Remove the requirement to tie CUP 2012-10 to the applicants. (This request is consistent with the City Attomey's advice to modify Condition 2.22.) • Condition 2.24 — Add language clarifying that the ambient noise level at 310 S. Pasadena Avenue exceeds the City of Tustin noise standards for residential properties. • Condition 2.29 — Revise the requirement to have a schedule of events and information on the applicants' website 30 days prior to an event by not requiring event times and by not requiring the information to be posted 30 days prior to an event. Because the applicants recognize the value that access to the interior of the residence would offer to the community, they have voluntarily proposed within one year of approval of the conditional use permit to retain the services of an historical architect to design an accessibility plan to allow event guests to enter the first floor of the residence. According to the applicants, this accessibility plan would be implemented within six months of approval by the City of Tustin, thereby allowing for the full enjoyment and appreciation of the historical site at 310 S. Pasadena Avenue. If it is the desire of the City Council. future access to the interior of the residence could be incorporated as a condition of approval, with a corresponding change to proposed Condition of Approval 2.1, which City Council Report CUP 2012-10 August 20, 2013 Page 18 requires that all events shall take place entirely within the outdoor areas of the property and which would need to be modified to allow interior use. PUBLIC INPUT The City received a total of 27 letters or memos of support, 34 letters or individual petitions of opposition, and eight (8) other pieces of correspondence as of August 14, 2013 (Attachment E). The applicants submitted 20 letters of support with their application. Ten (10) of the letters are from organizations. Ten (10) of the letters are from individuals, eight (8) of whom reside in Old Town Tustin. Included with the letters of support is an exhibit submitted by the applicants that shows the property locations and names of the neighbors who provided letters of support. One of the emails noted that the Dollar for Scholars, a group that raises money for scholarships for local students, indicates that they were quoted as not supportive of the application and therefore will not be welcome to the Manor for future activities. Two of the emails were related to websites for catering promoting the Tustin Manor for special events. According to the applicants, this information was published by a third party without their authorization and has since been removed from the catering websites. At the October 9, 2012, Planning Commission meeting, the applicants and 18 members of the public spoke during the public hearing for CUP 2012-10. Fourteen (14) individuals spoke in support and four (4) spoke in opposition. Comments of support included: how the use would enhance the character of the community and introduce guests to the history of Tustin; how sound from the backyard is not highly audible from the front of the property; how the applicants are a vital asset and generous in donating to nonprofits; how paid events would help recover the costs associated with hosting charity events; how the applicants are professional and respectful toward their neighborhood when holding events - and how the City and local economy would be enriched through networking and referring event guests to local businesses. Comments in opposition included: the regulation of on-site parking and traffic congestion and noise from vehicles and shuttles; the setting of a precedent for the proposed use throughout the City; the incompatibility of establishing a commercial use in a residential neighborhood; the consumption of alcohol at events; the inconsistency of the use with Tustin's General Plan; the nuisance of directional signs and their impact on property values; that the interior of the home is not open to guests during these paid events and thus would not be used to introduce guests to Tustin's history; refuse; subletting; and pest control. PUBLIC COMMENTS The following discussion is a summary of public comments and staff's responses to these comments. COMMENTS IN OPPOSITION Traffic Concern: The additional cars, catering trucks, delivery trucks, and shuttle vans will increase traffic on Pasadena Avenue, Myrtle Avenue, and other local streets. City Council Report CUP 2012-10 August 20, 2013 Page 19 Response: The increase in average daily trips would consist of about 40 shuttle roundtrips and approximately five delivery truck roundtrips based on an event with 200 people, which would occur a maximum of 24 to 36 days per year. This increase in daily traffic is insignificant when compared with the total average number of daily trips. Parking Concern: The proposed events would exacerbate the existing parking problem on Pasadena Avenue and other local streets in the area. Response: Guests would be required to park at an approved off-site parking lot. If guests park on the residential streets, and the City determines that there is evidence that the use is being operated in a manner inconsistent with the conditions of approval or is creating a nuisance or otherwise negatively or detrimentally affecting surrounding uses, the Community Development Director may impose additional conditions to eliminate the nuisance or negative impacts, or may set the matter for hearing before the Planning Commission and the City Council as provided under Tustin City Code Section 9293. At the conclusion of such hearing, the City Council may either revoke the permit or impose additional conditions as the City Council may reasonably determine necessary or convenient to eliminate any nuisance or minimize any negative impacts. Off-site Parking Concern: The off-site parking lot is not disclosed or analyzed. The parking lot owner should be a co -signatory on the application. Response: The applicants have proposed to provide parking at the existing off-site parking lot located at 100 North Tustin Avenue. The off-site parking lot would not be used for event parking during business hours of the businesses that utilize the approved off- site parking lot. There is no requirement for the off-site parking to be located in Tustin. However, it is required that the City approve the location of the off-site parking lot. No disclosure or analysis is necessary because there would be no substantial change in use of the parking lot and, therefore, no associated environmental impacts. CEQA Issues Concern: The use of a categorical exemption for the project is not appropriate; an environmental impact report is required. Response: The project is Categorically Exempt (Class 1- existing facilities and Class 3- small new facilities) pursuant to Sections 15301 and 15303 of the California Environmental Quality Act. These exemptions are appropriate for the proposed project because the use involves existing facilities and proposes small new facilities. The CEQA Guidelines provide specific examples of this exemption, including restaurants and similar structures which do not exceed 2,500 square feet in floor area (or up to four commercial buildings not exceeding 10,000 square feet of floor area in urbanized areas). The proposed use is consistent with this type of small City Council Report CUP 2012-10 August 20, 2013 Page 20 facility. Further, there is not a reasonable possibility that the proposed activity would have a significant effect on the environment due to unusual circumstances. Concern: It is improper to defer the analysis of impacts (such as parking impacts.) Response: There is no deferral of impact analysis in this case because no parking impacts were identified based on off-site parking being provided at any existing parking lot, and the project is Categorically Exempt from CEQA. The parking and management plan required by proposed Condition of Approval 2.7 of City Council Resolution 13- 74 would not examine environmental impacts, but would identify specific logistical details such as the locations of traffic control devices, which would be necessary at any off-site parking lot and are not intended to mitigate an environmental impact. The facilities are intended to fulfill a parking need. Concern: Substantial evidence supports a fair argument that the project may cause significant impacts. Response: No substantial evidence supporting a fair argument has been provided to the City. In addition, the project is Categorically Exempt. Concern: The use is an expansion of a residential use to a non -permitted commercial use. An initial study and subsequent environmental document need to be prepared. Response: The proposed outdoor events would be held in the yard areas of an existing single family residence and would be ancillary to the primary residential use of the property. The proposed use is not listed in the Tustin City Code, but may be authorized by the City Council pursuant to Tustin City Code Section 9252j2(a)(2), which allows the Council to consider a proposed non -listed use of a property within the CR District when the use supports the purposes of the CR District, following a public hearing and recommendation by the Planning Commission Noise Concern: The noise impacts of the project would be in violation of the Tustin City Code. Response: The project is required to comply with the noise standards in the Tustin City Code. Pursuant to Tustin City Code Section 4614(c), when ambient noise levels exceed the noise limit categories in the Tustin City Code, the cumulative period applicable to a particular category shall be increased to reflect the ambient noise level. The residence at 310 S. Pasadena is adjacent to residential uses in three directions and to the Costa Mesa (SR -55) Freeway to the west. Given its proximity to the freeway, the ambient noise level in the vicinity of 310 S. Pasadena currently exceeds the City of Tustin noise standards. When the ambient noise level exceeds the noise standards, corresponding increases to the allowable noise levels are permitted. The amount of the increase depends on the ambient noise level and the duration of the noise generated by the source of the noise. Although there would be noise associated with normal conversation and music, it is not anticipated that the noise generated would exceed the City's noise standards at the property line because of intervening structures, distance, and other factors. In addition, pursuant to proposed Condition 2.23 of City Council Resolution 13- 74, the types of live entertainment permitted includes single performers, duos, disc City Council Report CUP 2012-10 August 20, 2013 Page 21 jockeys, karaoke singers, the use of a piano, organ, keyboard, radio, record, tape, compact disc player juke box, television receiver, or similar device. live bands and orchestras are not permitted. Pursuant to proposed Condition 1.7 of City Council Resolution No. 13-74, the City may require that the applicant prepare a noise analysis. If said study indicates that there is a noise problem, the applicant shall be required to provide measures to be reviewed and approved by the City. Concern: Traffic noise would increase. Response: There would be an insignificant increase in traffic noise resulting from shuttle vans and delivery vehicles. The noise would be intermittent and infrequent and would not have a significant impact on noise levels in the area. Zoning Issues Concern: The proposed use is a party facility. Party fac:lities are listed in the Tustin City Code, but are not listed in the Single Family Residential (R1) District. The City Council may permit nonlisted uses in the Cultural Resources Overlay District, but may not allow party facilities in the R1 District because a party facility is a listed use (versus a nonlisted use) in the Tustin City Code. Response: The proposed use consists of outdoor weddings and social gathering's that are ancillary to the primary single family use. There is no change proposed to the character of the main residence, site, or district as a result of the proposal. Similar parties, weddings, and events have been held on single family properties in the district. Spot Zoning Concern: The proposed conditional use permit constitutes spot zoning. Response: The proposed use is an ancillary use of a primary residential use. The existing R1 zoning could be considered spot zoning because the properties to the north and south are zoned R3. Further, similar parties, weddings and events have been held at residences on Main Street and throughout Old Town. Precedent for Commercial Zoning Concern: The proposed conditional use permit will set a precedent for commercial zoning in Old Town. Response: The proposed use may establish standards and opportunities for legal ancillary uses in Old Town. City Enforcement/Resources Concern: The fiscal impact statement of the staff report is not accurate. Tremendous City resources would likely be necessary to monitor the use at great expense to the overall City taxpayers. City Council Report CUP 2012-10 August 20, 2013 Page 22 Response: This concern regarding City resources assumes that there would be many complaints and investigations resulting from the proposed use. If problems arise, several conditions are proposed to address the recovery of City costs. For example, pursuant to proposed Condition 1.5 of City Council Resolution 13-74, failure to comply with the conditions of approval set forth herein shall result in the issuance of an administrative citation pursuant to TCC 1162(a). The City may also take further legal action including issuing the responsible person(s) a citation and/or abating the violation(s) with the cost of such abatement and/or prosecution assessed against the responsible person(s), the property owner(s), and/or the property as a lien. Pursuant to proposed Condition 1.9 of City Council Resolution No. 13-74, the applicant shall be responsible for costs associated with any necessary code enforcement action, including attorney's fees, subject to the applicable notice, hearing, and appeal process as established by the City Council by ordinance. And finally, pursuant to proposed Condition 1.11 of City Council Resolution No. 13-74, if an event requires extra planned or unplanned City services such as police, code enforcement, or public works services, as determined by the Community Development Director, the applicant shall reimburse the City for any costs associated with the planned or unplanned City services. Waste/Vector Control Concern: Increased food service and food waste from the project will likely increase pests in the area. Response: Pursuant to proposed Condition 2.19 of City Council Resolution No. 13-74, any litter on-site or within the public right-of-way attributable to the outdoor event shall be removed within one hour of the conclusion of the event. The applicant and property owner shall assume full responsibility for clean-up of litter, refuse, and debris attributable to the event. Air Quality Concern: The project poses potential impacts on air quality. Response: No evidence has been provided to indicate that the proposed use would have a significant effect on air quality. The proposed use is categorically exempt from CEQA and there is no reasonable possibility that the proposed activity would have a significant effect on the environment, including a significant effect on air quality. Neighborhood Character/Commercialization Concern: The project poses potential impacts on the character of the neighborhood. Response: There is no evidence that the proposed use would negatively impact the character of the neighborhood. If the applicant's request for 36 outdoor events per year is approved, events would not occur on at least 329 of the 365 days per year. On these 329 days, which comprise about 90% of the days in a year, there would be absolutely no change to the neighborhood. On a maximum of 36 event days per year, shuttles would be used to transport guests between an approved off-site parking lot and 310 S. Pasadena Avenue. City Council Report CUP 2012-10 August 20, 2013 Page 23 Concern: The project presents a direct threat to the peace and tranquility of the neighborhood. Response: No change to the character, architecture, or charm of the overlay district is proposed. Conditions are in place to protect the peace and tranquility of the neighborhood. The applicants are and will be professional operators and good neighbors. These same types of uses have occurred at Main Street residences and at other residences in Old Town. Property Values Concern: Property values in the immediate neighborhood will decrease as a result of the proposed use. Response: There is no evidence that the proposed use will have a negative impact on property values. The proposed use would complement and bring recognition to a historic resource, which would promote the identity of Old Town Tustin, and may have a positive impact on property values. Pedestrian Activity/Loitering Concern: People not wanting to wait for the shuttles will be walking the streets to their cars. Response: Proposed Condition 2.25 of Resolution No. 13-74 prohibits loitering, public drunkenness, informal gathering, or other activities by guests or service providers. The general pedestrian use of public sidewalks cannot be regulated. It is not illegal for pedestrians to use public sidewalks in a respectful manner. Alcoholic Beverages Concern: The consumption of alcoholic beverages could lead to a DUI, fights, public intoxication, public urination, loud conversations, litter, patrons getting hit by cars, or worse. Response: Pursuant to proposed Condition 2.30 of City Council Resolution No. 13-74, the service and consumption of alcoholic beverages on the premises during any outdoor event may occur only in accordance with all regulations and requirements of the State Department of Alcoholic Beverage Control. These regulations and requirements are intended to minimize the occurrence of events associated with the abuse of alcoholic beverages. Pursuant to proposed Condition 1.10 of City Council Resolution No. 13-74, an 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. City Council Report CUP 2012-10 August 20, 2013 Page 24 Emergency Access Concern: Pasadena Avenue is a small residential street with a cul-de-sac on both ends. Emergency vehicles may have difficulty trying to move throughout the neighborhood. Response: Pursuant to proposed Condition 2.40 of City Council Resolution No. 13-74, fire and police passage shall be permitted at all times. All activities including parking and equipment shall not block parking areas, access, or passage for disabled persons or emergency response vehicles. In addition, Condition 2.15 requires a minimum of one event attendant to be stationed at the front of 310 S. Pasadena Avenue beginning one hour prior to the event and until all guests and service providers have vacated the premises. The attendant would be responsible for monitoring parking to ensure that guests do not park on Pasadena Avenue. Project Findings Concern: The whole of the findings for the project cannot be made (five of the findings are being challenged). Response: There are seven specific findings in City Council Resolution No. 13-74, supporting the requested conditional use permit. These findings are accurate in that: 1) the proposed use is authorized by the Tustin City Code; 2) the proposed use is similar to other conditionally permitted assembly uses in the R1 District; 3) the proposed use is consistent with other allowed private and public gatherings; 4) the City will rely on the property owners to fulfill the conditions of approval and comply with all Codes regardless of the owners' character; and 5) compliance with the conditions would ensure the use is compatible with surrounding uses and the Tustin City Code. Concern: The Planning Commission findings and recommendation that the proposed outdoor event use supports the purposes of the CR District is inadequate. Response: The proposed outdoor event use would support the purposes of the CR District for the reasons provided in City Council Resolution No. 13-74. The proposed use would call attention to one of Tustin's historic resources and provide for its enjoyment, regardless of whether guests are able to enter the residence. General Plan Consistency Concern: The project is not consistent with the General Plan. Response: For the reasons stated in City Council Resolution 13-74, the proposed use is consistent with the Tustin General Plan. The proposed use would be consistent with the City's efforts to encourage the restoration of, and preserve, historically significant structures by improving the economic value of a property through the adaptive use of its exterior yard areas. City Council Report CUP 2012-10 August 20, 2013 Page 25 Change in Project Description Concern: The project description and terms were changed without benefit of a new application or, at the very least, a re -review by the Planning Commission. An amended application should be required to go through the entire disclosure, notification, and order of review process identified in the Tustin City Code. Response: The applicants initially requested a conditional use permit for a maximum of 24 paid outdoor events per year. However, the Planning Commission approved a total maximum of 24 paid and non -paid outdoor events per year with the applicants voluntarily agreeing to apply the conditions of approval to both paid and non -paid events. Following the Planning Commission meeting, the applicants requested that a total of 36 (paid and non -paid) outdoor events per year be allowed, and requested that some of the conditions of approval recommended by the Planning Commission be modified. The applicants' modified request is consistent with their initial request, and does not require that the project be remanded to the Planning Commission. In addition, as noted in the City Council public hearing notice, the City Council may make modifications to the proposed project as a result of the public hearing. COMMENTS IN SUPPORT Tustin History and Character Comment: The use would introduce guests to the history of Tustin and enhance community character. Response: The proposed use would allow for the enjoyment and use of a locally significant historic property by Tustin citizens and visitors. In addition, the proposed use would introduce many first-time Old Town Tustin visitors to Tustin's historic resources which would foster knowledge, understanding, and appreciation of Tustin's past. Noise Comment: Sound from the backyard is not highly audible from the front of the property. Response: Although the use would generate noise associated with normal conversation and music, it is not anticipated that the noise generated would violate the City's noise standards at the property line because of intervening structures, distance, and other factors including the ambient noise level. Generosity to nonprofits Comment: The applicants are a vital asset and generous in donating to nonprofits. Response: The applicants have hosted and fully funded numerous charitable events for many of the City's charitable organizations, including the Tustin Community Foundation, Tustin Preservation Conservancy, Tustin Area Historical Society, Tustin Area Council for Fine Arts, and Tustin Dollars for Scholars. City Council Report CUP 2012-10 August 20, 2013 Page 26 Cost Recovery Comment: Paid events would help recover the costs associated with hosting charity events Response: The applicants have indicated that the proceeds received from paid events would offset the significant costs associated with property maintenance and providing tables, chairs, linens, table and glassware, and other items to non-profit organizations at no -cost. Professionalism of Applicant;} Comment: The applicants are professional and respectful toward their neighborhood when holding events. Response: The proposed outdoor events would be managed by the property owners who have experience hosting many outdoor charity events at 310 S. Pasadena Avenue. The City will rely on the property owners to fulfill the conditions of approval and comply with all Building/Safety Codes. Economic Benefits Comment: The City and local economy would be enriched through networking and referring event guests to local businesses. Response: The proposed use has the potential to directly and indirectly generate additional revenue for the City in the form of business license taxes, sales tax, and transient occupancy tax. OPTIONS The City Council has several options available in considering the proposed request. The Council could approve Conditional Use Permit 2012-10 determining that the proposed project supports the purposes of the CR District and authorize a maximum of 24 outdoor events as recommended by the Planning Commission or a maximum 36 outdoor events with amended conditions, as requested by the applicants, at the existing single family residence at 310 S. Pasadena Avenue. In the altemative, the Council could direct staff to prepare a resolution of denial of Conditional Use Permit 2012-10. If it is the Council's desire to deny the request, findings for the denial of the conditional use permit should be articulated at the public hearing. The City Council also may take other actions as deemed appropriate ENVIRONMENTAL ANALYSIS This project is Categorically Exempt (Class 1- existing facilities and Class 3- small new facili.ies) pursuant Lo Sections 15301 and 15303 of the California Environmental Quality Act. Scott ReekLitin Elizabeth A. Binsaek Principal Planner Director of Community Development City Council Report CUP 2012-10 August 20, 2013 Page 27 Attachments: A. Location Map/Site Plan B. Tustin Historical Survey Excerpts C. Planning Commission Resolution No. 4207 and Minutes of Planning Commission Meeting of October 9, 2012 D. Submitted Plans, Documents, and Photographs E. Letters and Correspondence F. Applicants' Requested Modifications G. City Council Resolution No. 13-74 ATTACHMENT A LOCATION MAP AND SITE PLAN LOCATION MAP ADDRESS: 310 PASASDENA AYE. FIRST STREET (OUTSIDE OF r - CITY LIMIT) a r y . , � .•. nnwccr *y� N STREET RMµ I 1 1 \ A J ZO ,2( - ©m !@q�a - - - - — ----------- % , Om Z – ©% a /Q • �I Tt - , ^ / ~ @ q ■ / ƒ ƒ � a < \ ZZ No � � k| §§ — --- — -- -- �,-- -- -- -- -- --� Om ATTACHMENT B TUSTIN HISTORICAL SURVEY EXCERPTS 4 E I ADDRESS: 310 -B PASADENA AVE (S.) DATE: 1880 STYLE: VICE-1TALIANAT6 SOURCE: RATING: S B ALTERATIONS: S HISTORICAL DISTRICT: YES COMMENT: CARRIAGE HOUSE DESCRIPTION: CM OF TUS77N HIIST OWCAL SURVEY The carriage house, which belong$ to the huge home oo the same Property at 310 A Pasadena, has been altered save., times. Unless the alterations are reversed, the budding b mole significant far its historical WV0rmnce than its amhitecamd integrity. The roof is Oat with an enclosed cornice and the exterior is new dad in stucco. The 2 -ova -2 double -hung windows, which am typical of those used in the 1870'1 and 80's. are used throughout the building. Two am centered in the from facade. see no". Boor. A small single -Paned window can be seen on the north side. near the eavea. The originalaluminum sliding glass doors, an alteration that would be to coinage door has been replaced with house. this building would probablyeasy teVerse. As port of a National Register application for the main qualify for that listing. However, it does not appear t0 be eligible on its own oa, the alterations are reversed, SIGNIFICANCE: The original rice of this building is believed to be a stage stop, as evidenced by a Tustin Asea museum photo of an open hom-drawn stage in front of the house. Charly Wheaton Wilcm, who Came to Tuttle in 1874. "bought a Orme-story hoW and aper removing one story be teed it as a resrduace and it was called The Yilla' situated at 310 South Pasadena rare M in Tustin", according to a paper by his granddaughter (Miriam Kraft Ria). WOc=,s longe collection of books was housed in "13e V{Ba* in a eucalyptus wood paneled library, which is believed to be the fust such use of this wood. Wilcox was one of Tustin's major Pioneers. He helped found and was a director of the Fust National Bank of Tustin. He owned Property at Tustin s Avenue and First Strout` Planted to concord gmpea. He was an orchardist and an amateur horticulturist who was one of the first t0 graft five Fruit iesGr of citrus onto One ran. With a Wad, he starred a packing house. the fust in the area, and later formed the Santiago Fruit Crowrn Association in Orange. He helped start the Episcopal Church of Tustin. He was a dimcmr of the Sana Ana Abavact Company and a receiver of the old Seibett'Bank in Sana Ana Although the family owned the p i rap" from 1893 m 1920 now warm to 1946. as ofd co The house was occhtpirA by tantrn. John D. Rind. a rancher and MUM owned and lived here from 1920 to 1946. Rhmrd converted the house into apartments, and a garage and stuccoed ova the wood i the property in 1958 and Mrs. Bode still lives hem. tem& Dirk Bade acquired Pagel of 1 "NRNP Status Code: 4S2 "Resource Name or p (100): 310 A Pasadena Avenue (S) BI. Historic Name: B2. Common Name: B3. Original Use: Residential B4. Present Use: Residential "B5. Architectural Style: Craftsman Bungalow "B6. Construction History: (Construction date, alterations, and date of alterations) This building was originally constructed in 1880 and relocated to its current location. The two -storied Craftsman building has been altered over the years. "B7. Moved? X No ❑Yes ❑Unknown Date: Original Location "118. Related Features B9a. Architect: unknown b. Builder: unknown "B10. Significance: Theme: Residential Architecture Area: Santa Ana -Tustin, CA Period of Significance: 1870-1899 Property Type: Residential Applicable Criteria: C (Discuss importance in terms of historical or architectural contest as defined by theme, period, and geographic scope. Also address integrity.) This building is significant as an example of Craftsman Bungalow style in Tustin, though alterations impact the integrity of the building. The property is landscaped with mature trees and plantings. The building's character defining features include, but are not limited to: • side facing gables with a front facing gable at the second level • hipped roof with a front facing dormer with narrow, framed windows and sidelights • entry with arched arcade columns and a balcony above • landscape with mature trees and plantings BI 1. Additional Resource Attributes: (HP2)--Single Family Property 4B12. References: City of Tustin Historical Survey, thirtieth street architects, inc., June, 1990; Tustin: A City of Trees, Carol H. Jordan, Heritage Media Corp. 1996. B13. Remarks This building requires additional information and research to assess fully, its significance. "B14. Evaluator: TBAW, C. Jordan "Date of Evaluation: Oct 2002 (This space reserved for official comments.) DPR 5238 (1/95) 'Required Information Page I of 2 Bl. Historic Name: B2. Common Name: *NRNP Status Code: 4S7 "Resource Name or # (139):310-B Pasadena Ave. S B3. Original Use: Residential B4. Present Use: Residential "B5. Architectural Style: Victorian-Italianate 'B6. Construction History: (Construction date, elteralions, end date of alterations) This building was constructed in 1880. "B7. Moved? X No ❑Yes ❑Unknown Date: Original Location: "B8. Related Features: B9a. Architect: unknown b. Builder: unknown "1110. Significance: Theme: Residential Architecture, Agriculture Area: Santa Ana -Tustin, CA Period of Significance: 1870-1888 Property Type: Residential Applicable Criteria: B, C (Discuss importance in terms of historical or architectural context as defined by theme, period, and geographic scope. Also address integrity) This property may be eligible for National Register listing if alterations are reversed. This building is significant as an example of the Italianate style and its association with early Tustin residents. The original use of this property was probably a stage stop during the horse drawn era of the 1800s. More recent records indicate that Charles Wheaton Wilcox, early Tustin pioneer, bought a three story hotel, removed one story, and used the remaining building as a residence called "The Villa". Mr. Wilcox had a large collection of books at the Villa in a eucalyptus wood -paneled library, one of the earliest uses of this wood in the US. Mr. Wilcox was a founder and director of the First National Bank of Tustin. He planted concord grapes on his property at Tustin Avenue and First Street and was an orchardist and amateur horticulturist who was one of the fust to graft five varieties of citrus onto one root. With Dr. Wall, Mr. Wilcox started a packinghouse, the first in the area, and later formed the Santiago Fruit Growers Association in Orange. Other accomplishments include starting the Episcopal Church of Tustin, director of the Santa Ana Abstract Company and receiver of the old Seibert Bank in Santa Ana. The family owned this property from 1893 to 1920 but did not reside at this site since. 1916. Renters occupied the building until John Rinard purchased the home in 1920. Rinard, owner through 1946, converted the house into apartments. The original carriage door has been replaced with aluminum sliding glass doors. B11. Additional Resource Attributes: (HP2),Single Family Property •B12. References: City of Tustin Historical Survey, thirtieth street architects, me., June, 1990; Tustin: A City of Trees, Carol H. Jordan, Heritage Media Corp. 1996. B13. Remarks "B14. Evaluator: TBAW, C. Jordan *Date of Evaluation: Oct 2002 (This space reserved for official comments.) DPR 523B (1/95) 'Required Information Page 2 of 2 *Resource Name or # (Assigned by recorder) (139) 310.8 Pasadena Ave 5 grded by: TBA Wes�C�Ordan Date: November 2002 v Continuation u Update This building's character defining features include, but are not limited to: • flat roof, with an enclosed cornice and exterior clad in stucco • double hung windows, typical of those used in the 1870s and 1880s, found throughout the building; two are centered in the front facade, second floor • small single paned window on the north side, near the eaves DPR 523L *Required Information ATTACHMENT C PLANNING COMMISSION RESOLUTION NO. 4207 AND MINUTES OF PLANNING COMMISSION MEETING OF OCTOBER 9, 2012 RESOLUTION NO. 4207 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF TUSTIN, RECOMMENDING THAT THE CITY COUNCIL APPROVE CONDITIONAL USE PERMIT 2012-10 AUTHORIZING A MAXIMUM OF 24 OUTDOOR EVENTS PER YEAR AT 310 SOUTH PASADENA AVENUE. The Planning Commission does hereby resolve as follows: The Planning Commission finds and determines as follows: A. That a proper application for Conditional Use Permit 2012-10 was filed by Mr. Michael Demoratz and Mr. Lindburgh McPherson requesting authorization for a maximum of 24 paid outdoor events per year at the existing single family residence at 310 S. Pasadena Avenue. B. That the site is located in the Single Family Residential District (R1) and Cultural Resource District (CR), and has a Low Density Residential General Plan land use designation. C. That the Low Density Residential land use designation provides for residential uses and a variety of public, institutional, and other uses which are determined to be compatible with, and oriented toward the needs of these neighborhoods. In addition, the project has been reviewed for consistency with the Air Quality Sub -element of the City of Tustin General Plan and has been determined to be consistent with the Air Quality Sub -element. D. That Conditional Use Permit 2012-10 is consistent with, and implements, the following General Plan Land Use Element goals and policies: a. Policy 5.5: Encourage the restoration and rehabilitation of properties in Tustin eligible for inclusion on the National Register of Historic Places according to the rehabilitation guidelines and tax incentives of the National Trust for Historic Preservation. b. Policy 6.5: Preserve historically significant structures and sites, and encourage the conservation and rehabilitation of older buildings, sites and neighborhoods that contribute to the City's historic character. c. Policy 7.1: Broaden the City's tax base by attracting businesses which will contribute to the City's economic growth and employment opportunities while ensuring compatibility with other General Plan goals and policies. d. Goal 10: Improve and strengthen the Tustin Old Town/First Street area with a unique pedestrian environment and diverse mix of goods, services, and uses. Resolution No. 4207 Page 2 e. Policy 10.1: Improve the Old Town District's identity as the City's historical and architectural focus and its contribution to the City's economic base. E. That the purposes of the CR District are as follows: a. Safeguard the heritage of the City by preserving neighborhoods, structures, sites and features which reflect elements of the City's cultural, architectural, artistic, aesthetic, political, social, natural and engineering heritage. b. Encourage public knowledge, understanding, and appreciation of the City's past. c. Strengthen civic and neighborhood pride and a sense of identity based on the recognition and use of cultural resources. d. Provide the private and public enjoyment, use and preservation of culturally significant neighborhoods, structures and sites appropriate for the education and recreation of the citizens of Tustin and visitors to the City. e. Enhance property values and increase economic and financial benefits to the City and its inhabitants. f. Assure that new construction and subdivision of lots in the Cultural Resource District are compatible with the character of the district. g. Identify as early as possible and resolve conflicts between preservation of historic and cultural resources and alternative land uses. F. That the proposed outdoor event use, which is a nonlisted use in the CR District, supports the purposes of the CR District and is consistent with and implements Policies 5.5, 6.5, 6.11, 7. 1, and 10.1 and Goal 10 of the Land Use Element of the General Plan in that: a. The proposed use would introduce many first-time Old Town Tustin visitors to Tustin's historic resources which would foster knowledge, understanding, and appreciation of Tustin's past. b. The proposed use would complement and bring recognition to a historic resource, which would promote the identity of Old Town Tustin. c. The proposed use would allow for the enjoyment and use of a locally significant historic property by Tustin citizens and visitors. Resolution No. 4207 Page 3 d. The proposed use has the potential to directly and indirectly generate additional revenue for the City in the form of business license taxes, sales tax, and transient occupancy tax. e. The proposed use could be conditioned to avoid potential conflicts between the events and the surrounding Cultural Resource District. G. That a public hearing was duly called, noticed, and held for Conditional Use Permit 2012-10 on October 9, 2012, by the Planning Commission. H. That the establishment, maintenance, and operation of the proposed use will not, under the circumstances of this case, be detrimental to the health, safety, morals, comfort, or general welfare of the persons residing or working in the neighborhood, nor be injurious or detrimental to the property and improvements in the neighborhood of the subject property, or to the general welfare of the City of Tustin in that: 1) The proposed use is authorized pursuant to Section 9252j2(a)(2) of the Tustin City Code with the approval of a Conditional Use Permit by the Tustin City Council, which may consider a proposed nonlisted use of a property within the CR District when the use supports the purposes of the CR District, following a public hearing and recommendation by the Planning Commission. 2) The proposal is consistent with the Single Family Residential (R1) zoning district standards in that other assembly uses such as churches, schools, parks and playgrounds also are subject to conditional use permit approval. The proposed use is appropriate under the General Plan Land Use Element Low Density Residential designation in that similar assembly uses such as churches and schools are allowed when determined to be compatible with the neighborhood. 3) The proposed use is consistent with other private gatherings such as charity events and weddings and with other public gatherings such as home tours and promenades which have occurred on a regular basis without significant disruption in the Cultural Resource District. I Resolution No. 4207 Page 4 4) As conditioned, Conditional Use Permit 2012-10 may be reviewed as often as necessary, by the Community Development Director. If the use is not operated in accordance with Conditional Use Permit 2012-10 or is found to be a nuisance or negative impacts are affecting the surrounding uses, the Community Development Director would have the authority to impose additional conditions to eliminate the nuisance or negative impacts or may initiate proceedings to revoke the Conditional Use Permit. 5) The proposed outdoor events would be managed by the property owners who have experience hosting many outdoor charity events at 310 S. Pasadena Avenue. The City will rely on the property owners to fulfill the conditions of approval and comply with all Building/Safety Codes. 6) The implementation/application of the proposed conditions would ensure compatibility of the proposed use with the surrounding uses and the Tustin City Code. 7) The proposed outdoor events would be ancillary to the existing single family residence at 310 S. Pasadena Avenue and are not anticipated to result in parking impacts since an adequate number of parking spaces will be required to be provided at an approved off- site parking lot to accommodate parking needs. 8) The Tustin Police and Public Works Departments have reviewed the application and have no immediate concerns. That this project is Categorically Exempt pursuant to Sections 15301, Class 1 (Existing Facilities) and 15303, Class 3 (New Small Facilities) of Title 14, Chapter 3 of the California Code of Regulations (Guidelines for the California Environmental Quality Act. II. The Planning Commission hereby recommends that the City Council approve Conditional Use Permit 2012-10 authorizing a maximum of 24 outdoor events per year at 310 S. Pasadena Avenue, subject to the conditions contained within Exhibit A attached hereto. PASSED AND ADOPTED by the Planning Commission of the City of Tustin at a regular meeting on the gth day of October, 2012. ST�:VRWK / / / Chairperson ZZ — ELIZABETH A. BINSACK Planning Commission Secretary Resolution No. 4207 Page 5 STATE OF CALIFORNIA ) COUNTY OF ORANGE ) CITY OF TUSTIN ) I, Elizabeth A. Binsack, the undersigned, hereby certify that I am the Planning Commission Secretary of the City of Tustin, California; that Resolution No. 4207 was duly passed and adopted at a regular meeting of the Tustin Planning Commission, held on the gth day of October, 2012. J��p> ELIZABETH A. BINSACK Planning Commission Secretary F1 n EXHIBIT A RESOLUTION NO. 4207 CONDITIONAL USE PERMIT 2012-10 CONDITIONS OF APPROVAL GENERAL (1) 1.1 The proposed project shall substantially conform with the submitted plans for the project date stamped , on file with the Community Development Department, as herein modified, or as modified by the Director of Community Development in accordance with this Exhibit. The Director of Community Development may also approve subsequent minor modifications to plans during plan check if such modifications are consistent with provisions of the Tustin City Code. (1) 1.2 Unless otherwise specified, the conditions contained in this Exhibit shall be complied with as specified, subject to review and approval by the Community Development Department. (1) 1.3 This approval shall become null and void unless the first event takes place within twelve (12) months of the date of this Exhibit. Time extensions may be granted if a written request is received by the Community Development Department within thirty (30) days prior to expiration. (1) 1.4 Approval of Conditional Use Permit 2012-10 is contingent upon the applicant and property owner signing and returning to the Community Development Department a notarized "Agreement to Conditions Imposed" form and the property owner signing and recording with the County Clerk - Recorder a notarized "Notice of Discretionary Permit Approval and Conditions of Approval' form. The forms shall be established by the Director of Community Development, and evidence of recordation shall be provided to the Community Development Department. (1) 1.5 This condition shall serve as a precitation and to inform the responsible person(s) and property owner(s) of the compliance requirements pursuant to the Tustin City Code (TCC) and/or other applicable codes, laws, and conditions. Failure to comply with the conditions of approval set forth herein shall result in the issuance of an administrative citation pursuant to TCC 1162(a). The City may also take further legal action including issuing the responsible person(s) a citation and/or abating the violation(s) with the cost of such abatement and/or prosecution assessed against the responsible person(s), the property owner(s), and/or the property as a lien. Upon the issuance of a third administrative SOURCE CODES (1) STANDARD CONDITION (5) RESPONSIBLE AGENCY REQUIREMENT (2) CEQA MITIGATION (6) LANDSCAPING GUIDELINES (3) UNIFORM BUILDING CODE/S (7) PC/CC POLICY (4) DESIGN REVIEW *** EXCEPTION Exhibit A Resolution No. 4207 CUP 2012-10 Page 2 citation within a one year period, the Community Development Director shall set the matter for hearing before the Planning Commission and City Council to consider revocation or the imposition of additional conditions. (1) 1.6 Conditional Use Permit 2012-10 may be reviewed as often as necessary by the Community Development Director on the Community Development Director's own initiative or in consultation with the Police Chief or the Director of Public Works, to ensure compatibility with the area and compliance with the conditions of approval contained in this Resolution and related Exhibits ("conditions of approval"). If the Community Development Director, either on the Director's own initiative or after consulting with the Police Chief and/or the Director of Public Works, determines that there is evidence that the use is being operated in a manner inconsistent with the conditions of approval or is creating a nuisance or otherwise negatively or detrimentally affecting surrounding uses, the Community Development Director may impose additional conditions to eliminate the nuisance or negative impacts, or may set the matter for hearing before the Planning Commission and the City Council as provided under Tustin City Code Section 9293. At the conclusion of such hearing, the City Council may either revoke the permit or impose additional conditions as the City Council may reasonably determine necessary or convenient to eliminate any nuisance or minimize any negative impacts. (1) 1.7 If in the future the City's Community Development Director, Police Chief, and/or Public Works Department determine that a parking, traffic, or noise problem exists on the site or in the vicinity as a result of the facility, the Community Development Director, Police Chief, and/or Public Works Department may require that the applicant prepare a parking demand analysis, traffic study, or noise analysis and the applicant shall bear all associated costs. If said study indicates that there is inadequate parking or a traffic or noise problem, the applicant shall be required to provide mitigation measures to be reviewed and approved by the Community Development Department, Police Chief, and/or Public Works Department. Said mitigation measures may include, but are not limited to, the following: (a) Adjust days and/or hours of operation. (b) Reduce the maximum attendance at events. (c) Provide additional or alternative parking. (d) Eliminate live entertainment. Exhibit A Resolution No. 4207 CUP 2012-10 Page 3 (e) Require additional on-site security personnel. (f) Provide sound attenuation. (1) 1.8 As a condition of approval of Conditional Use Permit 2012-10, the applicant shall agree, at its sole cost and expense, to defend, indemnify, and hold harmless the City, its officers, employees, agents, and consultants, from any claim, action, or proceeding brought by a third party against the City, its officers, agents, and employees, which seeks to attack, set aside, challenge, void, or annul an approval of the City Council, the Planning Commission, or any other decision-making body, including staff, concerning this project. The City agrees to promptly notify the applicant of any such claim or action filed against the City and to fully cooperate in the defense of any such action. The City may, at its sole cost and expense, elect to participate in the defense of any such action under this condition. (1) 1.9 The applicant shall be responsible for costs associated with any necessary code enforcement action, including attorney's fees, subject to the applicable notice, hearing, and appeal process as established by the City Council by ordinance. (1) 1.10 An 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. (1) 1.11 If an event requires extra planned or unplanned City services such as police, code enforcement, or public works services, as determined by the Community Development Director, the applicant shall reimburse the City for any costs associated with the planned or unplanned City services. USE RESTRICTIONS (**`) 2.1 All events shall take place entirely within the outdoor areas of the property. (***) 2.2 A maximum of 24 outdoor events shall be allowed per calendar year. A maximum of five (5) outdoor events shall be allowed per calendar month. Exhibit A Resolution No. 4207 CUP 2012-10 Page 4 (***) 2.3 The maximum attendance at each outdoor event shall not exceed a total of 200 people for the event, including service providers, such as caterers, musicians, photographers, etc. (***) 2.4 Events, including set up activities, shall take place only between 10:00 a.m. and 10:00 p.m. on Friday and Saturday, and between 10:00 a.m. and 9:00 p.m. on Sunday through Thursday. (***) 2.5 Based on the maximum allowable attendance of 200 and a parking requirement of one space per 3 guests, the approved off-site parking lot or lots shall accommodate a minimum of 67 vehicles in marked parking stalls and/or through valet parking, as approved by the Director of Community Development. (***) 2.6 There shall be no event parking on Pasadena Avenue or any other street. All guests and service providers shall park their vehicles on the property at 310 S. Pasadena Avenue, or at an off-site parking lot approved by the Director of Community Development. The applicant and/or property owner shall post signage, as approved by the Director of Community Development, at the front of 310 S. Pasadena Avenue identifying the location of the approved off-site parking lot and indicating that no guest parking is permitted on Pasadena Avenue or any other street. No other event signage shall be allowed. (***) 2.7 The applicant and/or property owner shall submit a parking and traffic management plan for the off-site parking lot and the surrounding neighborhood street system to Public Works Department for review and approval a minimum of thirty (30) calendar days prior to the first outdoor event that utilizes the approved off-site parking lot. The parking and traffic management plan shall be prepared by a registered Traffic Engineer or a registered Civil Engineer with experience in preparing a parking and traffic management plan. The parking and traffic management plan must emphasize measures that will provide assurance that event attendees will not be parking in the surrounding neighborhood, including the implementation of an identification system for shuttle passengers The applicant and/or property owner shall retain a bonded/licensed traffic management company to implement the provisions of the parking and traffic management plan including set-up/break-down and removal of all traffic control devices at the conclusion of each event. Exhibit A Resolution No. 4207 CUP 2012-10 Page 5 (***) 2.8 The applicant and/or property owner shall provide to the Director of Community Development a written shared parking agreement between the property owners of 310 S. Pasadena and the off-site parking lot a minimum of thirty (30) calendar days prior to the first outdoor event that utilizes the approved off-site parking lot. If the agreement is terminated, events shall be discontinued until an alternate parking lot is approved for off-site parking by the Director of Community Development. (1) 2.9 The approved off-site parking lot 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. (***) 2.10 Outdoor events shall not be held during business hours of the businesses that utilize the approved off-site parking lot. (*") 2.11 The applicant and/or property owner shall provide evidence of a written contract for event shuttle services to the Director of Community Development a minimum of ten (10) calendar days prior to the first event that utilizes the shuttle service. The form and content of this agreement shall require approval by the Director of Community Development. (***) 2.12 A non -diesel shuttle van, with a maximum capacity of 12 passengers, shall provide continuous shuttle service to and from 310 S. Pasadena Avenue beginning no later than one hour prior to the event and ending once all guests and service providers have vacated the property at 310 S. Pasadena Avenue. For events with 100 guests or more, a minimum of two non -diesel shuttle vans, each with a maximum capacity of 12 passengers shall provide continuous shuttle service, unless approved otherwise by the Director of Community Development. Shuttle van drivers shall refrain from sounding horns and other noise making devices. Shuttle vans shall be ADA compliant and shall not idle for more than three (3) minutes. (***) 2.13 A minimum of one parking lot attendant or valet shall be present at the approved off-site parking lot beginning no later than one hour prior to the event and ending once all vehicles have vacated the approved off-site parking lot. Duties of the attendant or valet shall include directing guests to use the shuttle service rather than walking to the event site, limiting noise, discouraging loitering, and reporting any unusual activities to the applicant, property owner, and/or designated event coordinator. Exhibit A Resolution No. 4207 CUP 2012-10 Page 6 (***) 2.14 All service providers for the events, such as caterers, equipment rental employees, photographers, musicians, florists, etc. shall park their vehicles on the property when making deliveries and retrieving items. All boxes, carts, and equipment shall be placed out of view from the public right of way. (***) 2.15 A minimum of one event attendant shall be stationed at the front of 310 S. Pasadena Avenue beginning one hour prior to the event and until all guests and service providers have vacated the premises. Duties of the event attendant shall include directing guests, monitoring on -street parking, limiting noise, discouraging loitering, and reporting any unusual activities to the applicant, property owner, and/or designated event coordinator. (***) 2.16 All events shall be by invitation only. Invitations addressed to event guests may not include the venue's address and shall include parking instructions to the off-site parking location and clearly state that parking for the event shall be prohibited on Pasadena Avenue, 2nd Street, Myrtle Avenue, and any other street, and that the hosts of the event may be fined for each violation of this requirement. (***) 2.17 Shuttles providing transportation to and from the event site shall only park on-site or on the street directly in front of 310 S. Pasadena Avenue or on the street adjacent to the approved off-site parking lot. (***) 2.18 No refrigerated trucks or trucks with generators shall be allowed to park at 310 S. Pasadena Avenue during outdoor events. (1) 2.19 Any litter on-site or within the public right-of-way attributable to the outdoor event shall be removed within one hour of the conclusion of the event. The applicant and property owner shall assume full responsibility for clean-up of litter, refuse, and debris attributable to the event. (1) 2.20 No outdoor storage of event chairs, tables, canopies, or other event items shall be permitted, except as approved by the Director of Community Development. (1) 2.21 The existing garage shall be available for the parking of vehicles. Storage may occur in the garage only to the extent that such storage does not impede vehicle parking nor reduce the number or required minimum size of the required garage space, which is 20 feet by 20 feet. (1) 2.22 The outdoor event use shall remain ancillary to the single family residential use of the property. At such time the residential use is discontinued or no longer the primary use of the property, or the Exhibit A Resolution No. 4207 CUP 2012-10 Page 7 applicants for Conditional Use Permit 2012-10 no longer own the property, the use permit shall be deemed null and void. (1) 2.23 The types of live entertainment permitted includes single performers, duos, disc jockeys, karaoke singers, the use of a piano, organ, keyboard, radio, record, tape, compact disc player juke box, television receiver, or similar device. Any change to the type of live entertainment other than authorized by this Conditional Use Permit shall be authorized by the Director of Community Development. (1) 2.24 The ambient noise levels resulting from the outdoor events shall not exceed the standards of the City of Tustin Noise Ordinance. (1) 2.25 No loitering, public drunkenness, informal gathering, or other activities by guests or service providers shall occur on the public right of way, at the approved off-site parking lot, or on any private residential property in the vicinity of 310 S. Pasadena Avenue or the approved off-site parking lot. (1) 2.26 All amplified sound and music shall cease by 10:00 p.m. on Friday and Saturday, and by 9:00 p.m. on Sunday through Thursday. (1) 2.27 Tables, chairs, tents, and other equipment associated with the event shall not be removed from the site between 11:00 p.m. and 10:00 a.m. on Friday and Saturday, and not between 10:00 p.m and 10:00 a.m. on Sunday through Thursday. (***) 2.28 The applicant and/or property owner shall notify the Tustin Police Department Watch Commander (by electronic mail) of the date and time of each outdoor event, and the phone number and email address of the designated event coordinator (if applicable) at least 72 hours prior to the event. (***) 2.29 The applicant, property owner, or designated event coordinator shall be present on-site during the entirety of each outdoor event, including set-up and clean-up. The applicant, property owner, or designated event coordinator shall be accessible by mobile telephone and e-mail during the event to address any issues or complaints from community members. The mobile telephone number and email address and a schedule of upcoming event dates and times shall be provided on the applicants' website at least thirty (30) days prior to the event. (***) 2.30 The service and consumption of alcoholic beverages on the premises during any outdoor event may occur only in accordance with all regulations and requirements of the State Department of Alcoholic Beverage Control. Exhibit A Resolution No. 4207 CUP 2012-10 Page 8 (1) 2.31 Persons who appear obviously intoxicated prior to the event shall not be admitted into the premises for the duration of the outdoor event. (1) 2.32 Patrons who become obviously intoxicated during the event shall not be served any additional alcoholic beverages. (***) 2.33 All service providers, including caterers, musicians, photographers, and florists shall be selected from a list of approved service providers maintained by the applicant and/or property owner. (***) 2.34 Prior to the first outdoor event, the proposed restroom facilities shall be approved and inspected by the City of Tustin. (1) 2.35 There shall be no special events sponsored by or involving an outside promoter or any other person other than the applicant and/or property owner. The building may not be sublet to a separate business or promoter or person other than the applicant and/or property owner. (1) 2.36 All businesses that will be operating within the City of Tustin as a result of this conditional use permit, including event setup and clearing, shall be required to obtain a valid City of Tustin Business License and all required permits. (1) 2.37 A Certificate of Appropriateness shall be approved prior to the issuance of permits for any exterior improvements requiring a building permit. (1) 2.38 Lighting shall not produce light, glare, or have a negative impact on adjacent properties. Details of all proposed lighting fixtures and a photometric study showing the location and anticipated pattern of light distribution of all proposed fixtures shall be provided at plan check. All new light fixtures shall be consistent with the architecture of the building and all exterior lighting shall be designed and arranged as not to direct light or glare onto adjacent properties, including the adjacent streets. Wall - mounted fixtures shall be directed at a 90 -degree angle directly toward the ground. (***) 2.39 Cooking and/or food preparation for outdoor events shall not occur inside any building on the property. (1) 2.40 Fire and Police access and passage shall be permitted at all times. All activities including parking and equipment shall not block parking areas, access, or passage for disabled persons or emergency response vehicles. Exhibit A Resolution No. 4207 CUP 2012-10 Page 9 (1) 2.41 The proposed restroom addition shall be a minimum of 10 feet from the existing gazebo or it shall be attached to the existing gazebo. 2.42 Residential solid waste collection services shall be provided to the property. BUILDING DIVISION (1) 3.1 An Accessible Route of Travel continuous from the street to the accessible bathrooms is required for the use of persons with disabilities as required by California Building Code. These facilities located at private residences shall have accessible elements leading to the accessible bathrooms, including homeowner's front sidewalk, ramps, gates, etc. Chapter 11 B, Sections 1101B6, 11028, and 11338. Directional and informational signs, gate access and hardscape walks are required. Sections 11176.5, and 1133B. (***) 3.2 Based on the CUP request, the public is permitted only to the outdoor facilities and the rear bathrooms, and therefore not to residences, including family room(s) as these structures are not accessible to persons with disabilities. (1) 3.3 At the time of building permit application, the plans shall comply with the 2010 Edition State and the City of Tustin adopted codes: California Building Code, California Electrical Code, California Plumbing Code, City Ordinances, and State and Federal laws and regulations. FEES (1,5) 4.1 Prior to issuance of a City of Tustin Business License and/or commencement of an event, whichever occurs first, the applicant shall provide written approval from the Orange County Sanitation District (OCSD) with regards to fees for the proposed restroom and outdoor use to the City of Tustin. If necessary, the applicants shall upsize the sewer lateral. (1) 4.2 Prior to issuance of a City of Tustin Building Permit and/or commencement of an event, whichever occurs first, the applicant shall provide written approval from the Transportation Corridor Agency (TCA) with regards to fees for the proposed restroom and outdoor use to the City of Tustin. Exhibit A Resolution No. 4207 CUP 2012-10 Page 10 (1) 4.3 Within forty-eight (48) hours of approval of the subject project, the applicant shall deliver to the Community Development Department, a cashier's check payable to the COUNTY CLERK in the amount of fifty dollars ($50.00) to enable the City to file the appropriate environmental documentation for the project. If within such forty-eight (48) hour period the applicant has not delivered to the Community Development Department the above -noted check, the statute of limitations for any interested party to challenge the environmental determination under the provisions of the California Environmental Quality Act could be significantly lengthened. r MINUTES REGULAR MEETING TUSTIN PLANNING COMMISSION OCTOBER 9, 2012 7:00 p.m. CALL TO ORDER: Given INVOCATION/PLEDGE OF ALLEGIANCE: Commissioner Eckman Sworn in by Mayor 1. SEATING OF COMMISSIONER ALTOWAIJI. John Nielsen ROLL CALL: Chair Kozak Chair Pro Tem Thompson Commissioners Altowaiji, Eckman, and Moore Staff Present Elizabeth A. Binsack, Director of Community Development M. Lois Bobak, Assistant City Attorney Dana L. Ogdon, Assistant Director of Community Development Justina Willkom, Principal Planner Scott Reekstin, Senior Planner Amy Stonich, Senior Planner Adrianne DiLeva, Recording Secretary PUBLIC CONCERNS: Chair Pro Tem Thompson stated Chair Kozak, himself, and his fellow Commissioners, would like to take a moment to formally recognize three staff members of the Public Works Department who will be retiring and have assisted the Planning Commission on many items in the past; Doug Anderson, Dana Kasdan, and Terry Lutz. A brief biography on each of the employee's professional histories was read, and they were presented with a historic book on the City of Tustin. Chair Kozak and Chair Pro Tem Thompson thanked them for all their hard work. CONSENT CALENDAR: Approved 2. APPROVAL OF MINUTES — SEPTEMBER 25, 2012, PLANNING COMMISSION. Minutes — Planning Commission October 9, 2012 — Page 1 of 11 RECOMMENDATION: That the Planning Commission approve the minutes of the September 25, 2012, meeting as provided. Motion: It was moved by Eckman, seconded by Thompson, to move the Consent Calendar. Motion carried 4-1. Commissioner Altowaiji abstained. PUBLIC HEARINGS: Adopted Resolution 3 No. 4207 as amended, recommending approval to the City Council CONDITIONAL USE PERMIT (CUP) 2012-10. The request is for Planning Commission recommendation of approval of CUP 2012-10 to the City Council to allow a maximum of 24 paid outdoor events per year at the existing single family residence at 310 S. Pasadena Avenue. APPLICANTS/ PROPERTY OWNERS PROJECT LOCATION ENVIRONMENTAL: Wilcox Manor Trust Michael J. Demoratz, Trustee Lindburgh M. McPherson, Trustee, 310 S. Pasadena Avenue, Tustin, CA 92780 310 S. Pasadena Avenue This project is categorically exempt (Class 1 — existing facilities, and Class 3 — small new facilities) pursuant to Sections 15301 and 15303 of the California Environmental Quality Act. RECOMMENDATION/ALTERNATIVES: Pursuant to Tustin City Code Sections 9252c and 9252j2(a)(2), the Planning Commission serves in an advisory capacity to the City Council on all matters relating to the Cultural Resource (CR) District and on all conditional use permits for non -listed uses which support the purposes of the CR District. As such, the following is a recommendation and/or alternatives available: Minutes — Planning Commission October 9, 2012 — Page 2 of 11 • Adopt Resolution No. 4207 recommending that the City Council approve Conditional Use Permit 2012-10 determining that the proposed project supports the purposes of the CR District and authorizing a maximum of 24 paid outdoor events per year at the existing single family residence at 310 S. Pasadena Avenue; or In the alternative the Commission may take one of the following actions: • Direct staff to prepare a resolution recommending that the City Council deny Conditional Use Permit 2012-10, with findings that the use does not support the purposes of the CR District and findings for the denial of a conditional use permit. • Direct staff to evaluate the merits of initiating a General Plan Amendment and Zone Change to change the General Plan Land Use Designation and zoning designation of the property at 310 S. Pasadena from Low Density Residential and Single Family Residential (R1) to High Density Residential and Multiple Family Residential (R3); and determine that the proposed use is similar to social halls, lodges, clubs, etc. which are conditionally permitted uses in the R3 District. Commissioner Altowaiji recused himself from the public hearing due to owning property within 500 feet of the proposed project. He then left the dais. Reekstin Gave a presentation of the item. Commission questions generally included: signs for off-site parking; db(A) limit at 10:00 p.m.; alternative off-site parking during business hours of the desired off-site lot; details of the shuttle -service to and from the off-site parking; events being limited to Friday, Saturday, and Sunday; agreement for off-site parking and distance of the parking from the residence; design for the proposed restrooms; use of the property prior to the CUP approval; possibility of the CUP being terminated if the property ownership changes; how the City would gather revenue if the project is approved; the option of a zone change; how the 200 person limit and the limit of five events per month were established; the application of the fire code since the events are outdoors and why indoor events are not proposed; ADA requirements on the property; the French Estate in Orange's similarities to the proposed project; and the number of non -paid events the applicants are currently hosting. Minutes — Planning Commission October 9, 2012 — Page 3 of 11 The public hearing opened at 7:52 p.m. The following members of the public spoke in favor of the proposed project: Lindburgh McPherson, applicant Michael Demoratz, applicant Libby Pankey Jody Wedret Ruth Harrell Chad Ortlieb Robin Fry Gretchen Whisler Melody Mosley Rosemary Pinedo Moses Perez Donna Marsh Peery Cherrill Cady Cathy Michaels Sarah Pearson Raad Ghantous Comments of support generally included: how the use would enhance the character of the community and introduce guests to the history of Tustin; sound from the backyard is not audible from the front; the applicants are a vital asset and generous in donating to non -profits, therefore the paid events would help recover those costs; the applicants are professional and respectful towards their neighborhood when running events; and enrichment of the City and economy through networking and referring guests to local businesses. The following members of the public spoke in opposition to the proposed project: Brent Ferdig Linda Jennings Martin Blenz Teresa O'Toole Comments of concern generally included: regulation of on- site parking/traffic congestion and noise caused by cars and shuttle busses; setting a precedent throughout the City; incompatibility of establishing a high-volume commercial use in a residential neighborhood; alcohol being consumed at events; inconsistency with Tustin's Minutes — Planning Commission October 9, 2012 — Page 4 of 11 General Plan; nuisance of the directional signs and negative impact on property values; the historic home is not open to guests during these paid events, therefore it is not being used to introduce guests to Tustin's history; trash clean-up after events; subletting; and pest control. The public hearing closed at 9:04 p.m. The Commission entered into deliberation of the item recommending amendments to the Resolution and conditions of approval noting that the conditions should be onerous to ensure there is a balance between the neighborhood and proposed use. The Commission's amendments are as follows: Minutes — Planning Commission October 9, 2012 — Page 5 of 11 • Globally change "24 paid outdoor events" to "24 outdoor events." • Delete Resolution No. 4207 Finding I.D.c. • Delete Resolution No. 4207 Finding I.E.e. • Add the Public Works Department to Resolution No. 4207 Finding I.H.8. • Condition 1.5 — Add provision that revocation would be considered after third infraction/citation within one year. • Condition 1.11 — Add "as determined by the Community Development Director." • Condition 2.3 — Specify that the maximum of 200 people is a total per event. • Conditions 2.4, 2.26, and 2.27 — Adjust the hours of operation to no later than 10 p.m. on Friday and Saturday and 9 p.m. Sunday through Thursday, with equipment removal up to one hour later. • Condition 2.6 — Prohibit on-site signage. • Condition 2.7 — Require attendees to present proof of shuttle use. • Condition 2.12 — Require shuttle vans to be non -diesel, have a maximum passenger capacity of twelve, not use horns or bells, be ADA compliant, and not idle for more than three minutes. • Condition 2.13 — Require guests to use the shuttle service rather than walk. • Condition 2.19 — Require litter removal, with no specified distance from the property. • Condition 2.22 — Tie CUP 2012-10 to the applicants. • Condition 2.29 — Require a schedule of events and information on the applicants' website 30 days prior to an event. • Condition 2.36 — Require all businesses servicing events to obtain all required permits. Minutes — Planning Commission October 9, 2012 — Page 5 of 11 • Condition 2.42 — Add condition requiring residential solid waste collection services. • Condition 4.1 — Require the sewer lateral to be upsized if necessary. The Commission reached a consensus to recommend the proposed project to the City Council with the abovementioned amendments. Motion: It was moved by Thompson, seconded by Moore, to adopt Resolution No. 4207 as amended recommending the item to City Council. Motion carried 4-0. Commissioner Altowaiji was recused from the vote. The Planning Commission recessed at 10:00 p.m. and readjourned at 10:10 p.m. Adopted Resolution 4. DEVELOPMENT AGREEMENT (DA) 2012-002, No. 4205 recommending CONCEPT PLAN (CP) 2012-003, DESIGN REVIEW (DR) approval to the City Council 2012-005, DENSITY TRANSFER, DENSITY BONUS, AND CONCESSIONS OR INCENTIVES AUTHORIZED UNDER TUSTIN CITY CODE SECTION 9123 RELATED TO THE PROVISION OF AFFORDABLE HOUSING UNITS IN COMPLIANCE WITH CALIFORNIA GOVERNMENT CODE SECTION 65915(1). The request is for DA 2012-002, CP 2012-003, DR 2012- 005, Density Transfer, Density Bonus, and concessions or incentives authorized under Tustin City Code Section 9123 related to the provision of affordable housing units in compliance with California Government Code Section 65915(1) required for proposed development of Tustin Legacy Disposition Package 1A -North which includes 225 affordable multi -family residential apartment homes. APPLICANT: St. Anton Partners, LLC 4630 Campus Drive, Suite 111 Newport Beach, CA 92660 PROPERTY OWNER: City of Tustin PROJECT LOCATION: Tustin Legacy Disposition Package 1A North bounded by future Tustin Ranch Road on the east, future Legacy Road on the north, future Park Avenue on the west, and a vacant parcel to the south. Minutes — Planning Commission October 9, 2012 — Page 6 of 11 ENVIRONMENTAL: The Program Final Environmental Impact Statement/Environmental Impact Report (FEIS/EIR) for the reuse and disposal of MCAS Tustin along with its supplemental and addendum considered the potential environmental impacts associated with development on the former Marine Corps Air Station, Tustin. An environmental checklist was prepared for the proposed project that concluded no additional environmental impacts would occur from approval of the project. RECOMMENDATION: That the Planning Commission adopt Resolution No. 4205 recommending that the Tustin City Council approve Development Agreement (DA) 2012-002, Concept Plan (CP) 2012-003, Design Review (DR) 2012-005, Transfer, Density Bonus, and Concessions or Incentives authorized under Tustin City Code Section 9123 related to the provision of 225 affordable residential apartment housing units in compliance with California Government Code Section 65915(1) required for the proposed development of Tustin Legacy Disposition Package 1A - North. Ogdon Gave a presentation of the item. Planning Commission questions generally included: clarification on the exchange of affordable versus market -rate units from The Irvine Company to St. Anton; the provision for compact parking spaces in the MCAS Tustin Specific Plan; discrepancy with the setback requirement; whether the increase in housing creates the need for a revaluation of the EIR; requirements for affordable housing; number of incentives and concessions being proposed; parking management/implementation plans; cost limitation on the proposed park; master association fees; necessity of the completion of the Tustin Ranch Road extension; clarity of the surrounding land uses planned for the future; parks private or public; and whether or not gated communities are allowed within the MCAS Tustin Specific Plan. The public hearing opened at 11:03 p.m. Steve Eggert stepped forward representing St. Anton Partners. Mr. Eggert gave a brief presentation of the project proposal and stated what a positive addition it would be to the City of Tustin. Minutes — Planning Commission October 9, 2012 — Page 7 of 11 The public hearing closed at 11:11 p.m. The Planning Commission entered discussion of the item. Altowaiji Stated his design -related questions were answered by Mr. Eggert. Eckman Had no additional comments at this point. Thompson Loves the project and the amenities. Approves of the design. Would like to move the approval of the item. Kozak Stated his concerns were adequately addressed by the applicant. Supports the transfer of affordable units as well as the project design. Would recommend approval of the project to the City Council. Moore Requested clarification on the development agreement. Motion: It was moved by Thompson, seconded by Altowaiji, to adopt Resolution No. 4205 recommending approval to the City Council. Motion carried 5-0. Adopted Resolution 5. DEVELOPMENT AGREEMENT (DA) 2012-001, DESIGN No. 4206 recommending REVIEW (DR) 2012-004, CONCEPT PLAN (CP) 2012 - approval to the City Council 002, DENSITY TRANSFER, DENSITY BONUS, CONCESSIONS OR INCENTIVES AUTHORIZED UNDER TUSTIN CITY CODE SECTION 9123 RELATED TO THE PROVISION OF AFFORDABLE HOUSING UNITS IN COMPLIANCE WITH CALIFORNIA GOVERNMENT CODE SECTION 65915(1), AND PARCEL MAP (PM) 2012-136. The request is for DA 2012-001, CP 2012-002, DR 2012- 004, Density Transfer, Density Bonus, concessions or incentives authorized under Tustin City Code Section 9123 related to the provision of affordable housing units in compliance with California Government Code Section 65915(1), and PM 2012-136, required for proposed development of Tustin Legacy Disposition Package 2A which includes 37 moderate income units and 496 market rate units for a total of 533 residential apartment units. APPLICANT: The Irvine Company, LLC 550 Newport Center Drive Newport Beach, CA 92660 Minutes — Planning Commission October 9, 2012 — Page 8 of 11 PROPERTY OWNER: City of Tustin PROJECT LOCATION: ENVIRONMENTAL: Tustin Legacy Disposition Package 2A bounded by future Warner Avenue on the north, future Park Avenue on the south, and existing Tustin Ranch Road on the east. The Program Final Environmental Impact Statement/Environmental Impact Report (FEIS/EIR) for the reuse and disposal of MCAS Tustin along with its supplemental and addendum considered the potential environmental impacts associated with development on the former Marine Corps Air Station, Tustin. An environmental checklist was prepared for the proposed project that concluded no additional environmental impacts would occur from approval of the project. RECOMMENDATION: That the Planning Commission adopt Resolution No.4206 recommending that the Tustin City Council approve Development Agreement (DA) 2012-001, Concept Plan (CP) 2012-002, Design Review (DR) 2012-004, Density Transfer, Density Bonus, Concessions or Incentives authorized under Tustin City Code Section 9123 related to the provision of affordable housing units in compliance with California Government Code Section 65915(1), and Parcel Map (PM) 2012-136, required for the proposed development of 533 apartment units (including 37 affordable units) at Tustin Legacy Disposition Package 2A. Ogdon Gave a presentation of the item. Planning Commission questions generally included: affordable or moderate -income housing in the development; open -space requirements; and building height limitations. The public hearing opened at 11:42 p.m. Bryan Austin spoke representing The Irvine Company. Mr. Austin provided a brief presentation on the project proposal. Stated The Irvine Company is excited to be part of Tustin Legacy. Minutes — Planning Commission October 9, 2012 — Page 9 of 11 The public hearing closed at 11:50 p.m. The Planning Commission entered discussion of the item. Altowaiji Stated this is a great project proposal similar to St. Anton's and would support staffs recommendation of approval. Moore Stated he understood staffs clarification of the open -space element. Eckman Stated it is a great project and that he supports it. Thompson Would move forward with approval of the project. His questions were addressed. Kozak Echoed his fellow Commissioner's comments. Stated the St. Anton and The Irvine Company projects will complement each other well. Motion: It was moved by Kozak, seconded by Thompson, to adopt Resolution No. 4206 recommending approval to City Council. Motion carried 4-1. Commissioner Moore abstained. None REGULAR BUSINESS: None STAFF CONCERNS: COMMISSION CONCERNS: Eckman . Attended Tustin Tiller Days in which the Parks and Recreation Department did a wonderful job of coordinating. Hoped many nonprofit organizations benefited that day. Altowaiji Thanked City Council for his appointment as Planning Commissioner. Stated he looks forward to working with his fellow Commissioners to accomplish the goals of the City. Moore • Welcomed Commissioner Altowaiji; Requested an update on recent project approvals in Old Town, and the congregate care facility on Red Hill. Thompson . Stated Tiller Days was well-done once again; • Congratulated Commissioner Altowaiji on his appointment; • Requested to be kept updated on projects/development agreements for disposition packages within Tustin Legacy. Minutes — Planning Commission October 9, 2012 — Page 10 of 11 Kozak 0 Thanked staff for their hard work this evening; • Congratulated the Parks and Recreation Department on a successful Tustin Tiller Days event; • Participated in a recent CEQA webinar; • Stated City Council approved the Red Hill Lutheran project and denied the appeal of the Goodwill Industries Project, thus approving it as well; • Welcomed Commissioner Altowaiji and stated it was good to have him on board. 11:58 p.m. ADJOURNMENT: The next regular meeting of the Planning Commission is scheduled for Tuesday, October 23, 2012, at 7:00 p.m. in the City Council Chamber at 300 Centennial Way. ASTMENVIS'ZAK Chairperson ELIZABETH A. BINSACK Planning Commission Secretary Minutes — Planning Commission October 9, 2012 — Page 11 of 11 ATTACHMENT D SUBMITTED PLANS, DOCUMENTS, AND PHOTOGRAPHS E r '.f odziir;dve we �i 5 3 I I I'l 'a°d euapm esedSOLE I I ItIN �fli� �:I aI i Gazebo ?7Aw 32 2 I I j Guest i house Dance Floor Fountain overed Patio ;Main Hou Front Door i I Fountain Walkway arden i i i oar Patio Wilcox Manor Site Plan with Tables and Dance Floor 310 South Pasadena Ave 3 3 1 ,AUG 2 ,3 2012 r Supportive Narrative for Conditional Use Permit Application OMMUNITY DEVELOPMENT DEPT \ J The following support document will hopefully address many of the items that are contained in the application for a "Conditional use permit" of the property located at 310 South Pasadena, Ave., Tustin, CA 92780 now commonly known as Wilcox Manor. 9252 - CULTURAL RESOURCE DISTRICT (CR) a. Purpose Tustin has played a vital role in the history of Orange County and has retained a rich and unique cultural heritage. It is hereby declared as a matter of public policy that the recognition, preservation, protection and use of culturally significant structures, natural features, sites and neighborhoods within the City of Tustin is required in the interest of the health, safety, prosperity, social and cultural enrichment and general welfare of City residents. The purpose of Cultural Resource District is to: 1. Safeguard the heritage of the City by preserving neighborhoods, structures, sites and features which reflect elements of the City's cultural, architectural, artistic, aesthetic, political, social, natural and engineering heritage. 2. Encourage public knowledge, understanding and appreciation of the City's past. 3. Strengthen civic and neighborhood pride and a sense of identity based on the recognition and use of cultural resources 4. Promote the private and public enjoyment, use and preservation of culturally significant neighborhoods, structures and sites appropriate for the education and recreation of the citizens of Tustin and visitors to the City. S. Enhance the visual and aesthetic character, diversity of architectural styles and aesthetic appeal of the City. 6. Enhance property values and increase economic and financial benefits to the City and its inhabitants. 7. Assure that new construction and subdivision of lots in the Cultural Resource District are compatible with the character of the district 8. Identify as early as possible and resolve conflicts between preservation of historic and cultural resources and alternative land uses. We are seeking approval for a conditional use permit for our Historic Home to allow us to hold celebratory events like weddings, birthday parties and similar events and be able to charge for them. We are seeking permission to hold no more than a maximum of twenty-four (24) paid events per year. We would like to provide you some background on the property in question and respond in advance to some concerns that are typically associated with an application for conditional use in a Cultural Resource District such as old Town Tustin. We purchased this home in November 2007, it was the top of the real estate market and prices were beginning to depress. The previous owner had passed away in 2005 and it was deteriorating into disrepair. We viewed it as a diamond in the rough and knew fully what we were going to have to do with the property to make it our own. Still we were given a shock on the day escrow closed that we were advised that our homeowner's insurance policy would not insure us unless we committed to upgrading the electrical panel and rewired the entire property within 30 days. This required completely refinishing every surface in the interior of the property. The landscaping was virtually non-existent except for dead grass and weeds covering the entire property. Non-functioning irrigation systems had to be repaired and replaced. There were several historic trees on the property suffering from lack of water including 2 approximately 150 year old Fuerte' Avocado trees that were near death since rainwater was the only water the property received for many years All major systems needed to be replaced - the plumbing was installed in 1920. The gravity heating system was original to the home and had two temperatures "on sweltering Hot or off freezing cold". We know clearly why the property remained vacant for as long as it did. We performed the overwhelming majority of the physical labor -utilizing professionals for the technical expertise We feel however, the end result essentially speaks for itself, it has been a labor of love that we freely share with our neighbors and community since it is one way that we can fully appreciate what we have accomplished. 1. safeguard the heritage of the City by preserving neighborhoods, structures, sites and features which reflect elements of the City's cultural, architectural, artistic, aesthetic, political, social, natural and engineering heritage. In May 2009, with the majority of the work complete, we allowed the house its first showing to the community. We participated in as one of the featured homes on the Tustin Historical Society's Promenade of Homes approximately 750 people toured the home that day. 2.Encourage public knowledge, understanding and appreciation of the City's past Many residents of the City of Tustin, had never seen the inside of this home, let alone knew of its very existence. Its location on the portion of Pasadena Avenue that is uniquely a double cul-de-sac makes it hard to find unless you know where you are going. We fully recognize that along with a home of this importance comes an immense responsibility to safeguard and preserve a home like this for the cultural and architectural heritage of the City of Tustin. Following this event, we invited many of our new found friends and those who appreciate this home's past to become docents for our home. There are approximately 20 individuals who make- up the Wilcox Manor Docent Guild, each having been trained on the nuances of the historic nature of the home, its contents and the grounds, they take turns telling the story of the home to our guests at charitable events. 3. Strengthen civic and neighborhood pride and a sense of identity based on the recognition and use of cultural resources. We have hosted and fully funded numerous charitable events for many of the City's charitable organizations with a specific focus of strengthening civic and neighborhood pride and instilling a sense of identity based on the recognition and use of our cultural resources. We believe this has encouraged the general public's knowledge, understanding and appreciation of our City's historic past and appreciation of the cultural resource that Wilcox manor has become. In the nearly 5 years that we have owned this property, approximately 20,000 people have come to tour its fully restored interiors and walked the constantly evolving landscaped gardens. 4.Promote the private and public enjoyment, use and preservation of culturally significant neighborhoods, structures and sites appropriate for the education and recreation of the citizens of Tustin and visitors to the City. Of the two of us, Lindburgh McPherson has been more involved as a board member in numerous organizations in the City of Tustin than 1, including the Tustin Area Historical Society, Tustin Preservation Conservancy, Tustin Council for Fine Arts and the Tustin Community Foundation and has become intimately involved in the promotion of the cultural heritage of our community. We have worked tirelessly not only to promote our home for private and public enjoyment, butwe believe we have are inspiring and encouraging others to follow our example to use and preserve culturally significant homes in City for the ongoing education and recreation of the citizens of Tustin and visitors to the City. We know that many visitors might never have come to Tustin, let alone Wilcox Manor because of our professions and work in other parts of California. We have had many visitors from outside of California at least a dozen countries as well. S. Enhance the visual and aesthetic character, diversity of architectural styles and aesthetic appeal of the City. Owning a historic residence under Mills Act Contract requires on-going renovation and restoration to continue enhancing the visual and aesthetic character. As we do this we know that we are supporting the diversity of Wilcox Manor's architectural style and the aesthetic appeal of the City of Tustin. 7. Assure that new construction and subdivision of lots in the Cultural Resource District are compatible with the character of the district. Ever mindful of the responsibility, we added a two -car garage as new construction in 2009. We worked with our architect to match the garage design to that of the house, This was done so effectively that most people are unaware that it is new construction. As we reside in a historic home, we have worked closely with the City of Tustin to resolve the lack of permits from previous owners and address safety and code violations of this home for the long term by bringing structures up to code and participating in the Mills Act program thus strengthening the ties to this City's cultural and architectural heritage and increasing the value of the property as well. 6. Enhance property values and increase economic and financial benefits to the City and its inhabitants. The real estate market literally crashed the month following the purchase of this home, making it more of a challenge and financial risk to us as we have invested hundreds of thousands of dollars into the restoration and upkeep of Wilcox Manor. Thankfully, we are aware from recent appraisal data that we have greatly enhanced the property's value and feel strongly that this has impacted our neighbors' home values as well. We believe this is far-reaching and the potential economic and financial benefit translates to the greater City of Tustin and its inhabitants, ( Our philanthropic activities predate ownership of this property by many years. So we are not new to the importance of sharing what one has to benefit others. From the start, we have shared our home as a location for charities to benefit by hosting an event or fundraiser. We know that it is very costly to put on an event in a hotel or other similar venue. The cost of a unique venue is really just one aspect; we always include tables, chairs, linens, table and glassware as well as all of the serving stations. We know that on average this has saved each organization from $3-5000. By including all of the rental items it has enabled them to maximize the funds they raise. Please refer to Exhibit C for a more detailed overview and impact of our charitable activity over the past 4 years. Our goal ofhaving a conditional use permit approved for Wilcox Manor is to allow us to continue our philanthropic activities at the same time allow us to charge for groups wishing to hold a wedding, birthday party, corporate event at Wilcox Manor. We are seeking approval of this conditional use permit to allow us the ability to hold 24 paid events per year. These will consist of weddings or similar celebratory events. This conditional use permit is not seeking permission for food preparation or for us to be licensed to serve alcoholic beverages. Any groups will engage and pay separately for caterers with proper licenses and approved offsite -cooking facilities directly. For the comfort and enjoyment of our guests the maximum guest accommodation is 200 persons with out a dance floor or 150 persons with a dance Floor. We currently have plans in the queue for approval to allow us to increase the number and type of restroom facilities on the property to accommodate both the volume as well as anyone attending who may have special needs. 8. Identify as early as possible and resolve conflicts between preservation of historic and cultural resources and alternative land uses. Over the almost 5 years that we have owned this wonderful property, we have sought ways to share it with others in our community. We have held several Royal High Teas, hosted chamber musicians, classical voice performers and an entire symphony orchestra, a magician and other types of entertainment to draw guests in for the purposes of raising funds for the community. Each time that we have opened this home to the community we are conscious of the fact that we are mere caretakers of the property until this property passes along to the next caretaker. We have taken very specific steps over the years to ensure that this property will always be used for the benefit of the community as a cultural and historical heritage. For purposes of this conditional use permit application, it is important to proactively addressed any and all possible impact to the surrounding neighbors and greater community by the following: Parking and traffic Flow concerns are addressed in "Exhibit A" with offsite parking, guests receiving instruction with their mailed invitation, posting of signs on the day i of events and the provision of courtesy shuttles. Our noise minimization plan is reflected in attachment "Exhibit B". Charitable events and the twenty-four (24) paid events will follow the same rules regarding the size of event allowed and the need to follow the parking and traffic flow plans. We have addressed the areas that could potentially negatively impact the community while making it possible for the community to enjoy the Cultural Resource District and the unique appeal and attraction of a historic residence like Wilcox Manor. i Michael Demoratz date Wilcox Manor J Lihdburgh McPherson date Wilcox Manor iljfi _l,i %01Z Wilcox Manor "Conditional Use Permit" Parking & Traffic Flow Plan IkIMMUNITY DEVELOPMENT DEF As with any large gathering of people, parking may be a primary concern for residents of a neighborhood. Alleviating the impact of parking and maintaining safe traffic flow is a primary concern for the Wilcox Manor as well. Wilcox Manor, through an agreement with ACCESS East County PAR has arranged for event parking to be off-site at a parking lot located @@ 621 West First Street, Tustin, CA 92780 (see attached photo of the parking lot location). The location isjust 3 short blocks from the event site. Most events are typically held during non -business hours on weekends from Friday to Sunday night. Guests of Wilcox Manor will be provided with 2 continuously running courtesy shuttle vans provided by a contracted agreement with PPS Parking & Transportation to transport them to and from the event. Approved parking stacked standards allow the parking lot to accommodate up to 100 vehicles, which adequately cover an event of up to 200 people. Guests of any event will be advised of this parking arrangement through their invitation to the event. Any Guests bypassing this parking location will be redirected back to the site by a large sign posted at the event site (see attached sign). Advising of the location of the lot, the courtesy shuttle and to be respectful of our neighbors and not park on the street. This parking arrangement will be put into place for any event held at Wilcox Manor. Charitable events will be treated the same as a wedding or similar event in this situation and be required to have this set-up in advance. The goal will be for our neighbors to have little knowledge or impact of an event held at Wilcox Manor beyond seeing a courtesy van dropping off and picking up guests. This plan will be continually monitored and adjusted to ensure and alleviate any impact to the residents of the community. "These arrangements can be confirmed by contacting: (Please also refer to the attached agreements) PPS Parking & Transportation, Inc. 1800 E. Gant' Ave. €t 107 Santa Ana, CA. 92705 Phone: (949) 223-8707 )ram a County Deoarttnent of Education ACCESS/East County PAR 621 West First Street Tustin, CA 92780 daneen Antonelli Phone: ( 714) 245-6680y+—: PrnVram Ad ninist mnr ACCESS/East Cuunly PAR ^M1inv' i71.b ttS.hARn R,Li... ,J Otrcc l71 \V. L� iinri n. iiU0314`89 Wilcox Manor is located in a Residential Neighborhood Parking for this event has been arranged for you 621 West First Street. (Comer of First and Yorba) A Courtesy Shuttle will transport you to Wilcox Manor. Please DO NOT park on the street. Thank You Directions Traveling from Los Angeles: (Do not use the Carpool lanes once in Orange County you'll miss your exit) Take 5 South. You will pass 710, 605, 91 & 57 Freeways. Exit First & Fourth St. (ifvou reach he 55 you've gone too tar) The exit actually becomes Mabury St, continue across over Fourth do not tum, till you reach First St, once there tum left. and proceed you will pass Tustin Ave, the next street is Myrtle Ave., DO NOT tum on Myrtle ,the parking lot is on the comer of First and Yorba( On your left just before Yorba). 621 West First Street. A Courtesy Shuttle will then transport you to Wilcox Manor which is only 2 short blocks away. Traveling from Pasadena area: Take 210 East to 57 South- do not use the carpool lane transition to the 5 South, you will miss your exit, take 5 South Exit at First & Fourth The exit actually becomes Mabury St, continue across over Fourth do not turn, till you reach First St, once there tum telt and . Proceed you will pass Tustin Ave, the next street is Myrtle Ave., DO NOT turn on Myrtle ,the parking lot is on the comer of First and Yorba( On your left just before Yorba). 621 West First Street. A Courtesy Shuttle will then transport you to Wilcox Manor which is only 2 short blocks away. Traveling from the Inland Empire: Take 91 west to 55 South, exit 41h & Irvine Blvd, turn left, cross over the 55, then turn right on Yorba Street, turn right on First Street the parking lot is on the comer of First and Yorba( On your right just after Yorba). 621 West First Street. A Courtesy Shuttle will then transport you to Wilcox Manor which is only 2 short blocks away. Traveling from South OC: Take 5 North, to 55 North, don't get on the 55 instead you must immediately exit at 4th & Irvine, turn right on Irvine Blvd, Turn right on Yorba, tum right on First Street the parking lot is on the comer of First and Yorba( On your right just after Yorba). 621 West First. Street. A Courtesy Shuttle will then transport you to Wilcox Manor which is only 2 short blocks away. 3 AQ 1n Q.. , t Parkiaghc. Lindburgh McPherson Wilcox Manner 310 South Pasadena Ave Tustin CA iUG 2:3 J.O1Z :CMMUNI rY OEVELOPMENT DEPT Re: Parking and Courtesy Shuttle Agreement with PPS Parking, Inc. Dear Lindburgh This Agreement pertains to all events held at Wilcox Manner. 8/20/2012 PPS Parking Inc. shall provide two parking lot attendants who will be stationed at the parking lot located at 700 west 1" street, Tustin, CA 92780. PPS Parking Inc shall also provide continuous shuttle service to and from Wilcox Manner & 700 West P` Street parking lot. Sincerely TauITa(is ka Paul Paliska Senior Vice President PPS Parking Inc. (949) 223-8710 Direct (714) 328-7935 Cell P.O. Box 16635 Irvine. CA. 92623 Tcle [9491223.8710 fax [9491223.8715 G -mail: PauIPPSOiaol.cnm ( Exhibit B: 'RECEIVED AUG 2 3 2012 ':CMMUNITY DEVELOPMENT DEPT Wilcox Manor "Conditional Use Permit" Noise Impact Minimization Plan An event at Wilcox Manor may have any of the following: amplified voice presentations, live musicians with vocalists and/or instrumentation, and DJ's playing recorded music. The location of Wilcox Manor is unique in that the rear property line is is the 55 Freeway CalTrans wall. Additionally, the building structures of Wilcox Manor provide a physical sound barrier to the front and the right side of the property. Additionally the freeway noise emanating from the freeway itself has a similar effect as white noise in the masking of other sounds. Based upon our measurements, it is important to also note that the freeway generally exceeds the noise standards below by 10-15 dB. The noise standard for residential areas of the City of Tustin is as follows:(taken directly from the Tustin Code of Ordinances) 1614- EXTERIOR NOISE ST.41NDARDS (a)The following noise standards, unless otherwise specifically indicated, shall apply to all property within a designated noise zone: EXTERIOR NOISE STANDARDS I> Noise Zone Noise Level Noise period I (residential areas) 155 dB(A) 17:00 a.m.-10:00 p.m. 50 dB(A) 17:00 a.m. 10:00 p.m. - 4620 - NOISE LEVEL MEASUREMENT CRITERIA Any noise level measurements made pursuant to the provisions of this Chapter shall be performed using a sound level meter as defined in Section 461 Z. The location selected for measuring exterior noise levels shall be at any point on the affected property. (Ord. No. 878, It will be the goal of any and all events held at Wilcox Manor to be within and or exceed the expectations of the communities published standards for noise. dB I0, a readily available application for iPhone and iPad, will be on hand at all times to ensure that the decibel limits are never exceeded. Therefore, any live, recorded music or voice amplification generated on the property will never begin prior to 11:00 AM and be discontinued by or before 10:00 PM on Friday, Saturday or Sunday Evenings. If, in the unlikely circumstance, an event is held during the time period of Monday to Thursday the Wilcox Manor standard will be to discontinue any creation of music and or voice amplification by 9:00 PM. 9 RECEIVED AUG 2 3 2012 Exhibit C I COMMUNITY DEVELOPMENT DEPT Charitable Benefits to the Cultural Resource District Tustin Community Foundation Volunteer of the Year Awards Luncheon Annual Event (4 years running) High Tea Tustin Area Historical Society Featured home 2009 Promenade High Tea Tustin Dollars for Scholars High Tea Wine Tasting at Wilcox Manor 2010 Magic at the Manor 2011 Tustin Area Council for Fine Arts Annual Gala - times 2 Cast party 2011 Tustin Preservation Conservancy High Tea 10 Community BBQ 2008 Orange County School of the Arts Featured Charity 2010 Wilcox Manor Holiday Party Britannia Concert and fundraiser to support the students trip to London Family Promise of Orange County First ever fundraiser Orange County Vital Link - First Annual Golden Link Awards Gala Arcadia Methodist Hospital Foundation Featured Charity Wilcox Manor Holiday Party 2009 Assistance League of Santa Ana High Tea Jack and Jill Guild Children's Hospital of Orange County 2011 Featured home for the annual holiday home tour South Coast Symphony Annual Gala Fundraiser Coalition for Compassionate Care of California Holiday Party and Fundraiser Spencer Hospice Foundation Chinese New Year Party and Fundraiser Dolores Mission School and Shelter Dancing under.the Stars fundraiser We conservatively estimate that since the first charity event was held in 2008, we have assisted in directly raising in excess of $350,000 for charity. If including the in-kind donations made of the venue, all rentals and labor costs that we have made you can assume approximately $3500/event or at minimum for the approximately 25 charitable events held add an additional $87,500. (Please note these are costs that typically are passed on to a charity in other settings) Live and Silent Auction item dinners for charity in the Crystal Dining Room @ Wilcox Manor - these are dinner for a maximum of 14 guests Approximately 30 have been completed over the last 4 years. Charities receive the entire proceeds of the auction. The cost of the 5-7 course meal, all wine and beverages, set-up, clean-up and labor are completely covered by Wilcox Manor. Average cost for these events is $600 or approximately $18,000. In addition to the charitable events we have hosted numerous personal parties for the sole enjoyment benefit of our community, drawing many more to the Cultural Resource District of the City of Tustin. We estimate that we have had more than 20,000 individuals in attendance over the years; these are often people who might never have come to this part of Orange County let alone the City of Tustin. Frequently, they are drawn here to be able to tour a historic home. By extension this has not only exposed them to the unique architectural features of this home, but of the heritage and cultural resources of the City of Tustin. rus,rIN 11 REc :1VED AUG 2 3 2012 COMMUNITY DEVELOPMENT DEPT 66 E'/ C'tl lGt� C'C�1 WI/Ion. MICHAEL DEMOR.ATZ 310 S. Pasadena Avenue On the occasion of your property being designated as an Outstanding Old Town Property Dated this T" day of April, 2009 J- I — III • v - 4=._ r%++'::.yF _. 7.-) - Cauncd Member iN Cannei! !t[ember TVP. ap 11.1 V:fa 1MC. .'I;l I'a.x "u;ai� l: found ca,y osv.n. usyv arty Arnacca .4r�or Ptv 'om .,.' C.bbrnn Gn.JO ❑hn nvymx . m Prinv 11 REc :1VED AUG 2 3 2012 COMMUNITY DEVELOPMENT DEPT 66 E'/ C'tl lGt� C'C�1 WI/Ion. MICHAEL DEMOR.ATZ 310 S. Pasadena Avenue On the occasion of your property being designated as an Outstanding Old Town Property Dated this T" day of April, 2009 J- I — III • v - 4=._ r%++'::.yF _. 7.-) - Cauncd Member iN Cannei! !t[ember K THE CITY OF TUSTIN and the RECEIVED AUG 2 3 m) COMMUNITY DEVELOPMENT DEPT TUSTIN COMMUNITY PRIDE COMMITTEE 2012 LANDSCAPE AWARD I The Wilcox Manor 310 South Pasadena Street 0 ' � ��1t � mak.. � �y1 ��`����� � �i. � t ! f. 1` r '�L a b ''� r' �.+ ti�"a T ��'+ 1 �� +� T h � Q b +j '� t g� � 1 F^ .. A !, F�'� d Q r'J t J� r it r r. �.. A �� �� , � ., -- p �.. , 4� . „ �.� . , � ,a , �r;�, �' '.� �f� �_ �, � � d� Ar ` 1 r_ + y x q r , � i` ��T :,:. i j M�.,a. ii� M � >` '� ' I a• ^ � ..a ` . a �. E , � .i�; "; , � ' '' ,� ., , � - a � t T �� � .p' ':, � ' ,�3; � E ,.f' i = ' , �- .' "' � r ��� � �t .:'�'1.'� � y r �� :, � , � �, � ��• — 1t� CE •. ,, - ,` r' T F � r* M 4 ( , ,i �', Y "'j r _ I" �Trx- f N"A --A.6 - 1. .I t:.,... ...ljjy. r, n .I t:.,... ...ljjy. r, T 4 Ilk 9 f' c t t _WeP- WIN Bowl" so ALI 41 no, on, [as Aim low all 'AM AVI A A W// 4ffis- 01, 1 T�4', so o�LLJ W ¢ ¢ Lu F a , /�� CC = H o� W Q O V J_ 'S Q W� LLA =x W W ccQ Z cr �j r rr,,-fit 1 CD .WJW 7d W a 0 CA W %' n f, r�i r s Yr« •yr>r 1 ,rY •� .�� 1 •�r`i �� �� � ILII I w it Aft -.4 Welcome to the Wilcox Manor, We hope you have enjoyed your time with us. You may have come once or a dozen times, we would like to share a little with you about the philanthropic work we have accomplished over the last 5 years. As you may know, this home was originally built circa 1880 as a small hotel and then relocated and converted to the primary residence of Charles Wheaton Wilcox and his family. We acquired this large property in November 2007 and began restoring the property for use as our primary residence. We knew the ample sized property would allow us to continue to entertain and enjoy the company of our friends and business colleagues for many years to come as well as allow us to continue the charitable work we had begun more than 10 years ago. In the early days of our homes restoration, others saw similar opportunities and we were approached by many local charities to host an event here and there and the rest as they say is history. The list below reflects many of the charities that have benefited from having their event at our home. Charities Benefiting from Wilcox Manor • Tustin Community Foundation (Volunteer of the Year Awards Luncheon Annual Event (4 years running) and the Annual High Tea) • Tustin Area Historical Society (Featured home 2009 Promenade and the Annual High Tea) • Tustin Dollars for Scholars (Wine Tasting at Wilcox Manor 2010 and Magic at the Manor 2011) • Tustin Area Council for Fine Arts (Annual Gala - times 3 and Broadway in the park Cast party 2011 and 2012) • Tustin Preservation Conservancy (High Tea) • Orange County School of the Arts (Featured Charity 2010 Wilcox Manor Holiday Party and Britannia Concert and fundraiser to support the students trip to London) • Make -a -Wish Orange County Chapter • Family Promise of Orange County (First ever Gala fundraiser) • Orange County Vital Link - First Annual Golden Link Awards Gala • Arcadia Methodist Hospital Foundation (Featured Charity Wilcox Manor Holiday Party 2009 and Annual Mardi Gras Committee appreciation luncheon) • Assistance League of Santa Ana (Annual High Tea) • Jack and Jill Guild Children's Hospital of Orange County (2011 Featured home for the annual holiday home tour) • South Coast Symphony (Annual Gala Fundraiser times 2) • Coalition for Compassionate Care of California (Holiday Party and Fundraiser) • Spencer Hospice Foundation -Chinese New Year Party and Fundraiser • Dolores Mission School and Shelter (Dancing under the Stars Fundraiser) • Just to name a few... We conservatively estimate that since the first charity event was held in 2008, we have assisted in directly raising an amount exceeding $350,000 for charity, many of which directly support City of Tustin groups and residents. When we host a charitable event at our home, we supply, the tables, chairs, linens, utensils, dishes, serving pieces etc. - except for the occasional canopy nothing is brought onto the property as we own these items. Disposable items are rarely tolerated by the standards we've set for our events. Arranging for these rentals at any other venue would incur significant cost to a charity. Charities arrange for their own catering and no food is prepared onsite - if alcohol is served the caterer generally has a license to serve alcohol, charities can arrange for a one -day license to serve alcohol. Bartenders are the caterers' responsibility to monitor alcohol intake and address any concerns that might arise. In addition to the charitable events held. We have offered at many of these events a "Live or Silent Auction item of an Elegant Dinner". These are dinners that have sold at auction for between $2,500 and $10,000. The dinner for 14 is held in the Crystal Dining Room @ Wilcox Manor and typically includes a 5 -7 -course meal, all wine and beverages, set-up, clean-up and direct labor costs. We have an average of 24 dinner parties of this nature per year at an average cost of $750. Over the years, many have thought that our costs are paid out of the proceeds of the auction. This is not true; we bear the total cost of the meal so that the charity receives 100% of the price paid at the auction of this dinner. We are in the process of obtaining a Conditional Use Permit or CUP to allow us to hold weddings and similar events and charge for them. These would be in addition to the charity events that we want to continue to provide at no cost to the charities. Many have acknowledged that there was no one complaining about the charity events - why don't we continue to do what we've been doing and just fly below the radar? Frankly, aside from the financial liability, there is a significant downside to doing it under the radar and that is not how we have operated since we came to this city. The truth is that holding charity events has been an expense that has been borne by us completely. In addition, has been wear and tear on our property and on us as well. Many people are not aware of the amount of labor that we personally put into this effort. We both have demanding day jobs so there is a limit to what we can accomplish solely with our own labor. We cannot work at this pace forever, yet our desire is to continue to be a resource to the community that we serve and share this great property with others. Hosting and charging for weddings will allow us to hire staff to perform many of the activities that we now do on our own. At the same time, it will allow us to continue offering the property to charities at very little cost which maximizes the proceeds from an event they hold at the manor. We are not in a position to do this level of charitable work indefinitely, the risks associated and the wear and tear on us physically can only be mitigated by the following: 1.) An income stream from the property to offset the every increasing financial and physical costs and 2.) Having all of the proper permits in place to assure the City of Tustin we are good stewards of the property and allows us to function with appropriate safeguards to address any present and future concerns of the community. The hearing to determine whether we will be granted a conditional use for the property is going to be held on August 20, 2013 @ 7:00 PM. We are asking for the ability to provide a total of 36 events per year. We have presented an application that addresses fully the concerns that the City of Tustin has requested. One of the components of the application addresses the goals of the cultural overlay district (Please see attached Exhibit A) where the property Wilcox Manor is located. We believe that by sharing the property as we have done for so many years we have met the spirit of the cultural overlay district more so than any other property owners in the City of Tustin. More than 20,000 visitors have come to charitable events held on our property - many from parts of Southern California that did not even know of the existence of the city of Tustin, let alone this beautiful home that we have the pleasure in sharing. Once the CUP is approved we will have a period of time to complete modifications to the property (adding a handicap accessible bathroom) and have the parking plan approved. The bottom line for anyone concerned is as follows: there will be NO street parking for our events - guests will be shuttled by van from an offsite parking lot as you all have today. 99% of the neighbors directly impacted by our property are in full support of our efforts because they believe in the philanthropic work that we have undertaken and like us would like to see these efforts continue. Should you have any questions or require additional information, please do not hesitate to contact either of us. We hope that we can count on your support August 20ei at the hearing. If you cannot attend this hearing and would like to provide a letter of support that will be included please send it to us directly. Warmest Personal Regards Michael Demoratz 949-355-6000 mdemoratzftgmail.com Lindburgh McPherson 626-422-5820 Iindmcl(@yahoo.com Support Letter Exhibit A The following should assist you with an understanding of the goals of the Cultural Resource District which governs properties like Wilcox Manor and sets standards for their potential conditional use. 9252 - CULTURAL RESOURCE DISTRICT (CR) a. Purpose Tustin has played a vital role in the history of Orange County and has retained a rich and unique cultural heritage. It is hereby declared as a matter of public policy that the recognition, preservation, protection and use of culturally significant structures, natural features, sites and neighborhoods within the City of Tustin is required in the interest of the health, safety, prosperity, social and cultural enrichment and general welfare of City residents. The purpose of Cultural Resource District is to: 1. Safeguard the heritage of the City by preserving neighborhoods, structures, sites and features which reflect elements of the City's cultural, architectural, artistic, aesthetic, political, social, natural and engineering heritage. 2. Encourage public knowledge, understanding and appreciation of the City's past. 3. Strengthen civic and neighborhood pride and a sense of identity based on the recognition and use of cultural resources 4. Promote the private and public enjoyment, use and preservation of culturally significant neighborhoods, structures and sites appropriate for the education and recreation of the citizens of Tustin and visitors to the City. S. Enhance the visual and aesthetic character, diversity of architectural styles and aesthetic appeal of the City. 6. Enhance property values and increase economic and financial benefits to the City and its inhabitants. 7. Assure that new construction and subdivision of lots in the Cultural Resource District are compatible with the character of the district. 8. Identify as early as possible and resolve conflicts between preservation of historic and cultural resources and alternative land uses. We are seeking approval for a conditional use permit for our Historic Home to allow us to hold celebratory events like weddings, birthday parties and similar events and be able to charge for them. We are seeking permission to hold no more than a maximum of thirty-six (36) paid events per year. We would like to provide you some background on the property in question and respond in advance to some concerns that are typically associated with an application for conditional use in a Cultural Resource District such as old Town Tustin. We purchased this home in November 2007, it was the top of the real estate market and prices were beginning to depress. The previous owner had passed away in 2005 and it was deteriorating into disrepair. We viewed it as a diamond in the rough and knew fully what we were going to have to do with the property to make it our own. Still we were given a shock on the day escrow closed that we were advised that our homeowner's insurance policy would not insure us unless we committed to upgrading the electrical panel and rewired the entire property within 30 days. This required completely refinishing every surface in the interior of the property. The landscaping was virtually non-existent except for dead grass and weeds covering the entire property. Non-functioning irrigation systems had to be repaired and replaced. There were several historic trees on the property suffering from lack of water including 2 approximately 150 year old Fuerte' Avocado trees that were near death since rainwater was the only water the property received for many years All major systems needed to be replaced - the plumbing was installed in 1920. The gravity heating system was original to the home and had two temperatures "on sweltering Hot or off freezing cold". We know clearly why the property remained vacant for as long as it did. We performed the overwhelming majority of the physical labor -utilizing professionals for the technical expertise We feel however, the end result essentially speaks for itself, it has been a labor of love that we freely share with our neighbors and community since it is one way that we can fully appreciate what we have accomplished. 1. Safeguard the heritage of the City by preserving neighborhoods, structures, sites and features which reflect elements of the City's cultural, architectural, artistic, aesthetic, political, social, natural and engineering heritage. In May 2009, with the majority of the work complete, we allowed the house its first showing to the community. We participated in as one of the featured homes on the Tustin Historical Society's Promenade of Homes approximately 750 people toured the home that day. 2.Encourage public knowledge, understanding and appreciation of the City's past. Many residents of the City of Tustin, had never seen the inside of this home, let alone knew of its very existence. Its location on the portion of Pasadena Avenue that is uniquely a double cul-de-sac makes it hard to find unless you know where you are going. We fully recognize that along with a home of this importance comes an immense responsibility to safeguard and preserve a home like this for the cultural and architectural heritage of the City of Tustin. Following this event, we invited many of our new found friends and those who appreciate this home's past to become docents for our home. There are approximately 20 individuals who make- up the Wilcox Manor Docent Guild, each having been trained on the nuances of the historic nature of the home, its contents and the grounds, they take turns telling the story of the home to our guests at charitable events. Impact Statement If each of the 36 events are held with 150 guests - the Cultural Resource District would have annual additional exposure to 5400 unique individuals who might otherwise never experience The City of Tustin's rich history. unique architectural styles and cultural heritage Many once experiencing the Citv of Tustin may return to shop or dine in one of the many restaurants. 3. Strengthen civic and neighborhood pride and a sense of identity based on the recognition and use of cultural resources. We have hosted and fully funded numerous charitable events for many of the City's charitable organizations with a specific focus of strengthening civic and neighborhood pride and instilling a sense of identity based on the recognition and use of our cultural resources. We believe this has encouraged the general public's knowledge, understanding and appreciation of our City's historic past and appreciation of the cultural resource that Wilcox manor has become. In the nearly 6 years that we have owned this property, approximately 20,000 people have come to tour its fully restored interiors and walked the constantly evolving landscaped gardens. Impact Statement The City of Tustin is in the unique position of being nestled among 3 larger surrounding cities: Santa Ana. Irvine and Orange all of which tend to dominate the landscape when people are describing Tustin and this part of Orange County - we are often described as a footnote reference to the much larger area. Many in the surrounding counties are frequently unfamiliar with the charm and historical beuaty of our city. Weddings and other similar celebratory events will bring happy people together in a beautiful setting which will color their experience of coming to the City of Tustin Thousands of people will now have the City of Tustin on their mental map. 4.Promote the private and public enjoyment, use and preservation of culturally significant neighborhoods, structures and sites appropriate for the education and recreation of the citizens of Tustin and visitors to the City. Of the two of us, Lindburgh McPherson has been more involved as a board member in numerous organizations in the City of Tustin than 1, including the Tustin Area Historical Society, Tustin Preservation Conservancy, Tustin Council for Fine Arts, Tustin Community Foundation and now the Tustin Area Chamber of Commerce, and has become intimately involved in the promotion of the cultural heritage of our community. We have worked tirelessly not only to promote our home for private and public enjoyment, but we believe we have are inspiring and encouraging others to follow our example to use and preserve culturally significant homes in City for the ongoing education and recreation of the citizens of Tustin and visitors to the City. We know that many visitors might never have come to Tustin, let alone Wilcox Manor because of our professions and work in other parts of California. We have had many visitors from outside of California at least a dozen countries as well. Impact Statement Visitors to a city impact a city on many levels financially being the most important in these difficult times by spending money for their event all of the ancillary services engaged - florists caterers, photographers are mostly small business owners in the community of the City of Tustin. The time that visitors spend in the city can also impact restaurants and hotels when guests come in from out of town. Each event has the potential of rippling outward $15-25.000.00 of revenue that is spent in the city on related goods and services. 5. Enhance the visual and aesthetic character, diversity of architectural styles and aesthetic appeal of the City. Owning a historic residence under Mills Act Contract requires on-going renovation and restoration to continue enhancing the visual and aesthetic character. As we do this we know that we are supporting the diversity of Wilcox Manor's architectural style and the aesthetic appeal of the City of Tustin. 7. Assure that new construction and subdivision of lots in the Cultural Resource District are compatible with the character of the district. Ever mindful of the responsibility, we added a two -car garage as new construction in 2009. We worked with our architect to match the garage design to that of the house. This was done so effectively that most people are unaware that it is new construction. As we reside in a historic home, we have worked closely with the City of Tustin to resolve the lack of permits from previous owners and address safety and code violations of this home for the long term by bringing structures up to code and participating in the Mills Act program thus strengthening the ties to this City's cultural and architectural heritage and increasing the value of the property as well. 6. Enhance property values and increase economic and financial benefits to the City and its inhabitants. The real estate market literally crashed the month following the purchase of this home, making it more of a challenge and financial risk to us as we have invested hundreds of thousands of dollars into the restoration and upkeep of Wilcox Manor. Thankfully, we are aware from recent appraisal data that we have greatly enhanced this property's value and feel strongly that this has impacted our neighbors' home values as well. We believe this is far-reaching and the potential economic and financial benefit translates to the greater City of Tustin and its inhabitants. Our philanthropic activities predate ownership of this property by many years. So we are not new to the importance of sharing what one has to benefit others. From the start, we have shared our home as a location for charities to benefit by hosting an event or fundraiser. We know that it is very costly to put on an event in a hotel or other similar venue. The cost of a unique venue is really just one aspect; we always include tables, chairs, linens, table and glassware as well as all of the serving stations. We know that on average this has saved each organization from $3-5000. By including all of the rental items it has enabled them to maximize the funds they raise. Our goal of having a conditional use permit approved for Wilcox Manor is to allow us to continue our philanthropic activities at the same time allow us to charge for groups wishing to hold a wedding, birthday party, corporate event at Wilcox Manor. We are seeking approval of this conditional use permit to allow us the ability to hold 36 paid events per year. These will consist of weddings or similar celebratory events. This conditional use permit is not seeking permission for food preparation or for us to be licensed to serve alcoholic beverages. Any groups will engage and pay separately for caterers with proper licenses and approved offsite -cooking facilities directly. For the comfort and enjoyment of our guests the maximum guest accommodation is 200 persons with out a dance floor or 150 persons with a dance floor. We currently have plans in the queue for approval to allow us to increase the number and type of restroom facilities on the property to accommodate both the volume as well as anyone attending who may have special needs. Impact Statement: Wilcox Manor holding 24 weddings or similar events per year has the potential of impacting this community financially on the low end - $15,000 /event to $30,000.00 on the high end. Spending is of course variable for weddings, but most will use a local caterer. florists. DI /Musicians, photographers, lodging for out of town guests in the 2 new hotels here in Tustin restaurants for out of town guests staying the weekend and much more. Annually - this has the additional revenue to charitable fundraising to total annually from $100- 150.000.00. 8. Identify as early as possible and resolve conflicts between preservation of historic and cultural resources and alternative land uses. Over the almost 5 years that we have owned this wonderful property, we have sought ways to share it with others in our community. We have held several Royal High Teas, hosted chamber musicians, classical voice performers and an entire symphony orchestra, a magician and other types of entertainment to draw guests in for the purposes of raising funds for the community. Each time that we have opened this home to the community we are conscious of the fact that we are mere caretakers of the property until this property passes along to the next caretaker. We have taken very specific steps over the years to ensure that this property will always be used for the benefit of the community as a cultural and historical heritage. For purposes of this conditional use permit application, it is important to proactively addressed any and all possible impact to the surrounding neighbors and greater community by the following: Parking and traffic flow concerns are addressed in accordance with policy of the City of Tustin with offsite parking, guests receiving instruction with their mailed invitation, posting of signs on the day of events and the provision of courtesy shuttles. Our noise minimization plan is reflected in a plan submitted to the city. Charitable events and the thirty-six (36) paid events will follow the same rules regarding the size of event allowed and the need to follow the parking and traffic flow plans. We have addressed the areas that could potentially negatively impact the community while making it possible for the community to enjoy the Cultural Resource District and the unique appeal and attraction of a historic residence like Wilcox Manor. ATTACHMENT E LETTERS AND CORRESPONDENCE Index of Letters and Correspondence CUP 2012-10 Date Erin Nielsen (Tustin Community Foundation) i 08-23-12 Letter of Ruth Q. Harrell al Link 08-23-12 Letter of Barry Silverman (South Coast S mphon) 08-23-12 Letter of Jonathan Stone (Tustin Chamber of Commerce) 08-23-12 Letter of Area ma dis la 'in nei hbor su ort letters received 08-23-12 Corres c Buster &Margaret Graves (255 S. Pasadena Ave.) 08-23-12 Letter of Rob &April Thom son (315 S. Pasadena Ave. 08-23-12 Letter of Ana Carillo (325 S: Pasadena Ave.) 08-23-12 Letter of Louise &Haines Waite 08-23-12 Letter of Donna Marsh Pee 08-23-12 Letter of su Linda Jenninas na_�Wo- 1=,� r,W,..,,..,, Afton Lane) 10-08-12 Letter itA Letter of 415 W. Main) 11-05-12 Letter of 85 S. Myrtle) 11-06-12 Letter of 15 W. Main) 11-06-12 Letter Scot Lewis (Lewis Construction Company) 07-29-13 Letter of Melissa 08-05-13 Nielsen(Tustin Community Foundation) 08-14-13 Area ,, _ Historicai • :11ear 4 � �"/�� N�iv�8� '''I qY P.O. Box 185 Tustin, California 93781 Phone (714) 7315701 tusUnmuseum®atLnet August 14, 2012 To Whom It May Concern: Tustin Area Museum 395 El Camino Real Tustin, California 92780 www.tustinhistorycom RECEIVED AUG 2 3 7.012 COMMUNrrY DEVELOPMENT DEPT I am writing this letter to specifically address the application for a "Conditional Use Permit" of the property located at 310 South Pasadena Avenue, Tustin, now commonly known as Wilcox Manor. As the President of the Tustin Area Historical Society, I believe that our organization is in a unique position to address the merits of such an application. I am intimately familiar with the property, having known the owners, attended numerous charitable events and witnessed the painstaking restoration of this historic property almost from the beginning. The home, prior to Lindburgh McPherson and Michael Demoratz' purchase in 2007, had fallen into disrepair. The landscaping was non-existent, the historic trees nearly dead, the property needed every major system upgraded and or replaced. The fact that it languished on the real estate market for nearly two years is testimony to the fact that anyone purchasing it would have had to invest significantly to make the property livable and safe. In May of 2009, the initial phase of work complete, the house had its debut to the City of Tustin as one of the featured homes on the Tustin Historical Society's Promenade of Homes. Many of the residents of the City of Tustin had never seen the inside of this home, let alone knew of its very existence. Its location on a double cul-de-sac makes it hard to find or stumble upon. As a Historical Society we were thrilled to have a new jewel in the City of Tustin's historic district crown. These gentlemen have recognized the importance of safeguarding and preserving a home of this caliber for the cultural and architectural heritage of the City of Tustin. We recognize their contributions didn't end there — they have hosted and fully funded numerous charitable events for most of our city's charitable organizations, thereby strengthening civic and neighborhood pride and a sense of identity based on the recognition and use of our cultural resources. This has encouraged the general public's knowledge, understanding and appreciation of our city's past. In the nearly 5 years that they have owned this property thousands of people have come to tour its beautifully restored interiors and meticulously landscaped gardens. As members of the Tustin Area Historical Society, they have worked diligently not only to promote their home for private and public enjoyment, but inspired and encouraged many other homeowners to follow their lead to use and preserve culturally significant homes in the city for the ongoing education and recreation of the citizens of Tustin and visitors to the city. Visitors who might never have come to Tustin, let alone Wilcox Manor, have done so because Lindburgh and Michael's reach is far beyond the confines of the City of Tustin. Many events have drawn people from all of the surrounding counties in Southern California. By their painstaking and on-going renovation and restoration they continue to enhance the visual and aesthetic character and diversity of the architectural style of Wilcox Manor and thereby the aesthetic appeal of the City of Tustin. Several years ago they added new construction to the property with a two -car garage. They matched the design so closely that most people sense it too has always been a part of the property. Ever mindful of the fact that they reside in a historic home they worked closely with the City to resolve the lack of permits from previous owners and addressed the safety of this home for the long term by bringing structures up to code and participating in the Mills Act program, thereby strengthening the ties to this city's cultural and architectural heritage. In these tough economic times, real estate has been one severely affected segment of our economy. It is clear to anyone who has been to Wilcox Manor that they have enhanced their property's value and most likely that of their neighbors, thereby increasing the potential economic and financial benefit to the city and its inhabitants. We understand their neighbors are in full support of their Conditional Use Permit request Charitable organizations have also been affected by these financial difficulties. Our organization has been fortunate enough to hold more than one fundraiser at Wilcox Manor over the years. They have been extremely generous in donating the use of their residence for our events. In addition to the venue, they have included tables, chairs, linens, fine tableware, glassware and all of the serving stations as part of the use of the property. This has saved our organization thousands of dollars in additional rental costs and enabled us to maximize the efforts of our volunteers and guests in support of our mission thereby increasing the funds we could net from our events. We know that this has been done at a significant cost to the two gentlemen who own this property. We hope that the approval of this Conditional Use Permit will enable them to offset some of the costs of donating the use to charities like ours. Lindburgh McPherson and Michael Demoratz, the owners of Wilcox Manor, continually demonstrate their commitment to organizations like ours and many others in this community. We fully endorse and support their application for a Conditional Use Permit and trust they will continue to be responsible stewards of this property and continue to enhance the surrounding community at large. AeSincerely, � � ) �L" eb4 t-/ Gretchen Whisler President, Tustin Area Historical Society TAHS Board Members present at their meeting of August 13, when this item was presented, requested their names be listed as being individually as well as collectively in support: Pete Beatty Sindi Corwin Gary Siegel Erma Zwimer A.J. "Tony" Coco Wendy Greene David B. Smith Al Corfield Margaret Pottenger Gretchen Whisler Let's rookafter one another! Executive Board Archie Dove AYwdeM Region Manager mcam K Gene MICCo OWFin ,l offlw P,.e w Tu Common](,Bwk Scot Proud RMeWyrq Meneper Fertnen b MercNq 8enk Kay Kearney ✓c ,-mwe t.cv n, Pre w Kb K PakAffe Paul Irby FentPoesMne Nmrney M Lrw @card Members Patricia Buttress Regkm Menetpr EMon. kMnetlm.l Mary Lynn Coffee R.rm« koeaerrwn, LLP Susan Dobak Canmurty Leede Scott Jordan ChM d Poke Cly of Twin Steve Kozak DhctadFWe bIS merge COW y MK 0.1 WKer OMnm Maria Lazaruk CanOR & I er nep Kin Lesson Can my Leader Lindburgh McPherson Ca nky L.e F. Edward Reynolds Paelden! Th. ReyrWe Gr immunity Pdvisoiy Council ranberry Aeerien Mage KeeeW WM aaeMner Jon la,Erea R" Bem.wk, Aglce peazer S.errfe smrt " iffl u h Debora bnMy 9eme. Lodolo Loi Br E Moue Smen arwhp CkMy Moen AY ChM Shun Wk S.nan ch"n Jemn Pekner, Jr Aawrer Cwmon ShM Anne ReFi $mannan D'Arcy Joal Rbnom WFomw MLIge RedmAd W"Ckeene Nancy Ryon MMM Hal Sh" Seklrn b Abre Hewn sor YSolomon Mrpple H P- Chrnew Urlbe Pe.r HOW Che Wsgpo wne Jaw. f3lekfen Wriw UWyVye wireCmor Ern Nielsen 46a ousum of the Turtin Canmuntty Tinordatm a to pmmots and adion philanthropy rn the greats Tustin area, By partnering wild its donors, TCF sapporfs non profit organizations and pugCc institutions that tfiethye addnss community mads. RECEIVED AUG 2 3 2012 August 9, 2012 COMMUNnY DEVELOPMENT DEPT To whom It may concern: Lindburgh McPherson and Michael Demoratz have greatly enhanced the fabric of our community in the short time they have been residents and their support for a wide variety of community nonprofits has impacted many lives throughout greater Tustin. The Tustin Community Foundation fully supports Wilcox Manor obtaining a "Conditional Use Permit" to hold weddings and events at this historical property in Old Town Tustin. The Tustin Community Foundation's mission is to enhance and promote philanthropy in the greater Tustin area and Wilcox Manor has certainly aided our efforts, at a significant cost to the two gentlemen who own the property. Communities benefit from nonprofits because the services they provide help individuals, families and the communtties In general address local needs and problems. Nonprofits strengthen neighborhoods and build unity. Thus, no one can deny that Wilcox Manor has had a positive Impact on Old Town, the City of Tustin and the greater Tustin area. It's not just about fundraising .... Wilcox Manor has been the venue for our Community Volunteer Recognition Luncheon - now called "Superheroes of Tustin" - since it's inception in 2009. This event is not a fundraiser as the Foundation tries to keep ticket prices as low as possible to encourage attendance as individuals in our community who, like the owners of Wilcox Manor, selflessly give to others, are recognized. The luncheon is the best opportunity for organizations, schools and community leaders to network and build relationships to collaborate. Besides not charging a venue, rental fee, use of Wilcox Manor includes tables, chairs, linens, fine tableware, glassware and all of the serving supplies as part of the use of the property, saving nonprofits thousands of dollars. This enables the Foundation to break even on this luncheon. Bottom line ... This Important annual event would not be possible without the generosity of Wilcox Manor. Attached please find a list of Tustin nonprofits and schools that have attended this luncheon and thus supported the use of Wilcox Manor as a venue. We have had the opportunity to get to know most neighbors and we know that they are in full support of the gentlemen moving forward with the ,CUP for this property because they have witnessed the thoughtfulness the owners have had for the impact on their street. We took their support into consideration to make our decision and feel you should, too, as it speaks volumes. Everyone involved with the Tustin Community Foundation fully supports the Wilcox Manor CUP application and know that they will continue to be responsible stewards of the property and an important reason that Tustin is such a wonderful place to live, work, volunteer and play, The Board of Directors of the Tustin Community Foundation encourages you to look at their value to our community and approve their application. Sincerely, Enn Nisar Executive Director The following 90 nonprofit organizations and schools have attended, supported and benefited from the Community Volunteer Recognition Luncheon at Wilcox Manor: Aldersgate Methodist Church American Association of University Women Angel Food Assistance League Santa Ana Assistance League Tustin Beckman High School Beckman High School - Students Against Destructive Decisions (SADD) Big Brothers Big Sisters Blind Children's Learning Center Boy Scout Troop 243 Boy Scouts 33 Boys and Girls Club of Tustin Central Orange County Area Panhellenic Community SeniorSery Composer Countdown Congregation B'nai Israel Council on Aging Currie Middle School Divine Choices Families Forward Foothill Communities Association Foothill High School - Students Against Destructive Decisions (SADD) Foothill High School Instrumental Music Program Foothill High School Lacrosse Booster Club Friends of Read Orange County Friends of the Tustin Library Greater OC Youth Services Helen Estock Elementary School PTA High Hopes Human Options Joyful Foundation Knights of Pythias LEAP Learning Center Make a Wish of Orange County Mercy House Miss Tustin Scholarship Program Mission Hope Covenant Church Moment Christian Church North Tustin National Charity League (NCL) OneOC, formerly the Volunteer Center of OC Orange County High School of the Arts Orange County Rescue Mission Partners in Parks with the Tustin Parks & Recreation Department Peters Canyon Elementary School PTA Pioneer Middle School PTA Red Hill Lutheran Church & School Single Moms Ministry Soroptimist International of Santa Ana - Tustin St. Paul's Episcopal Church Sunday Suppers The Hanger at Tustin The New Jerusalem Foundation The Red Cross of Orange County The River Church of OC The Wooden Floor, formerly St. Joseph's Ballet Town & Country Philharmonic Tustin American Legion Post 227 Tustin Aquatics Tustin Area Council for Fine Arts (TACFA) Tustin Area Historical Society Tustin Area Man/Woman of the Year Tustin Area Republican Women Federated Tustin Area Senior Center Tustin Area Womans Club (TAWC) Tustin Chamber of Commerce Tustin Community Foundation Tustin Dollars for Scholars Tustin Family & Youth Center Tustin High Educational Foundation Tustin High School Tustin High School - Students Against Destructive Decisions (SADD) Tustin High School Cheer Booster Club Tustin High School Dance Team Booster Club Tustin High School Instrumental Music Organization Tustin High School Model United Nations Tustin High School Soccer Booster Club Tustin High School Super Boosters Tustin High School Volleyball Team Booster Club Tustin High School Wrestling Team Booster Club Tustin Host Lions Club Tustin Police Explorers Tustin PONY Baseball Tustin Presbyterian Church Tustin Preservation Conservancy Tustin Pride Committee Tustin Public Schools Foundation Tustin Santa Ana Rotary VIP - Volunteers in Policing (Tustin Police Department Volunteers) Voices of Tustin Women Helping Women Let's lookVierone anot(itr! Gene Miro cAwFawx*toftw Pre0ft rues C^aMLW*Y awa Scot Prod FMo�aoli Kelamey VkV P WWW. rrwW K b K Pebk Affsh PaW Irby Pitopmd" Ammly w Lar Board Members Patricia Bu tress Rem Mo apo EMaL hrrrbrl Mary Lynn Case Naumwt LLP Susan Dobsk Caa.rwtt L Scott Jordan al.ratPoke Upy of Tum Store Kozak oh%w a Fire. &G onrae c.,.+y MxtbY www Dlnrbr Marla Lazauk Camr+y RwyaL Morpw C R i R NmpperG Kim Leeson LMdburgh McPrown Con Ar Leaner F. Edward Reyndda PFUMM Tiro Reyrrld, dao Community AdNsory coned Qnberh'AbWWO Mop. Ke.erb Lea xearwokw Jon Khtn/ Rxtl axr■rh Ako V ebw srrar aa4.11 A Loch Daeor. &.. , eibM Lama Lad amw Erh Maar. S,l &om*lg array Mawr Jilt am shwa,i sen6s cuaap Ao P.hrr, Jr. JorYr Cow.xr snlrywrr Rah suwerlh U'Arq Jas roron WF~ M.rpe Romwe w.nay &� Nwcy Ry1n K%tW HMsiren seld m Jwrr liwvw =sobrmn Ub9*HW ci.rxr urbe Pax Hotter crr wepww kxrJoriw GrakhmW Ww Executive Direcmr Edn Nleiaen 7be mission of am Tustin Commumey fowdatim o to pmmou aad adammt pld&ndaopy in the grtater Tustin arta. By parnumg udrh as danor+ ?L`F supports non-pnf% orgamratio- and p Wx mrtilubm that e fsntvdy ad&= memurrity needo. August 20, 2012 To whom it may concern: RECEIVED AUG 2 3 2012 COMMUNITY DEVELOPMENT DEPT I am writing this letter in support of Wilcox Manor obtaining a "Conditional use pctmif' to hold weddings and other similar events at this historical property in Old Town Tustin. The Tustin Community Foundation directs charitable funds to the real and immediate needs and interests of our Tustin community. Since the reorganization of TCF in 2008, the Foundation has awarded over $150,000 to community -wide programs and local non-profit organizations. Our organization has been fortunate enough to hold more than one fundraiser at Wilcox Manor. They have been extremely generous in donating the use of their residence for our events. In addition to the venue, they have included, tables, chairs, linens, fine tableware, glassware and all of the serving stations as part of the use of the property. This has saved our organization thousands of dollars in additional rental costs and enabled us to maximize the efforts of our volunteers and guests in support of our mission thereby increasing the funds we could net from our event We know that this has been done at a significant cost to the two gentlemen who own this property. We hope that the approval of this conditional use permit will enable them to offset some of the costs of donating the use to charities like ours. Lindburgh McPherson and Michael Demoratz, the owners of Wilcox Manor continue to demonstrate their commitment to organizations like ours and others in the community. We have had the opportunity to meet many of the neighbors who have attended some of our events and know that they are in full support of the gentlemen moving forward with the conditional use permit for their property. We fully endorse and supports their application and trust they will continue to be responsible stewards of the property and the surrounding community at large. Dove, President Community Foundation C D vi ral L i ffnk August 14, 2012 To whom it may concern: RECEIVED AUG 2 3 2012 COMMUNITY DEVELOPMENT DEPT I am writing this letter in support of Wilcox Manor obtaining a "Conditional Use Permit" (CUP) to hold weddings and other similar events at this historical property in Old Town Tustin. The mission of our non-profit is to be the link between business and education to prepare students for the successful transition to a meaningful career and help them explore, discover, and connect to their future career. Our vision is that all students will graduate with an understanding of their career potential and through interactive programs expand their resources to select their future career. Vital Link has been fortunate enough to hold our Golden Link Gala and Career Educator Breakfast at Wilcox Manor. Lindburgh and Michael have been extremely generous in donating not only the use of their residence, they have also included, tables, chairs, linens, fine tableware, glassware and all of the serving stations as part of the use of the property, not to mention their personal time and effort in making our events successful. We were able to save thousands of dollars in additional rental costs and thereby maximize the efforts of our volunteers and guests in support of our mission. This allowed us to increase the funds we could net from our event. It is clear that this has been done at a significant personal cost to the owners of this property. We hope that the approval of this conditional use permit will enable them to offset some of the costs of donating the use to charities like ours. Lindburgh McPherson and Michael Demoratz, the owners of Wilcox Manor continue to demonstrate their commitment and generosity to our organizations and others in the community. We fully endorse and support their application and trust they will continue to be responsible stewards of the property and the surrounding community at large. Sincerely, Ruth Q. Harrell Development Director P.O. Box 12064 Costa Mesa, CA 92627 (949) 646-2520 www vitalfnkoc on, August 18, 2012 To Whom It May Concern: ®range Couniy RECEIVED AUG 2 3 2912 COMMUNITY DEVELOPMENT DEPT I am writing this letter in support of Wilcox Manor obtaining a "Conditional Use Permit" to hold weddings and other similar events at this historical property in Old Town Tustin. I am the President of Family Promise of Orange County. We provide temporary shelter to homeless families through a network of inter -faith congregations. Since opening in February of this year, we have "graduated" several families to sustainable housing of their own, meeting our goal of graduating each family in less than sixty days. Because of Family Promise, the lives of children and families have been improved. We depend solely on donations to operate so we are very careful with our expenses. Our main fundraiser of the year was held on July 28, 2012 at the Wilcox Manor. The owners of the house generously donated the use of their facility for free. Use of a property of that size and quality would easily have cost a few thousand dollars if we had rented a location. The owners of Wilcox Manor also donated the use of tables, chairs, tablecloths, fine tableware, glass ware, hurricane lamps for table decorations, serving stations and serving utensils for the buffet line, microphone system, and advertiser board stands among other items I am probably forgetting to mention. These items would have been very costly to rent. They also met with us beforehand and spent several hours giving us advice in planning the event. Unbelievably, after donating all of the above for free, the hosts donated two dinners for twelve in the dining room of their historic house as part of our live auction. The generosity of Lindbergh McPherson and Michael Demoratz, the owners of Wilcox Manor, enabled Family Promise to have a very successful fundraiser with almost all funds raised going directly to helping homeless families. I do not know of anyone else who would have been so generous. While we paid the cost to clean the tablecloths, we know that that simple payment did not make the owners "whole." Mr. McPherson and Mr. Demoratz were up early the next morning after our event helping us with the incredible work involved in taking down tables and cleaning up after an event for one hundred fifty people. An event for that number caused wear and tear at their property, unavoidable breakage of items, and other cleaning expenses and costs that they absorbed. We hope that the Conditional Use Permit will help them to offset some of their costs of donating the use of their house to charities like ours. Mr. McPherson and Mr. Demoratz are making a positive difference in the community through their tireless efforts to support worthy causes, something even more important in recent years when donations to charities are down. Family Promise fully endorses and supports Wilcox Manor's application. We know that due to their passion for helping others, they will continue to be responsible stewards of the property and the surrounding community at large. If you have any questions or would like to see pictures of our successful event, please call me. W&A9� - Melody Mosley President, Family Promise 714 329-4989 `ISOUTH COAST SYMPHONY MM Silverman Music Director& Conductor August 15, 2012 To Whom It May Concern: RECEIVE") AUG 2 3 2012 COMMUNITY DEVELOPMENT LidpT This letter is in support of the Wilcox Manor in Tustin. I am aware that they are applying for a "Condiional Use Permit" to allow them to hold weddings along with other like events at this historical site in Old Town. Founded in 1996, The South Coast Symphony is a resident orchestra for Orange County. The 70 member Symphony's mission is to provide Orange County's diverse communities with a professional, accessible and affordable symphonic musical experience. The Symphony's eclectic programming is designed to entertain and educate while also attracting a whole new generation of patrons. The Symphony performs a wide variety of orchestral literature from the Classics and Opera to Light Classics, Broadway and Pops. The Symphony's subscription series venue is at Crossline Church in Laguna Hills. The Symphony will be holding its second Gala this year at the Wilcox Manor to support our educational outreach programs, Konceris for Kids. It is only possible through the generosity of Lindburgh McPherson and Michael Demoratz. They have been most generous in donating the use of the Manor, along with tables, chairs, silverware, glasses, bar equipment, serving stations, dance floor, and the list goes on and on! This has saved us thousands of dollars in expenses making our event possible and profitable. We know that this has been done at a considerable expense to the owners of the Manor. With the approval of the "Conditional use Permit," the Manor will be able to offset some of the costs that allow Michael and Lindburgh to offer the Manor to non -profits such as ourselves. The Symphony strongly encourages the acceptance of their application. Most sincerely, ?l/t/Lt� 5 l44m +" Barry Silverman, CED and Music Director SOUTH COAST SYMPHONY A non-profit public benefit corporation 13642 Winthrope Street 714-731-8079 Phone Santa Ana, CA. 92705 714-731-8079 Fax www.southcoastsymphony.org The South Coast Symphony is a member of the League of American Symphony Orchestras ♦ Association of California Symphony Orchestras ♦ ARTS Orange County August 14, 2012 To whom it may concern: RECEIVED AUG 2 3 2012 COMMUNnY DEVELOPMENT DEPT I am writing this letter in support of Wilcox Manor obtaining a "Conditional use permit" to hold weddings and other similar type of events at this historical property in the City of Tustin's Cultural Resource District. As Vice President of Development and Marketing at Orange County School of the Arts (OCSA), I have had the opportunity to participate in several events at Wilcox Manor and I am pleased to recommend this venue to others. OCSA provides a creative, challenging, and nurturing environment that offers bright and talented students unparalleled preparation for higher education and a profession in the arts. Our school has not only benefited financially but our students in both the Classical Voice and Instrumental Music Conservatories, through their performances and participation, have been able to share their special gifts in a unique and culturally significant setting as well as contribute to the City of Tustin's heritage. Our organization has been fortunate enough to hold more than one fundraiser at Wilcox Manor. Twice hosting our entire 70 piece symphony, they proudly exposed our students to an audience that might never have heard their talents. They have been extremely generous in donating the use of their residence for our events. In addition to the venue, they have included tables, chairs, linens, tableware, glassware and the service pieces as part of the use of their historic property. Thus saving our organization thousands of dollars in additional rental costs, it has enabled us to maximize the efforts of our donors in support of our mission thereby increasing the funds we could net from our event. We know that this has been done at a significant cost to them. We hope that the approval of this conditional use permit will enable them to offset some of the costs of donating the use to charities like ours. Lindburgh McPherson and Michael Demoratz, the owners of Wilcox Manor, continue to demonstrate their commitment to the OCSA organization and others like ours in the community. We fully endorse and support their application for a "conditional use permit", we know by our experience and our trust in them that they will continue to honor the property and the surrounding community at large. Sincerely, Cambria L. Morgan Vice President, Development and Marketing Orange County School of the Arts 0 USTN CHAMBER OF COMMERCE August 15, 2012 Lindburgh McPherson Wilcox Manor 310 S. Pasadena Avenue Tustin, CA 92780 Re: Wilcox Manor Dear Lindburgh, To preserve the free enterprise system, to preserve and expand the potential of all business and professional enterprises, and to promote the civic cultural and social well being of the City of Tustin and surrounding community. AUG 2 3 2012 COMMUNITY DEVELOPMENT DC-' We wish to thank you for letting the Tustin Chamber of Commerce use your lovely facilities at Wilcox Manor for some of our events. Your being a Chamber Member is a benefit to you in that being a member, we recommend Chamber Members to our other Chamber Members and people in the public looking for a venue for their events. Our chamber is very active with many events we hold throughout the year and the use of your facilities is mutually beneficial for both of us and we look forward to many years of working together. Sincerely, ihtoaa an rman of the Board Tustin Chamber of Commerce 700 West 1" Street, Suite 7 • Tustin, CA 92780 • Tel 714-544.5341 Creating community through the arts ~ 1 G 1 y Z b m D r� c Z n r= FOR FINE ARTS Executive Committee President Sharyn Sakimnto Vice President Programs Lynda Bjoin Vice President Communications Barbara Foster Vice Presidents Fund Development Bonny A Veff Kathy Tarrant Vice President Broadway in the Park Mary KanBhtan Secretary Dr. Patricia Machado Treasurer Sue Legome Parliamentarian Diane Aust Directors Jonathan Abelove Bill Am rcus Libby Buckley Bob Casey Scott ewiertny Joe DiCorpo Patti Di Saia Wendy Greene Nancy Ivary led Leib Matt Lindauer Robert Machado Lindburgh McPherson Flight Nicolai Gloria Park Stephanie Schneider Arlene .Simmons Gloria Snyder Jody Wedret Advisory Committee Doug Davert Mark Eliot Stuart Friksen Janice Smith David Wilson RECEIVED AUG 2 3 2012 August 14, 2012 COMMUNITY DEVELOPMENT DEPT Dear Lindburgh and Michael, Along with many area non-profit organizations, the Tustin Area Council for Fine Arts has been the fortunate recipient of your generosity over the past few years. You have unselfishly offered our organization the use of Wilcox Manor on multiple occasions, all at no charge to TACFA. In addition to the venue, you have included all other amenities required to host a major event: tables, chairs, bars, linens, umbrellas, tableware, flatware, glassware, and in some instances food and spirits. The countless hours you spend in the organization of the events usually goes unnoticed by most. As you are well aware, TACFA is a 501(c)(3) dedicated to funding and administering programs that expand the arts in the greater Tustin area and enriching the entire community. Our programs include Art Masters, Student Art Invitational, Scholarships, Graphic Design Workshop, and our newest program Artscapes. Our signature event, Broadway in the Park, has been serving the city of Tustin for twelve years. We maintain a low ticket price to ensure that everyone can enjoy this uniquely American musical experience. You continue to demonstrate your commitment to our organization and many others in the community. Because of your steadfast and unwavering support, we have saved $30,000 in expenses for our various events over the past two years. This has allowed us to maximize the efforts of our board members, volunteers and patrons in support of our mission, and has enabled us to offer additional arts -related programs to our community. We are so thankful to you both for all that you do for the community. You are a treasure and an extraordinary gift not only to TACFA, but to the city of Tustin! Gratefully, Sharyn Sakimoto President TACFA P.O. Box 145, Tustin, CA 92781 Tel: 714-518-5519 www.taefa.org i'ACF'A is a 501 (c) (3) public benefit corporation. Tax I.D. 33-0452957 17 Ln a Q V v �k 0 v I r,1a3d-a L sl Owworiptlom: OrlmQw,G A",,> , j(p 101 .64 p,": 1 of 1 Ordwr: 1 Comm"t: N N o III ZI <N4 n 6��0�`�� �9�v r i b Nn Y� a w O � Ow L sl Owworiptlom: OrlmQw,G A",,> , j(p 101 .64 p,": 1 of 1 Ordwr: 1 Comm"t: N N o III ZI <N4 n 6��0�`�� �9�v r i RECEIVED August 1, 2012 AUG 2 3 2012 To whom it may concern: COMMUNITY DEVELOPMENT DEPT We reside at 275 South Pasadena Avenue, Tustin, CA 92780. I am writing this letter in support of Wilcox Manor obtaining a "Conditional use permit" to hold weddings and other similar events at this historical property in Old Town Tustin. We have lived directly across from 310 South Pasadena Avenue (Wilcox Manor) and have watched them painstakingly restore this property to its former grandeur. They have greatly improved not only its value and curb appeal but of our entire neighborhood and the Old Town Tustin community. We have witnessed them hosting numerous charitable events over the passed 4 years raising needed funds in support of organizations for the City of Tustin and surrounding community. Lindburgh McPherson and Michael Demoratz, the owners of Wilcox Manor have demonstrated their commitment to the community by providing their property free of charge to local charities greatly increasing the amount of money going directly to the charity. Our family fully endorses and supports their application and trust they will continue to be responsible neighbors and stewards of the property. ` 7j Patricia De Perez jog Perez RECEIVED August 1, 2012 AUG 2 3 2012 COMMUNITY DEVELOPMENT DEPT To whom it may concern: We reside at 255 South Pasadena Avenue, Tustin, CA 92780. I am writing this letter in support of Wilcox Manor obtaining a "Conditional use permit' to hold weddings and other similar events at this historical property in Old Town Tustin. We have lived several houses down from 310 South Pasadena Avenue (Wilcox Manor) for almost 60 years and knew the previous owner of the property and sadly watched as the property deteriorated and then witnessed the new owners restore this property to its former grandeur. They have greatly improved not only its value and curb appeal but of our entire neighborhood. We have witnessed them hosting numerous charitable events over the passed 4 years raising needed funds in support of organizations for the City of Tustin and surrounding community. Lindburgh McPherson and Michael Demoratz, the owners of Wilcox Manor have demonstrated their commitment to the community by providing their property free of charge to local charities greatly increasing the amount of money going directly to the charity. Our family fully endorses and supports their application and trust they will continue to be responsible neighbors and stewards of the property. Buster Graves Margaret Graves August 1, 2012 To whom it may concern; We reside at 740 West 2nd Street, Tustin, CA 92780. RECEIVED AUG 2 3 2012 COMMUNITY DEVELOPMENT DEPT I am writing this letter in support of Wilcox Manor obtaining a "Conditional use permit" to hold weddings and other similar events at this historical property in Old Town Tustin. We live on the corner or 2nd and Pasadena just a block away from the property at 310 South Pasadena Avenue (Wilcox Manor) and have then witnessed the owner's restore this property to its former grandeur. They have greatly improved not only its value and curb appeal but of our entire community. We have witnessed them hosting numerous charitable events over the passed 4 years raising needed funds in support of organizations for the City of Tustin and surrounding community. We are volunteer members of several of the charities that have benefitted and know directly the impact on the charity of their support. Lindburgh McPherson and Michael Demoratz, the owners of Wilcox Manor have demonstrated their commitment to the community by providing their property free of charge to local charities greatly increasing the amount of money going directly to the charity. Our family fully endorses and supports their application and trust they will continue to be responsible neighbors and stewards of the property. Doug King Karen King RECEIVE® August 1, 2012 AUG 2 3 2012 COMMUNITY DEVELOPMENT DEPT To whom it may concern: We reside at 315 South Pasadena Avenue, Tustin, CA 92780. I am writing this letter in support of Wilcox Manor obtaining a "Conditional use permit' to hold weddings and other similar events at this historical property in Old Town Tustin. We have lived directly across from 310 South Pasadena Avenue (Wilcox Manor) for many decades and watched first this property deteriorate into disrepair due to neglect and then witness the new owners painstakingly restore this property to its former grandeur. They have greatly improved not only its value and curb appeal but of our entire neighborhood. We have witnessed them hosting numerous charitable events over the passed 4 years raising funds in support of organizations for the City of Tustin and surrounding community. We have attended many of these events and know the value the charities have received and the thrill many have experienced in seeing a restored historical property. Lindburgh McPherson and Michael Demoratz, the owners of Wilcox Manor have demonstrated their commitment to the community by providing their property free of charge to local charities greatly increasing the amount of money going directly to the charity. We appreciate the consideration Lindburgh and Michael take to make sure our neighborhood is not inconvenienced during their events. They make us aware well in advance of an event, they begin and end an event on time, they do not allow events that last late into the evening, and there is not excessive noise. We value the planning they take to make sure that their neighbors and our neighborhood is thought of with no disruptions to our routines. Our family fully endorses and supports their application and trust they will continue to be responsible neighbors and stewards of the property. ��� - C��� 1 Rob Thompson April Thompson RECEIVED AUG 2 3 2012 August 14, 2012 COMMUNITY DEVELOPMENT DEPT To whom it may concern: We reside at 320 South Pasadena Avenue, Tustin, CA 92780. 1 am writing this letter in support of Wilcox Manor obtaining a "Conditional use permit" to hold weddings and other similar events at this historical property in Old Town Tustin. We live next door to 310 South Pasadena Avenue (Wilcox Manor) for the past 3 years and have witnessed the restoration of this property to the beautiful property that it is today. They have greatly improved not only its value and curb appeal but of our entire neighborhood and the Old Town Tustin community. Additionally we have witnessed them hosting numerous events for charities over the passed 3 years, these events have impacted us very little. We know that they raised needed funds to support many organizations in the City of Tustin and our surrounding community. Lindburgh McPherson and Michael Demoratz, the owners of Wilcox Manor have demonstrated their commitment to our community by providing their property free of charge to local charities that greatly increased the funds to the charity. Our family fully endorses and supports their application for a conditional use permit and trust they will continue to be responsible neighbors and stewards of the property. Sincerely, 4"� R d �J 1bot 1v airy Castaneda emiah Cast aneda RECEIVED AUG 2 3 2012 August 15, 2012 COMMUNITY DEVELOPMENT DEPT To whom it may concern: We reside at 325 South Pasadena Avenue, Tustin, CA 92780. I am writing this letter to express my support of Wilcox Manor obtaining a "Conditional use permit" to hold weddings and other similar events at this historical property in Old Town Tustin. We reside just a few homes away from 310 South Pasadena Avenue (Wilcox Manor) and for many years have witnessed the owners restoring this property to the beautiful home it has become today. Their improvements have been incredible and improved not only the home's value and curb appeal, but of our entire neighborhood and the Old Town Tustin community. Additionally we have witnessed them hosting numerous events for charities over the passed 4 years. We know that they raised needed funds to support many organizations in the City of Tustin and our surrounding community. Lindburgh (' McPherson and Michael Demoratz, the owners of Wilcox Manor have demonstrated their commitment to our community and by providing their property free of charge to local charities this has greatly increased the funds available to the charity. We fully endorses and supports their application for a conditional use permit and trust they will continue to be responsible neighbors and stewards of the property. rSincerely, lav- L Ana Carillo RECEIVED AUG 2 3 2012 August 15, 2012 COMMUNITY DEVELOPMENT DEPT To whom it may concern: We reside at 180 South Myrtle Ave., Tustin, CA 92780. I am writing this letter to formally express my support of Wilcox Manor obtaining a "Conditional use permit" to hold weddings and other similar events at this historical property in Old Town Tustin. I have resided just around the corner from 310 South Pasadena Avenue (Wilcox Manor) and from the beginning I have witnessed the owners restoring this property to the beautiful home it is today. Their painstaking restoration has improved not only the home's value and curb appeal, but of our entire neighborhood and the Old Town Tustin community. Prior to the restoration of this home, most people in the City of Tustin, did not even know this street existed. Now most people have had the pleasure of visiting the 4'. home, touring its interior and beautifully landscaped gardens. I have witnessed them hosting numerous events for charities over the passed 4 years. I also have had the privilege to attend many events at their home. I know that they have selflessly supported many organizations in the City of Tustin and our surrounding community by raising funds. Lindburgh McPherson and Michael Demoratz, the owners of Wilcox Manor have demonstrated their commitment to our community and by providing their property free of charge to local charities greatly increasing the funds available to the charity. I fully endorses and supports their application for a conditional use permit and trust they will continue to be responsible neighbors and maintain the grandeur - that is Wilcox manor. Sincerely, 0�* 46q Kaycee Howell RECEIVED AUG 2 3 2012 COMMUNITY DEVELOPMENT DEPT August 17, 2012 To whom it may concern: We are both over 80 years old and have lived in the Tustin area over 50 years. We serve as docents at the Wilcox Manor as often as we can. We receive no pay or gas money for our time. In all of our years, we have never encountered anyone, at any time, who has given so much of themselves and their time. Lindburgh McPherson and Michael Demoratz have sacrificed their privacy and generously opened their home to the community. So many of the positive changes in the Tustin Area are due to these two very caring and kind men. Please consider the charities that have benefited from their hard work. We hope that they will be allowed to use their beautiful home and gardens as they see fit. Sincerely, a Mrs. Louise -Waite Major Haines Waite, U.S.M.C. Ret. 12941 Eveningside Drive Santa Ana, CA 92705 RECEIVED :-august 19.2012 AUG 2 3 2012 COMMUNITY DEVELOPMENT DEPT To whom it may concern: We reside at 265 South Pasadena Avenue, Tustin, CA 927130. We are writine this letter in support of Wilcox Manor obtaining a Conditional Use Permit to hold weddings and other similar events at this historical property in Old Town Tustin. We have lived directly across from 310 South Pasadena Avenue (Wilcox Manor) since June 2010 and have watched Michael Demoratz and Lindburgh McPherson painstakingly restore this property to its former grandeur. They have proven that they are passionate about sharing Wilcox Manor's history with every guest that has had the privilege of touring their home as well as for ensuring that the community will be able to celebrate Wilcox Manor's contribution to Tustin's history for years to come. In addition, they have demonstrated their commitment to the community by providing their property free of charge to local charities, which has greatly increased the amount of money going directly to the charity. Old Town Tustin is a better place because of Michael and Lindburgh's generosity and dedication to their community, We greatly appreciate that Michael and Lindburgh have made us feel a part of the CUP application process by keeping us informed of their intentions, by encouraging us to openly share our concerns regarding parking and traffic flow, and by following up with us to share their proposed conditions to alleviate our concerns. As a result, we believe that their proposed conditions to shuttle event patrons (when the guest list is more than 75 people) to and from the off-site parking facility at the Tustin Chamber of Commerce will alleviate the impact of parking and maintain safe traffic flow. Additionally, signage will discourage patrons from parking along Pasadena Avenue and direct them back to the parking location. On August 18, 2012, Michael and Lindburgh performed a trial run of these proposed conditions during a charity event. We were happy to witness that we would not have been able to tell that an event was being held across the street. By executing these proposed conditions, we believe the residential character (i.e., parking, foot traffic. noise) of Pasadena Avenue is maintained. In closing, our neighbors on Pasadena Avenue are like members of our extended family. We were able to have our wedding ceremony and reception at Wilcox Manor that included our surrounding neighbors in attendance. As such, we agree that this historical property is the perfect setting to celebrate a momentous occasion. Today we have a stronger sense of community on Pasadena Avenue thanks to Michael and Lindburgh. Thus, we fully endorse and support their application and trust that they will continue to be responsible neighbors and stewards of the property. Sincerely, *v& Michelle Won Richard Leon RECEIVE® AUG 2 3 2012 August 17, 2012 COMMUNITY DEVELOPMENT DEPT RE: Conditional Use Permit Wilcox Manor Dear Planning Commissioners and Tustin City Council, I am writing this letter in full support of a Conditional Use Permit for Wilcox Manor and the request to hold weddings and similar events at 310 S. Pasadena Avenue in Tustin. Since hosting their first charity event in 2008, Lindburgh McPherson and Michael Demoratz have helped non-profit groups raise in excess of $350,000. Tustin Area non-profit organizations, such as the Tustin Community Foundation, Tustin Preservation Conservancy, Tustin Area Council for the Fine Arts and the Tustin Historical Society have all benefited from events held at the Wilcox Manor. Their annual Holiday parties have been fundraisers for Spencer Hospice Foundation, the Arcadia Methodist Hospital Foundation, the Jack and Jill Guild Children's Hospital of Orange County and the Coalition for Compassionate Care of California. Countless other organizations and individuals have had the honor and privilege of attending an event at Wilcox Manor. In addition to the use of this beautiful historic home, Lindburgh and Michael have provided the rental equipment, tables and glassware, labor and set up, at their own cost. They have been generous with their home, time, and funds for the benefit of so many of our community. Approval of the Conditional Use Permit will enable Lindburgh and Michael to offset some of the costs that they have incurred and allow them to continue with these wonderful events. Lindburgh McPherson and Michael Demoratz have been committed to helping Tustin for many years. support their application for the Conditional Use Permit without hesitation. Sincerely, � p6wr Donna Marsh Peery 13982 Malena Drive Tustin, CA 92780 BILL CAMPBELL SUPERVISOR, THIRD DISTRICT ORANGE COUNTY BOARD OF SUPERVISORS August 21, 2012 Tustin Planning Commission & Tustin City Council 300 Centennial Way Tustin, CA 92780 To whom it may concern: RECEIVED AUG 2 4 2012 COMMUNITY DEVELOPMENT OEP' I am writing this letter to extend my support for a conditional use permit application for the owners of the historic Wilcox Manor, located at 310 S. Pasadena, to host weddings and similar events at the facility. Since hosting their first chanty event in 2008, Lindburgh McPherson and Michael Demoratz have helped non-profit groups raise in excess of $350,000. Several Tustin area non-profit organizations have benefited from events held at the Wilcox Manor. Mr. McPherson and Mr. Demoratz have not only provided the use of this beautiful, historic home for events, but they have also provided the rental equipment, table and glassware, labor and set up, at their own cost. They have been generous with their home, time, and funds for the benefit of so many in the Tustin community and Orange County. Approval of the conditional use permit will enable Mr. McPherson and Mr. Demoratz to offset some of the costs that they incur from activities at their home and to continue to allow the use of the Wilcox Manor for events. Mr. McPherson and Mr. Demoratz have been committed to contributing to their community for many years. I whole-heartedly support their application for a conditional use permit to host events at the historic Wilcox Manor. Sincerely, 4e j1 '14 BILL CAMPBELL Supervisor, Third District PAID FOR BY BILL CAMPBELL FOR SUPERVISOR • 1914 W. ORANGEWOOD AVE., SUITE 201 •ORANGE, CA 92868 ID#1243639 • PHONE (714) 978-2721 • EMAIL: BIIIfor3rd@aol.com Subject: FW: Letter of Support for Wilcox Manor From: Linda Jennings lmaiito:lindaciennlngs@hotmail coml Sent: Wednesday, August 29, 2012 11:55 PM To: beckie gomez; Binsack, Elizabeth; brent ferdig; Jeff Thompson; Steve Kozak Subject: FW: Letter of Support for Wilcox Manor Nice, huh? This is concerning Dollars for Scholars, a group that raises money for scholarships for local students. Lux&r feiuur.�s ---------- Forwarded message ---------- From: "Patricia Machado" <droat machado me co > Date: Aug 29, 2012 9:42 PM Subject: Letter of Support for Wilcox Manor To: "Dr. Charles & Celine Osborn" <cjosbom@cox net> Celine Are you aware of the request to write a letter of support for Wilcox Manor's application to offer weddings etc at their home? We are quoted as not supportive of this application therefore will not be welcome to the Manor for future activities. Please advise. Sent from my (Phone Patricia Machado, Ed.D. Subject: FW: Wilcox ----Original Message-. - From: Linda Jennings Imailto•lindaciennings@hotmail coml Sent: Thursday, August 16, 2012 8:33 PM To: Binsack, Elizabeth Subject: Wilcox Thought you might find this web site interesting. Got the tip from Brent. Aw—w.!2csoecialevenZMaues.com/locationsjWllcox-manor.com So the horse may already be out of the barnif Sent from Linda's ipad Subject: FW: Pasadena CUP Attachments: Tustin Manor.pdf -----Original Message ----- From: Jeff 8 Cherie [mailto:ieffcheri2@integrity com] Sent: Friday, September 21, 2012 2:12 PM To: Binsack, Elizabeth Subject: Fwd: Pasadena CUP Elizabeth - I received this as an expression of concern regarding the referenced CUP. I presume this is no longer being conducted? It should also be addressed in the background for the presentation. Thanks. Jeff Thompson C1�.TERING` :- TESTIMONIALS ;, LINKS.-: CONTACT US Tustin Manor Page 2 of 2 aku:; :: MW&:: TAmkrWi'ft:: QlWaOLbL6dA:: In ym How: QmW littp://anderscatering.com/AbdersWil2.htm I.-nACK 9119/2012 Binsack, Elizabeth From: Susan Dobak <susandobak@att.net> Sent: Monday, October 08, 2012 8:23 AM To: Binsack, Elizabeth Subject: CUP Wilcox Manor Dear Ms. Binsack, As a 40 -year resident of Tustin and North Tustin, I am writing in support of Lindburgh McPherson and Michael Demoratz's CUP application for Wilcox Manor. TOP TEN REASONS TO GRANT WILCOX MANOR A CONDITIONAL USE PERMIT IN THE CITY OF TUSTIN 1. To my knowledge, there are no suitable venues in the city of Tustin where intimate social events and weddings/wedding receptions can be held. 2. Wilcox Manor backs up to the 55 Freeway and is on a short dead end street. This substantially reduces any "noise" concerns. 3. Valet parking eliminates congested street traffic and parking, and has worked without issue at past Wilcox Manor events. 4. Nearly 100% of Wilcox Manor's immediate neighbors - those most effected - are in support of the CUP. 5. Gas stations, florists, grocery and big box stores, and other retailers, within the city of Tustin, will benefit from this engaging event site. 6. Because Wilcox Manor is a very short distance from the 55 Freeway, increased traffic within the city is not an issue. 7. Past events held at Wilcox Manor have not in any way had a negative impact on the city of Tustin or the immediate neighborhood. 8. Lindburgh and Michael are educated, well respected and successful in their professional careers. They are honorable and involved citizens of our community, with strong values and a proven track record of loyalty and generosity. 9. Events at Wilcox Manor will be executed with the dignity, quality of excellence, respectability and professionalism Michael and Lindburgh bring to everything they do. Finally, if you took a poll, you would find most Tustin residents unaware of past parties/events at Wilcox Manor - unless they were a guest at one of them. The impact of Wilcox Manor events on the general population is non-existent! Respectfully and most sincerely, Susan Dobak Susan Dobak 12212 Afton Lane North Tustin, CA 714-544-5779 714-585-2388 (Cell) susandobakhdatt net October 8, 2012 Martin & Tina Blenz 270 S. Pasadena Ave. Tustin, CA 92780 City of Tustin Planning Commission 300 Centennial Way Tustin, CA 92780 RECEIVED OCT 0 8 2012 COMMUNITY DEVELOPMENT BY: Re: Conditional Use Permit Application for Michael Demoratz and Lindburgh McPherson at 310 S. Pasadena Ave., Tustin To Whom It May Concern, We live next door to 310 S. Pasadena Ave, on the northern side. We are between 310 Pasadena and the Pasadena Well. Please accept this as an opposition letter to the above application. It is with mixed emotions that we write this letter. Here are the reasons why we oppose the Conditional Use Permit: Comments 1.) Most weddings occur on Fridays, Saturdays and Sundays, which is when most people in the neighborhood would be home. 2.) They have been holding large charitable events and weddings without a conditional use permit. They stated they work with many charities. They should have been well aware of the need for a conditional use permit for larger events. 3.) Parking has been a major issue for us and other residents when they hold these large events? The shuttle service has just started in the last month or so. We don't like seeing buses going back and forth on the street when it's usually quiet. Our section of Pasadena is one way in with a double cul-de-sac. The street narrows in front of 310 S. Pasadena Ave. Our driveway and the street get blocked when they have these large events. The neighbors on the Main St. side can't get down the street sometimes. The homes on the First St. side don't have driveways on the street. They have alley parking with very limited parking. So their guests have to park farther away if the parking is taken no in front of their homes. Just last week on September 24, there was a fire behind 320 Pasadena Ave. There was a baby napping in one of the apartments at the time. If the fire trucks couldn't get in, no telling what could have happened. 4.) The noise ordinance has not always been adhered to. On August 25, they had an event and live drums were played at 11:45pm. Many weddings go late into the night. 5.) Trash has been left in our yard and the street. The tirst time they had a large event, we had to pick up a broken wine glass from our driveway. 6.) They have been planning this for some time. We have endured the construction of their garage and remodel of their home. Construction hours were not always adhered to. .The winds blow from the ocean in the afternoon toward our property. The dust and dirt was blown into our property 7.) Alcohol is served at many of their current functions. If they are approved, there will be a greater safety issue due to more drunk drivers in the neighborhood. Is the Tustin Police Department going to be on hand to ticket the drunk drivers? Myrtle and Second would be a good spot as people always blow the stop sign there. If they are serving and selling alcohol, wouldn't this subject them to the state licensing requirements? 8.) Zoning is still residential here except for the water well. We are mixed with single family and multi- family dwellings. The City of Tustin Zoning Map shows R3 next to the well. We should be zoned R1. This should have been taken care of when we purchased the house. The houses on the eastern side of Pasadena are zoned RI, per the map. A commercial interest like a wedding venue is not compatible with the existing nature of the neighborhood. It would destroy the ambience of the neighborhood due to the additional people, traffic and noise. 9.) The security of the water well has been compromised. Several months back there was a hazardous material alarm that did not go to fire or police dispatch. Tina had to call. If it had been a real emergency, and vehicles were blocking access to the well, fire trucks and emergency crews would not be able to get through to the well. Evacuation of the street would have been greatly hampered. 10.) Security of the neighborhood is now more of an issue. Our section of Pasadena is fairly secluded. Tina has shooed away people that have been drinking, smoking dope, etc. More public access means more problems. Alot happens in the daytime when our street is fairly quiet and residents aren't home. 11.) We have been here since 1993. Other residents have been here much longer. One even saw the 55 freeway being built! We have been through the 55 freeway widening, rebuilding of the First St. bridge over the 55, reconstruction of the transition flyover, and the building of the Pasadena Water well. It's time our small section of Pasadena had some peace and quiet. 12.) We were given a letter of support from Michael and Lindburgh. Since it was not written by us, we refused to sign. We have included a copy. The other letters show the same type font, date, and format as ours. 13.) A simple Internet search shows their property listed as a wedding venue on several sites. Questions 1.) Use Restriction 2.2: Are the twenty-four (24) paid events in addition to the existing number of charity events they are currently having without the conditional use permit? 2.) Use Restriction 2.2 and 2.3: People are free to park on our street. The parking signs that have been posted for these events do not cite the civic code. People or kids or the wind has knocked them down. The signs are just plain ignored. When parked, how will the police department determine who belongs at these events or people visiting other residents who live on our street? 3.) Use Restriction 2.2: It says there is a maximum of five (5) paid events per month. What is the total number including charity or private large events that will impact the neighborhood? 4.) Use restriction 2.6: The signs for event parking are not legal signage. Is there a civic code that makes these signs enforceable? 5.) Use Restriction 2.16: It states that paid invitations shall not include the venue address. It must include parking instructions. There is no requirement that the city or police will be notified of these paid events. How will the invitations for paid events be verified as complying with this restriction? 6.) Use restriction 2.19: It states that clean-up of litter refuse and debris attributable to the event only within 100 feet of their property. Many times Tina and other neighbors have had to clean up trash after their events past 100 feet of their property. How will this been enforced? 7.) Use restriction 2.21: The existing garage shall be available for the parking of vehicles. They do not currently store vehicles in their garage. How can this be enforced? 8.) Use restriction 2.30: States any service and consumption of alcoholic beverages on the premises during any paid event shall be subject to the California state licensing requirement. Will the license be posted in a conspicuous place? 9.) Use Restriction 2.35: States there shall not be any subletting of the property to a separate business. How will this be enforced? 10.) Use Restriction 2.36: Says all business in the City of Tustin needs a business license. Has this requirement been met? 11.) Use Restriction 2.39 and 2.1: States cooking and food preparation for paid outdoor events shall not occur inside any building on the property. Most weddings have food being served. How will this be enforced? Food ends up on the ground which cannot be adequately cleaned. We have seen an increase in rodents and vermin in our area. Tina has seen rats running along a fence at night. How will this be remedied as poison baits can harm pets, birds and other wildlife? 12.) Requirement 2.40: States Fire and Police access and passage shall be permitted at all times. All activities including parking and equipment shall not block parking, access or passage for disabled persons. Wouldn't they be subject to the federal Americans with Disabilities Act requirements? 13.) Requirement 4.2: They want to build additional bathrooms in the rear of the property. There is a one foot easement along the sound wall of the freeway. Construction close to the wall may damage the footings. Has Cal -Trans been notified of this? Whether rich or poor your home is supposed to be a respite from the world. It should be a place of comfort and peace. Lately, our neighborhood has been anything but that. We do not like a traffic jam in front of our home or drums being played late at night or trash being left in our yard. Doing what is right is not always easy. In this case, the conditional use permit should be denied. Sincerely, ,� Martin and Tina Blenz ---- - .— — \.vYiili i\LYt a til Page I oft Come /,I Z� Z Better than ever. iji ESTE x85 CnRS OEAtS _-.c PL-CE:N AD SIG14naaIG'1-0P NESCWEE E-ReGsrER CUSTO4EPSE7e,S 'wars o:>ER Wibox rnarwf m3'r.�- a SEARCH SURF REPORT/CAMSI WEATHER (LIVE TRAFFIC - :ENS SPORTS BUSINESS ENTERTAINMENT LIFE TRAVEL OPINION wiccz manor Records: Wlieoa Manor Oateoasa of aY Manors In iM Canby. Search NOW. manor aa'yi-Geecras cone >P -[C -ES @LOGS PHOTOS VIOECS ALL 16Dr n LAST 2 n YS Lf ST WEEK LAST "JTH r= Web SIM Sponmrat L�n:e RELEVANCE NEWEST OLDEST 411Yma ford@. RE4r11D a " v Uoox marct mo hislonc alma high tea mrox .1Cos manor manor manor Mstin errgllsh high lea lea wdkox rnanar 3 wlkoz martyr 3 pin 30 Witax manor Wwx 310 1. Tustin clubs: Help for frameless families I tustin, information ... insupport face! hosneiea tannin". More than 130 people attended this event M the historic WAMK Manor. FPOC Is a non-proM NEW51 S 2. Tustin Council nominations end Wednesday I tustin, council... Asti and WYcoa Manor Trent. He ncefvad a corlmlaaion of food and beverages from Alok vOTS the Tustin Ranch Goa Club. Melees ._ NEWS] 3. Tustin Clubs: MADD event raises $763,000; Broadway in the ... rrr aruei Ane COural far Fae Pte Gat. m bald M de hlelok Wlkoa Mao, arpnaayaholal bunk and 1875.... 4. Letters to the Editor: Tustin News I tustin, community, nonprofit ... For Instance, TCF hes far 111,11 past three yeah sponsored their amual'High Tee' In the bearttlW gerdene d ter WHcoa Manor nen n Tustin where _. 5. Tustin volunteers honored with superhero medals I tustin, high ... ?bout 200 Peopb opened the evert, which horwred'Superheroas of Tustin; In the prdme of WNcoa Marcor In Town. _ trevwsl ='a, z ,ou 6. Tustin volunteers honored with superhero medals I tustin, high ... NAAbout 200 Psala "ended The vant, which honored'Suprhroes of Tustin; In his gardens M W11coa Manor n Tustin. 1,r5wlil add. - . _ 7. Man and Woman of the Year awards dinner slated I tustin ... Communtty Foundation's Vrrnaer Recognition LwMaen on May 4. The event will tate place r 10;30 am M Wlkoa Ahmr. 310 S. Pasadena Ave ... REMI :a, 1- :012 8.'Supefheroes'theme of Tustin Community Foundation ... Par e�rrlw papa 12BWW PREMIER REALTY Top eaertar ohhuariw x fa Fr cryMal calhwnl Jm t,, MM harvest cruH W ores polka http://www.ocregister.com/search/?q=wi Icox+manor&csort=newest&x=0&y=0 10/7/2012 -rarer : t ne orange t_ounty Kegfster .11-1 r Vl _ *£tLES"n`E J:aM CA" VfA EC_ PLACE All AD SIGn4IW51GNLP sLaSDRtaE EAEGISTER COarr,MERSERVICE >JCA,S—PSR Iloox mairi SEARCH SURF REPORT/CAMSI WEATHER ILIVE TRAFFIC —_RIF NEWS SPORTS BUSINESS ENTERTAINMENT LIFE TRAVEL OPINION Wilcox relator 54iau� W&I) a Sia Ilii Manor SPonsoreu Lmhs Putt Pastia Found For. Wlkox Manor. Search Now, :manor Pwtt'aecordstorn/ ARTICLES BLOCS PHOTOS VIDEOS RELEVANCE NE'NEST OLDEST A1.1.116WLTa l ST2DAYS -AST y. EK LASTMONTH 4tIlan Laird REUTtp SEaRCHea Wilcox mala( 310 hlvt Wilcox high tea w x Wilcox manor manOf mann lusbn enghsh high tea tea Wilcox manor 3 Wilcox manor 3 pm 30 Wilcox many v.Hmx 310 21. High Tea recalls the glamorous 1880s I tustin, home, tea ... An EnI High Toa held In aro gandena M the Wilcox Manor an Saturday, June 12 M 3 Pm The rant W11 relive the 117905 and batthe Tustin i n 22. Leach'. Countdown to Chili Cook -off I tustin, community, chili --- The Tustin Co rmnlry Foundation Will host an English High Tea M Wilcox Manor at 3 pm an June 12 to bereft the TuW Am CounW for Fire Arts NEWSI'. a, z 1 -'� 23. Foothills Preschool to offer summer camp I tustin, big, foothills ... The Tustin Cormwn ity Founoalion will twat an EngMM Ho Tea al Wlkox Manor at 3 Prn on Jura 12 to beneht the Tuslvl Am Council for Fine luta ._ tEmj 1., L- _ 24. Club News. Tustin Area Republican Women meeting I tustin ... $30. Tu"dary 10:30 am 1714) 393-0509 or tueonmmnaaxtyfaurdaboi HTML/evemsi0&VokffTW- luncl hbn. Wlkox Manor, 310 S. Pasadeni r.'I l "f 2•g 25. Leach: Nominees are in for man and woman of the year ... gmt odds W win a WN Cooper, or $10,000, at the Tustin Conurunhy FountlaYan'e Volunteer Recognition Lenrtroon on May 4 at Wilcox Manor.... NEvrsl 4- o <. 28. LeachTustin Library invites kids for Mexican folk songs. crafts ... The Tuaen CammNty Foundation Wit host Ha annul Community Volunteer Recow"bon Luncheon at 10:30 am May 4 at W9cox Manor, 310 South... LINDEFI -,. :010 27. Tustin home on list of historic properties I home, tustin, list ... The owner ofW 9cox Manor 81310 S. Pesetlerte Ave.._ WNcox Harlot anUanceway Ie a preMew b the opulenca that mveaa guest. _. "NEWgIG r�+u 3CS 28. Things to do: JazzercJse, Bike MS Fundraiser I tustin. WWW ... p.... $25. Saturday 1:30 Pm (714) 731-2390 or IHtpJAnw,,pntavo1uean. org. Wilcox Manor, 310 South Paseoena. Tuatln.... NEvrsl. 29. Scene and Heard: Who are all those volunteers? I tustin, year ... h t Preservation Conservancy will host a Royal High Tea add Old Ten Tustin Maim Tour ^� ....:. fmm1'.30to4pmJ ml3elthehWwrie Wllcux Marron_. Tap aaanhs abhuaHg IvvenHo hall .fah ha wcre,&J. cr,w.l athaAnl bro P01e* http://www.ocregister.coni/search/?q=wi lcox+manor&site=ocregister&ftstype=&csort=ne... 10/7/2012 SEARCH SURF RE-ORT'CAMS I WEATHER L^J2 TRAFPtC .,. Web ,Sib ihM our nAw wn 'K keep Naaor Freund For Wilcox Manor. Sear Now, Wl!C0X E. '.mngvcww WHoo'nem. ES RELATED SEARCHES 31. Sce^e -�, —ep— g70den! artists share spahght with ties _ Preservatcn Ccnservancy w noel a Royal HO Ten and Old Town TUSM Mo4or Tour from 1:30 to 4 p n June 13 w iho ai,Rore Wilcox Manor, ._ 32. cadps a¢ Tustin COTmt,r:, �auecauon !u^cheon O.= w nt.hlmt. The Orange County Repster. The Tustin CommuMly FoundebW held iw Volunteer Ramglabn Luncheon et Wilma Manor... f3. t 33. Scene ead Heard Tusun orgamzatcns strut tpeir stu`; tss6n ... The event. held in One gnNMle of UM historic Waccx Manor In Old Town, wee held to rKOW&M anti create awsreneSa of Efa Ieppna of Vdemtee2._ 34. �. _i:mpse inside Ina Tustin Historical Soaety Farads of.-, v St..Th, Vintnpa Lady garden behind Me shop as AN FJ Caminc ROW, - Alcot Manor at s 310 S. Peeadene Ave. arM the ... s hC.v9� 35. Scene and Heard. Foundation receives 5S requests icr ... philanmroplc artlWeee. The venue will ba Ue garden at Wilcox Manor on South Pasadena Avenue. Cost of the I -Creon 4t23.... _,v0 36, one^e and Heard- Piss Council see _s the arlstic In tre ohlianerop{c 801MVe4. The Venue will be the garden et WHcox Maw an S" Pasadena Avenue. Cost of �e luno -Mor is S25.... I RESULT PAGE •.vi1C0x ma0w .. - —=— Web . Site T$_x ' $100 gift card ��1T1f_r}1{ TOP aerrthaa wlmades oc fatr crptel tethMnl fovaml. ran narvcar crosadA tea pwI ' http://W\lw. ocregister. com/search/?q=wilcox+manor&si te=ocregister&fistvpe=&Csort=ne... 10/7/2012 • --"- -+• -- ,...'— •. --- n —1 1 rt. wj - 1 u!,tui Hfca i-ouncit IOC tine Arts Yage I of 3 Bark to Events set tint i ,:s rn s4cd. Event: 2nd Annual Gala at Venue: Wilcox Manor Address: Start: June 29, 2012 6:00 AMMO pm End: June 29, 2012 9:00 pm Updated: April 14, 2012 Wilcox Manor 310 Pasadena Avenue, tustin, CA, 92780, United States ceYY1r)t�ent ;�Z The historic Wilcox Manor will be the scene for the Second Annual Tustin Area Council for Fine Arts Gala scheduled for Friday, June 291h. Wilcox Manor was originally a hotel on the EI Camino Real stagecoach run, built between 1865 and 1875 and lovingly restored by the current owners. The property includes a number of historic trees and 250 rose bushes. The evening will begin at 6 p.m. with a cocktail hour followed by entertainment and dinner. The 5 rice er,,��e,r��son includes two drinks, di er, es rt and wine at each table. There will be a live oo wtng dinner. OV doom Sponsorship opportunities include The Rembrandt Level for VIP seating $1500 for a table of ten) and the Warhol Level ($1,000 for a table of ten . All sponsors will be ac no 1 Dress will be semi- for�iii7760P Tonal. Complimentary valet service will be provided. Seating is limited to 200. Proceeds from the Gala will be used for a Community Enrichment Program. The event is oven to the public. For reservations, contact Lynda Bjoin at 714/832-9009, or bioinr b sbcM,tl 77t. http://tacfa.org/event/2nd-annual-gala-at-wilcox-manor/ 10/7/2012 Empty cars facing Main Street blocking our driveway. Cars left in street with no drivers, last car is someone trying to get through. Pictures taken from across the street facing 270 Pasadena Ave. Go rn m cn/ i -0 3 Cars lined up in street blocking access 60M M i�/ 0 S Trash left on median N� CoMm�XW C,vr y p f 00 e.- Co P Y Corn (< 6/Vw 7/0 U5 iii <1%N r� v TN 6-m August 1, 2012 To whom it may concern: We reside at 270 South Pasadena Avenue, Tustin, CA 92780. 1 am writing this letter in support of Wilcox Manor obtaining a " itional use permit" to hold weddings and other similar events at this hi cal property in Old Tm . stin. We have live e property next door to 310 S Pasadena Avenue (Wilcox Manor) for many ye nd watched the own painstakingly restore this property to its former grandeur.,grav,eatly' proved not only its value and curb appeal but of our entire neigkibo ef.� ,� We have witnessed them hostin mero aritable events over the passed 4 years raising funds in suppo organizations the Cityof Tustin and surrounding community. have attended man these events and know the value the charities have eived and the thrill many h experienced in seeing a restored historical pr erty. We recognize and appreciate it attention to every detail insuring tha Oise levels and parking issues are address efore ever becoming a pro m. t,indburgh cPherson and Michael Demoratz, the owners of Wilcox Manor h va e demons ted their commitment to our community by providing their property free of chgKe to local charities greatly increasing the amount of money going directly to aL. _.Y—_ Our family fully endorses and supports their application and trust they will continue to be responsible neighbors and stewards of the property. jenz pal Augusr To c nor: it may concern: �' e r=_silo at'40 West 2nd Street, Tustin, CA 92780. ;RECEIVED ,AUG 23 2012 XMMUNITYOEVFLOPMENTDEPT i am :writing this letter in support of Wilcox Manor obtaining a "Conditional use hermit' to hold weddings and other similar events at this historical property in Old Town Tustin. We live on the corner or 2nd and Pasadena just a block away from the property at 320 South Pasadena Avenue (Wilcox Manor) and have then witnessed the owner's restore this property to its former grandeur. They have greatly improved not only Its value and curb appeal but of our entire community. We have witnessed them hosting numerous charitable events over the passed 4 years raising needed funds in support of organizations for the City of Tustin and surrounding community. We are volunteer members of several of the charities that have benefitted and know directly the impact on the charity of their support Lindburgh McPherson and Michael Demoratz, the owners of Wilcox Manor have demonstrated their commitment to the community by providing their property free of charge to local charities greatly increasing the amount of money going directly to the charity. Our family fully endorses and supports their application and trust they will continue to be responsible neighbors and stewards of the property. Doug King Karen King �i August 1, 2012 To whom it may concern: We reside at 255 South Pasadena Avenue, Tustin, CA 92, I am writing this letter Permit in support of Wilcox Manor obtaining a "Conditional use to hold weddings and other similar events at this historical property in Old Town Tustin. We have lived several houses down from 310 South Pasadena Avenue (Wilcox Manor) for almost 60 years and knew the previous owner of the property and sadly watched as the property deteriorated and then witnessed the new owners restore this property to its former grandeur. They have greatly improved not only its value and curb appeal but of our entire neighborhood, We have witnessed them hosting numerous charitable events over the passed 4 years raising needed funds in support of organizations for the City of Tustin and surrounding community. Lindburgh McPherson and Michael Demoratz, the owners Of Wilcox Manor have demonstrated their commitment to the community by providing their property free of charge to local charities greatly increasing the amount of money going directly to the charity. Our family fully endorses and supports their application and trust they will continue to be responsible neighbors and stewards of the property. Buster Graves Margaret Graves j En/r/ C, August 12012 v 4 To whom it may concern: We reside at 275 South Pasadena Avenue, Tustin, CA 92780. 'WG COMMUNITY I am writing this letter in support of Wilcox Manor obtaining a "Conditional use permit" to hold weddings and other similar events at this historical property 1 n Old Town Tustin. We have lived directly across from 310 South Pasadena Avenue (Wilcox Manor) and have watched them painstakingly restore this property to its former grandeur. They have ��tt'ea��tlyy im�rove�jpgt QJJlXt§ value and curb appeal but of our entire neTh x ,or�ooand the Old Town We have witnessed them hosting numerous charitable events over the passed 4 years raising needed funds in support of organizations for the City of Tustin and surrounding community. Lindburgh McPherson and Michael Demoratz, the owners Of Wilcox Manor have demonstrated their commitment to the community by providing their property free of charge to local charities greatly increasing the amount of money going directly to the charity. Our family fully endorses and supports their application and trust they will continue to be responsible neighbors and stewards of the property. Patricia De Perez Jos Pere Wilcox Manor 310 Pasadena Ave., Tustin, CA, 92780 (626) 422-5820 -Venue vNebsite Historic Home Venue Type: Hi orlc Location & Nearby Info Ncrrnvess 34 r tFadd� Ave Santa A Saner �tii?'I �ryti�� Show nearby: 4 Restaurants Hotels Nonh Tustin Bars 11 del To -mate 0.6 mi Ej Nana Jean's 0.6 mi n Quinn's t71d Town C`rif! 0.7 mi Pizzeiles Bistro 1.2 mi ZOV's Bistro 1.2 mi 5%,Trooika Malawian Thai C� isin 1.2 mi tG4E C: ahabu Shabu Bar 1.2 mi The Lost Bean Ccffe House 1.5 mi Map data 02012 Goog r Chnstaki`s Greek Cuisine 1.6 mi t Full map and directior�&3 Original Mike's 2.4 mi Y http://events.ocregister.com/tustin_ca/venues/show/1119869-wilcox-manor?print=true 10/7/2012 ,5 : Hpm —i -!y (_prowler at �)vcamore Glen Homes) I block, avenue, burglary - ... Page 3 of 5 2200 block GndsaY Court. burglary aramr.7 30 a in 2900 block Baks'.erox lane. resker, al burglary, 7:35 am, 141x0 bteek Newport Aven=ue. CA Ranter are Plume. burglary alarm, 7.47 a.m. 15-W trees Aimsno,19 OCSO Rsgknsi T. *an Center. burglary alarm. 9:23 a.m. r= Dow Avenue. Service Mostar, burglary alarm, 10.20 a,m. 1 L bans Red -4 Avenue. 38rare+L Really. gratfi4. 12:38 a.m. Jamoaae and E! Cameo Real. came Wilimon with injury, 3:58 p.m. X30) oWtls Pasadena Avenue, Parrylmusk disturbance, 798 p.m. I 2&400 beck EI Camino Real, Old Navy, dog in vehicle, 7,21 P.M. '2200 block Nevport Avenue. Allotment. dog In vehicle, 7:43 p.m. 13500 blocs Carroll Way. party/musk disturbance, 7:45 p,m, 2500 block El Camino Real, Sean, shoplifter. 7:55 Pm, 2800 block Park Avenue, Right Start, burglary alarm, 8:03 p.m. 2400 black Who Soutevard, Rancho Santa Fe, padyffi sk disturbance, 8:08 Pm. 17000 block Kenyon Drive, Kenyon Street Apartments, drunk in public, 9:20 p.m. 14200 block Newport Avenue, drunk in public, 9:39 p.m. 14300 block Red Hill Avenue, Avalons, parry music disturbance. 10:21 p.m. 15800 block Mliams, Alders, theft, 10:50 p.m. 14300 blocs Shadybrook Drive, parly/muse disturbance, 10:51 p.m. y `�00 black Peaadena Avenue, pertyhnusic disturbance, 11:54 p,m. April 25 14200 black Feenbrook Drive, shots heard, 1:16 a.m. 2800 block Dow Avenue, Bodywise International, burglary clean, 3:06 a.m. 28W block Keller Drive, Mandeviilas, suspicious circumstance, 3:24 a.m. 1600 block Mitchell Avenue. Wlndwr Gardens. suspicious person, 3:43 a.m. 1500 black Mitchell Avenue, Snghton Terrace, suspicmus circumstance, 5:51 a.m, 14000 block Newpon Avenue, Roly's Bakery, burglary alarm, 5:59 a,m. 2900 block Humestoo Avenue, Sedona Homes, burglary alarm. 6:23 a.m, Red Hill and First Street. large MuM item. 8:27 ®.m, 1400 block Madison Street. Columbus Square. community burglary report, 7'.40 a.m. Red Hill and First Street, while goods, 748 a.m. 14700 block Bridgeport Read, burglary alarm, 9 a.m. 2800 block Pioneer Way, burglary alarm. 9:29 a.m. 500 block W. Main Street. bike theft, 10:15 a.m. First Street and Centennial, assist Drug Enforcement Agency,10:40 am, Bryan and Tustin Ranch, traffic hazard, 10:44 a.m. 15500 block Pasadena Avenue, Tdnidads, auto melt, 1:17 p.m. 2400 block Park Avenue, J.T. Schmid's, dog in a vehicle, 1:22 p.m. 28W block Park Avenue, T.J. Mawr, assaulubaftery, 1:57 p.m. 13800 Red Hill Avenue, Big Lots, fight, 2:56 p.m. 13400 block Portal, burglary alarm, 3:57 pm. 100 block El Camino Real, Skin Therapies, burglary alarm, 4:21 gm. 17200 block Who Boulevard. Sylvester and Kasten, 4:22 p.m. 17400 beck Via Linda, Park Tustin, identity theft, 4:45 p.m. 10600 black Emerson Bend, Emerson Homes, vandalism, 4:47 p.m. 18100 black Irvine Boulevard, Mervyn's. theft, 5:29 p.m, Trabuco and Culver, accident, 6;47 p.m. Swarm and Jamboree, accident with injuries, 8:17 p.m. 2800 block Walnut Avenue, Dei Mar Lighting, burglary alarm, 9:49 p.m. 10200 block Pioneer Road, Pioneer Read Park, parylmusk disturbance, 10:10 p.m. 12800 block Robinson Drive, Tustin Sports Park, reckless driving, 11 p.m. 2900 block EI Camino Real. Interior Surrounding, burglary alarm, 11:27 p.m. 15800 black Pasadena Avenue, Regency West, par ylmusk disturbance, 1134 p.m. April 24 1600 block Edinger Avenue, Gateway Mini Storage, loud subjects, 12:14 a.m. �.Ill5 G/i/j1J��5 c� 1/ /tiy✓r5n J� L http://www.ocregister.com/articles/block-16952 &-avenue-burglary. html 10/7/2012 nonce L-ans: April 2,-29 (prowler at Sycamore Glen Homes) I block, avenue, burglary - ... J4, April 29 4W btapc 4V. First Street. vandalism, 12:OB a.m. 1300 bock Bal Avenue. burglary alarm, 4:25 a.m. 2409 block Park Avenue, burglary alarm, 6:16 a.m. 15500 block Orchk Avenue, burglary alarm, 7 25 a.m. 3000 block Dow Avenue, Sumter Labs, structure fire, 9:08 a.m. 600 block W. Mein Street, Tustin Acres, auto then, 9:41 a.m. 100 block Cenlennlal Way, drunk In public, 9:41 a.m. 200 block Robinson Drive, Rancho Munlermy, theft, 9:57 a.m. 18100 block Irvine Boulevard. Mervyn's, shoplifter, 339 p.m. 15100 block Moir Court, Baarciitt, vandalism, 3:53 p.m. 14300 Red HIM Avenue. Avalons, Identify Melt, 4'56 p.m. 2700 block Michelle Curve, Schick Moving and Storage, burglary stand. 5:59 pm. 100 block Fashion Lane, SC Energy Management System, theft. 6 p.m. 2800 block Keller Drive, vandalism, 7:07 p,m. 130 block Nissan Road, Tustin Gamma, vandalism, 7:32 p.m. 1100 block Warner Avenue, Ricoh Electronics, burglary alarm. 9:30 p.m. 15500 block Sonora Street, Columbus Grove. burglary alarm, 941 p.m. 1700 block San Juan, Veeh Schad. loud guitar, 11:14 p.m. 1200 block Edinger Avenue, burglary alarm. 11:47 p.m. April 27 1300 block San Juan, mumspany disturbance, 12:01 a.m. 2600 block Walnut Avenue, AAA Quality Sell Storage, burglary alarm. 12'.57 a.m. 300 black Flyers Lane, Tustin Field I, party/music disturbance. 2:02 a.m. 2100 black Sweatbnar Road, party/music disturbance, 2:12 a.m. 1600 block Nissan Road. Wastmesier, Park, laud talking, 2:46 a.m. 700 block EI Camino Real, Shmeys Market, burglary alarm, 4:46 a.m. 1300 block Bell Avenue, Balboa Instruments, burglary alarm, 4:57 a.m. 14800 block Holt Avenue, Don Jose's. burglary alarm. 5:49 a.m. 2800 block Keller Dive. Mandevillas, auto theft. 5:53 a.m, 1100 block Bell Avenue, Ricoh Electronics, burglary alarm, 630 a.m. 175W block Linda Lane, vandalism, 7'.16 a.m. 13100 block Jamboree Road, Rite Aid, burglary alarm, 9:14 a.m. 1200 black ONam Drive, indecent exposure 9:54 a.m. 2400 block Park Avenue, Blueweter Bull, burglary alarm, 10',47 a.m. 2800 block Keller Dave, Mandevllles, vandalism, 1054 am. 15700 block Wdlams, Valencia Gardens, burglary alarm, 11:10 a.m. 3000 block Dow Avenue, CW Bearing, burglary alarm, 12:08 p.m. Walnut slid Cherywood, vandalism, 12:14 p.m. 14500 Clark Red Hill Avenue, Scherer Tire, vandalism, 2:55 p.m. 2200 black Silk Tree Dave, Man, 3:59 p.m. case 87110020598 17500 block 17th Street, Sunwest Bank, burglary alarm, 4:20 p.m. 1000 block Andrews, vandalism, 6:02 pm. 13200 block Newpon Avenue, Pointe Newport, asst uitflum ery, 6:16 p.m. 3200 block Carohwod Dive. Columbus Grove, burglary alarm, 6:45 p.m. 13200 block Jamboree Road, Burger King, vandalism, 6:54 p.m. 13800 block Kamm Way, vehicle theft, 6:55 p.m. Red Hill Avenue and 1.5, moment. 8:12 p.m. 13300 block Diamond Head Drive, vehicle thee, 8:15 p.m. 1,.. Newport Avenue, Aaron Brothers, burglary alarm, 9:02 p.m. April 26 '... U V, 1 Tustin Village Way, TV Townhames 1, music, 12:37 am. 1100 block Mitchell Avenue. Viiia Vallarm. Imspass, 1:15 a.m. 1500 Mock Parkway Loop, burglary alarm, 2:23 am, 500 block EI Camino Real, Reach Pit 880, commercial burglary, 6:38 a.m. THE BEST OF ORANGE COUNTY C:mnp ,.,,a .meet • 1.1, http://www.ocregister.com/articles/block-169528-avenue-burglary.html 10/7/2012 DiLeva, Adrianne From: Michelle Wong [michjwong@gmail.com] Sent: Monday, October 08, 2012 4:11 PM To: Reekstin, Scott Cc: DiLeva, Adrianne Subject: Re: CUP 2012-10 Wilcox Manor Good Afternoon Scott, I have reviewed the Agenda Report and have a few questions below that I would greatly appreciate your response to. If it would be easier to answer these questions over the phone, please let me know when would be a good time to give you a call. 1. Question: Who do we contact if guests park on Pasadena Avenue? How is this requirement going to be enforced? Reference: Condition 2.6: "There shall be no event parking on Pasadena Avenue or any other street. All guests and service providers shall park their vehicles on the property at 310. S. Pasadena Avenue, or at an off-site parking lot approved by the Director of Community Development. " Condition 2.16: "Invitations... shall clearly state that parking for the event shall be prohibited on Pasadena Avenue, 2nd Street, Myrtle Avenue, and any other street, and that the hosts of the event may be fined for each violation of this requirement. " 2. Question: For paid events with less than 100 guests, are the guests required to park at the off-site parking lot? Reference: Condition 2.12: "Far paid events with 100 guests or more, a minimum of two shuttle vans or buses shall provide continuous shuttle service... " Thank you, Michelle Wong 714-475-9116 On Fri, Oct 5, 2012 at 2:50 PM, Michelle Wong <michiwong cu amail.com> wrote: ---------- Forwarded message ---------- From: DiLeva, Adrianne <ADiLeva(a,tustinca.ore> Date: Fri, Oct 5, 2012 at 2:45 PM Subject: CUP 2012-10 Wilcox Manor To: Hello, Robin Fry 250 Pacific Street, Tustin, CA 92780 (714) 875-3057 robinfry@thefrys.net October 9, 2012 Planning Commission City of Tustin 300 Centennial Way Tustin, CA 92780 Re: Wilcox Manor Conditional Use Permit Application Dear Commissioners: I met Michael Demoratz and Undburgh McPherson shortly after they purchased their historic residence in November 2007. Having done plenty of renovation on my 1928 vintage old town Tustin home nearby, and seen their property while it was for sale, I greatly admired the tremendous challenge they had taken on. But on that day nearly five years ago, I never imagined the incredible metamorphosis that was about to take place. The dilapidated home with a neglected yard known as "310 Pasadena," was promptly transformed Into a grand historic gem: "Wilcox Manor." But Michael and Undburgh's significant investment in repairs and upgrades has resulted in much more than just an outstanding place to live; they have created an exceptional environment for building community. Always respectful of their neighbors, Michael and Undburgh have hosted events for a variety of philanthropical organizations in the past several years. From the comments I heard while acting as a volunteer docent at Wilcox Manor, these groups considered themselves very fortunate, even honored, to have the use of the Manor to celebrate their milestones, promote their causes, and deepen or build new relationships. On a personal note, these occasions have allowed me the opportunity to get acquainted with neighbors I otherwise may not have met, make new friends, and even reconnect with friends that I had lost track of. I have witnessed the delight of hundreds of visitors, many from outside of Tustin, who feel privileged to tour through such a beautifully preserved historic home and learn about the history of our area. By approving the Conditional Use Permit for Wilcox Manor, the local economy will be enriched, interest in the city of Tustin and its rich history will be promoted, and tremendous positive relationships and community spirit can continue to flourish) Because of these benefits, I strongly urge you to approve the Conditional Use Permit for Wilcox Manor. Thank you for your attention and consideration. Sincerely yours, RoUw i=r� Robin Fry Old Town Tustin Resident and Historic Home Owner since 1981 Tustin Area Historical Society Post President & Life Member RECEIVED Issues of concern for Tustin Planning Commission's Consideration tsf T 0 9 2012 Conditional Use Permit 2012-010 COMMIUNLTY DEVELOP NT for 24 Paid Events per year in a Residential Area. BY: Monday, October 8d', 2012. 1 recently became aware of the application for Conditional Use Permit 2012- 010 and would like my concerns about this permit to be entered into the public record, per the Public Notice 9513505, such that any future legal challenges to this permit might be recognized in any and all future actions against the subject property, the owners, City, and conditional use permit. For the purposes of this letter i will refer to Mr. Demoratz and Mr. McPherson as the Event Planners. I initially had many concerns about the project, but after reading through Resolution #4207 Exhibit A I endorse its complete adoption and application to the project along with some proposed additions. Parking problems and issues on Pasadena and the surrounding streets: While Res 4207 exhibit A addresses some parts of the issue, there are still serious concerns about the parking problems surrounding the events, specifically in light of the LACK of parking enforcement shown during the last few events which had NO EVENT PARKING signs posted. Those signs were largely ignored by the event attendees as well as the parking attendants and parking on the street for the residents of the northern cul de sac end of Pasadena was greatly impacted. The northern residences do not have driveway areas for private parking the way all the southern residences have. It would seem to be a fairly easy item to enforce by valet attendants. Simply post someone at the "T" of Pasadena and Myrtle and watch the parking activities. If someone parks a car and goes into a residence, they belong on the street, if they park and walk to the event site, they need to be turned back by the attendants, yet this HAS NOT taken place during past events. Res. #4207 exhibit A states that there will be NO parking allowed on Pasadena Ave and the surrounding streets, yet there is no mention of the methods expected to rectify the situation, fees, fines, City actions, nor any mention of How to rectify the situation. Who are the residents to call when a driver that is clearly attending the event has decided to ignore the signs? Is this a police matter? Assuming that they would want to be responsible for the attendees at the event, I feel that the Event Planners should publish a list of contact phone numbers to all residents of Pasadena, 2nd and Myrtle street twice a year which states who to contact in the event there are issues with any aspect of the event, Noise, parking, public intoxication, etc. In this manner the residents could inform them of any violations witnessed and they could announce, for example, that a vehicle with a specific license number was about to be towed, cited, etc. If the residents contact the Police department seeking resolution on an illegally parked vehicle, will the vehicle be towed, cited, fined, given a warning? Section 2.16 only states that the event planners will be fined if they give out the event site address on their invitations, but says nothing of any fines, fees, towing, etc. that will actually occur for the violations. If the vehicle isn't allowed it should be towed because that would be the only resolution to the parking problems faced by the residents. Therefore I feel that the remediation for offenses and the process for reporting offenses need to be defined clearly in Res. #4207 Exhibit A or the CUP. a Private versus Public or For Hire events: The application calls for a maximum of 24 PAID events per year — that leaves 341 days for NON PAID events. As all the residents of Pasadena avenue are well aware, there has been a plethora of NON -Paid events held in the past, whether for Garden Clubs, Conservancies, Tustin Community Foundations, Charities, etc. with all good intentions and outcomes, except for the residents of the northern Cul de Sac of Pasadena and 2nd St. It is hoped that the Planning Commission recognizes that once a license has been given for the subject property to become a commercial, or paid for, facility, that ALL events, whether paid for or not, are subject to all terms of the Permitted enterprise, much as it would for a Church either holding service on a Sunday or a mid week bake sale, and that the Planning Commission seriously considers limiting the TOTAL amount of Events, Paid or Not, at the subject site to some number per year. Appendix A uses the term "Paid Events" profusely throughout the exception declarations, leaving non -paid events open for interpretation. The application is also vague about exactly what kind of events are to be held as it is worded "such as" It would be in the best interests of the community that the City further defines the exact type of events that will be allowed. ("..24 Paid events per year SUCH AS Weddings and Banquets...") — I do not know if there is any Tustin Code which limits how many party events or persons in attendance per year which apply to private citizens, but if there is one it would seem that those codes and conditions should apply. It is hoped that even if the Conditional Use Permit is not granted, that the City and the Planning Commission recognizes the impact these events have had and will have on the residential neighborhood and the residents along with the parking problems these events pose and propose limiting the amount of non paid events that the Event Planners can host per year. After all, the city limits the number of Yard or Garage sales a Family Residence can host to four events per year! The Wilcox Manor events impact far more residents and for a much longer time period than most garage sales. I have been a resident of Pasadena Ave for over 20 years now, and have been through the freeway widening, the several upgrades to the streets, the test Well drilling, the final Well Drilling, the final Well planning and construction and many other disturbances. While many have been irritating and have impacted the peace, quiet and parking of the area, all have had a definitive start date and end date - none have the repeat effect of week after week that 24 paid for and who knows how many private events will have on the area, year after year. Most of the residents I have spoken to all agree, we would just like some Peace, Quiet, and Parking on our street! While Mr. Demoratz' and Mr. McPherson's Community service, Fund Raising and generosity along with the numerous favors they have bestowed are not in question, establishing this facility in the neighborhood without any regard for the impact they have had on the residents of the northern cul de sac section has been a very large NEGATIVE impact they have had on the area. It is hoped they will be very successful, hold true to the terms of the CUP, and extend their sense of civic responsibility to ALL of the Pasadena Ave. residents. Sincerely, Robert I. Nason 155 Pasadena Ave. Tustin, CA. 92780 d ` RECEIVED From: Teri [mai1to:teris2b5@yahoo.com1 Sent: Thursday, October 25, 2012 1:16 PM OCT 2 6 2017 To: Reekstin, Scott Subject: CUP 2012-10 COMMUNryDEVEipOP gENTDEPT Dear Scott Reekstin, I am writing regarding the Proposed Conditional Use Permit 2012-10 for the property located at 310 S. Pasadena Ave. which will adversely affect me and my and neighborhood. It is amazing to me how this issue has been "pushed through" the planning commission without verification of all the facts. I am a resident on Myrtle and the function's already held at the Wilcox Manor have created not only an additional traffic nightmare, but a parking disaster also. Of course the majority of these functions take place on the weekends which infringes on my only days off work to enjoy my own home and family. First of all, does anyone even realize that there is only ONE way in and the same ONE way out utilizing the small residential streets in order to access the Wilcox place? In fact, Pasadena Ave. is a cul-de-sac on BOTH ends, thus the turn around from guests first trying to locate the event center has been a nightmare. Many guests feel they are exempt to the shuttle and elect to park in our already limited street parking. The street and surrounding streets are ALL residential and we already feel the week day impact from the increased employee/client parking of the building on the corner of First and Myrtle. Although the owners of the Wilcox place state they will utilize a shuttle, I have already experience this unsightly and repetitive continuous interval of not only increased traffic, but now large vehicle traffic on a continuous run back and forth in front of my house in a futile attempt to shuttle guests back and forth. Still intended guests drive to the estate to locate their event and many, many elect to park on the side streets and walk to the event instead of utilizing the shuttle. In fact, when checking with the owner of the proposed site of parking at 621 W. First we have been told that he has NOT given permission. Regardless of any proposed off-site parking, the fact remains there IS and WML BE an increased traffic flow in our neighborhood. Now they want up to 5 a month? Since most gatherings are held in the summer and holidays, now we residents must also give up our own family event time so that these individuals can profit from their functions? I do not question the character of these to individuals as I do not know them, however, that is NOT the issue here. I find it interesting that fund raiser events have been held at this location for numerous candidates, potential candidates and their family members or friends. The fact that some numerous non-profit entities back this should not have any bearing on your decision as they do NOT live there. Easy for them to support something that has no cost to them and has NO affect on neighborhood or standard of living. How would these same recipients like the constant disruption to their neighborhood? I have found it interesting that these the owners of the Wilcox place do not even have a business license yet are listed on the Chamber of Commerce website as a member under event planner. How can this be? Is this not a conflict? If not, I would think it is most definitely a conflict that Lindbergh Macpherson in fact owns/operates Lindbergh Services & Rentals, Event and Set Decorator as evidenced on the web at: httn://www.sa2ardens.com/PS/ The listed contact phone number is in fact the same one listed on the Tustin Chamber of Commerce website: htti):Hbusiness tustinchamber ory,/Iist/member/wilcox-inanor- 822.htm It appears that this is just a clever attempt to grow ones business at the expense of the residents of Tustin. In addition, at the City Planning Commission on October 9th, the city attorney advised the members and attendees that a provisional CUP could be issued, however, on Oct. 23rd retracted his statement. How convenient that none of the local residents are aware of his retraction. If this CUP is approved all future owners of this property will inherit this permit! This CUP will lower the property values of the surrounding properties and thus attract only "affordable housing' residents. I believe this will be the beginning of the decline of old town Tustin. I urge you PLEASE do not approve this CUP. These individuals have already caused a major inconvenience in our neighborhood. I shutter to think what will happen when you ADD paid events to this already peace disturbing and traffic nightmare. There is in fact an event center on First street only blocks away. If the Wilcox place is trying to share the historical estate with the public, why then are all events limited only to the outside? There is a place for everything, If this were located on a busy street like Main or such it would be an all together different scenario. Every old historical building should NOT be allowed to be turned into a business venture, especially in a residential neighborhood with restricted access. Please do NOT allow this CUP. Thank you for your time and consideration. I pray that you make a decision that is good for all us residents who have lived there for many years and not place your favor for a resident who purchased the home only a few years ago in order to pursue a business venture. Please do not let your own opportunity to hold fundraisers there dictate what is good for our home and ultimately our town. Teri O'Toole Very Concerned Citizen and Resident of Tustin Dear Scott Reekstin, OCT 2 6 2012 COMMiNITY MVELOPMEW DEPT I am a property owner on Pasadena Ave and the above referenced CUP will directly affect my property. The property applying for this CUP has already made parking on our street a NIGHTMARE! Even with their'supposed already implemented shuttle' the influx of traffic has been an extreme problem as most of their guest drive down the street and either park or circle around looking for available parking. There is only one way to access Pasadena Avenue and the result has caused much headache and chaos during their already scheduled events. I truly believe that approving this CUP will adversely affect the property value of my home. My family has not been able to provide any parking for our own family during our family events and now these individuals plan to consume basically all holidays and summer weekends for their own financial gain. This is a RESIDENTIAL neighborhood with limited street access and limited entry. Please do NOT add to this already disturbing situation. Of course they came around and canvased the neighborhood telling us they were simply having a small gathering for a'grandma'. Although I have nothing against these homeowners, that is not the question here. Now with a proposed 200 attendee event my home life WILL BE drastically affected! At times they have had a shuttle bus, however, that monstrosity still must circle the street, await to load and unload. Catering trucks are not only noisy but also unsightly and do NOT belong in a residential neighborhood. I beg you to not allow this CUP. Respectfully, Dennis October 24, 2012 City of Tustin Planning Commission 300 Centennial Way Tustin, CA 92780 Attn: Scott Reekstin, Senior Planner Re: CUP 2012-10 Dear Mr. Reekstin: OCT 29 2012 COMMUNITY DEVELOPMENT DEPT OCT 0 2012 DEVELOPMENTDEPT I am a partner of 621 First St. Investments LP, owner of the property at 621 W. First Street in Tustin, and I am writing to correct statements made by the applicants representing the Wilcox Manor Trust as presented in the agenda report from the planning commission meeting held on October 9, 2012. On page 10 of the report, in the Parking and Traffic section, you state that "The applicants have proposed to provide parking at an off-site parking lot. They have made arrangements with the owner of the commercial property at 621 West First Street..." This is an incorrect statement. The applicant has no agreement with us, the owners of the property. I have contacted Lindburgh Mc Pherson (applicant) and he explained to me that he had spoken with the manager of the Orange County Office of Education facility (the tenants at our property) and he claimed that she had said that she had no problems with them using the facility for after-hours parking. In fact, we cannot allow after-hours parking on the site due to insurance restrictions. Thus we request that you correct the record to include this letter in all documentation regarding the proposed Conditional Use Permit 2012-10. We hope that applicants can find parking for their venue at another location. Sincerely, Steve Hartman, Partner 621 First Street Associates LP 6117 Reseda Blvd. Suite H Reseda, CA 91335 office 818 8813521 fax 818 8813206 The Legacy Foundation - Board Member — On Mon, 10/29/12, Michael Demoratz <mdemoratz(o)ama11.com> wrote: From: Michael Demoratz <mdemoratz(oamail.com> Subject: Wilcox manor meeting for city council vote November 6th To: "mdemoratz(a)amail.com" <mdemoratz(o)omail.com>, "L M" <lindmclno.yahoo.com> Date: Monday, October 29, 2012, 11:28 AM October 29, 2012 Greetings Friends of Wilcox Manor - The final meeting on the application for Conditional Use Permit goes before a vote at the Tustin City Council meeting on November 61h. We know this will be an exciting evening as the local, state and national elections will be wrapping up too, We need your assistance again. We anticipate this meeting will be much shorter as it is the national election night. If you are able to attend as supporter and/or speaker on behalf we would be grateful of course. It will be held at 713M @ 300 Centennial Way, Tustin CA. The purpose again of our pursuit of a CUP is to allow us to offset some of the burdensome costs of providing our home to charities - we hope to continue our work that has been so beneficial to so many in our community. Why this meeting is so much more important than the planning commission meeting? Our opposition headed by Brent Ferdig and Linda Jennings. She is the President of an organization she founded even though Tustin already has a Historical Society. Interestingly, her organization the Tustin Preservation Conservancy is not opposing us, but she is personally. They have gone on a campaign to slander our names and misrepresent what we are doing and who we are. Our supporters in Old Town have been told that they have confronted by people banging on their front doors stirring the pot on this issue. Now they have begun a campaign of going after potential partners - we were in negotiations on leasing a parking lot and they were able to reach the owner of the property before us and frankly - made it so we cannot lease this lot now. We were working closely with the department of education and frankly did not know that they did not own the lot. Now they have enjoined a woman named Teri O'toole, who owns a four plex on Myrtle (across the street from Mr Ferdig. Who, by the way Mr. Ferdig lives more than 600 feet from our property. No one on the street, some who have lived there for many years knows her or has ever seen her until she spewed vitriol at the planning commission meeting. The address - I found for her is in Lemon Heights - miles away from us. She does not know us and obviously doesn't care about how this might affectus or the relationship with our neighbors. These 3 individuals appear in the City of Tustin public record and everything I tell you can be corroborated by multiple individuals in this community. Every step of the way - they have contacted potential partners that we have been engaging. As an example, lets say you we're interviewing for a new position and hopeful to get a job only to find out that some person sharing lies about you simply to prevent you from getting the jobl Well - the bottomline is this - if this CUP is approved - that is when, and only when, we actually have to have a parking lot lease and plan for addressing traffic. We are NOT required to have it now - we're just trying to be good and respectful neighbors. Actually we are not required to follow any of the things in the CUP until Its approved - we just have to follow normal community standards as would anyone hosting a private event at their home. Why are they doing this? You'll have to ask them - we've done nothing to Mr Ferdig or Ms Jennings in the 5 years we have known them. They have been guests at our home and their organizations have benefited from events held at our home. Mr Ferdig amazingly was recently at our home eating our food and enjoying the Broadway in the Park Cast party - at the same time, slandering us in the city. Once Ms. Jennings found out that we were applying for the CUP (back in July) she went on a campaign of harassment and intimidation to the charities in Tustin who have been supported by us. The conversation she had with Lindburgh prior to our submittal basically said that we would never get this far - she would do everything in her power to stop us. Why? You can find her on 411.com and you can ask her yourself. She says were "nice people" yet behind our backs she has been stabbing us for years. At the end of the day - this is how democracy works - its not always pretty or nice - sometimes its evil and DIVISIVE. Twice in the last month - we have had vandalism to our property and while no proof exists as to who, we find it ironic that we have lived here for 5 years never having any problems and now after the planning commission where we received unanimous support from the planning commission to forward this the city council or final voting - that these things are occurring. This Is why we need to your help - once again - the meeting will be held @ 7PM on November 6th. at 300 Centennial Way, Tustin, CA Speaking is not required - your presence is welcomed and appreciated. You don't have to choose sides but that is apparently what they want. I do not believe that their behavior is about community. They do not care about who might be harmed in this process. if you have any questions or concerns you may contact us directly --- Michael @ 949-355-6000 or Lindburgh @ 626-422-5820 Thank you - Warmest regards, Michael and Lindburgh Reekstin, Scott From: Binsack, Elizabeth Sent: Tuesday, October 30, 2012 8:19 AM To: Reekstin, Scott Subject: FW: Wilcox manor meeting for city council vote November 6th From: Wendy Greene <wendyeeewhizRvahoo.com> Subject: Fw: Wilcox manor meeting for city council vote November 6th To: Date: Monday, October 29, 2012, 12:52 PM My dear friends, I ask that you read this letter from Michael and Lindburgh carefully and that you come to the City Counci meeting on Tuesday, November 6, at 7:00 pm at 300 Centennial Way, in Tustin. Even as we hold an election for our Country,State and our City of Tustin happening on the same day, I do hope you A make every effort to attend this meeting. It is SO important that we stand up and support these two men who have gi, SO much to our comunity. Lindburgh and Michael have opened their home and their hearts to all of us. There is hardly a group in Tustin that ha - benefitted by the generosity of these good people. Non -profits organizations have all profitted by having a beautiful p to hold fund-raising activities- each one of us and our organizations have had a share in these activities. I think back to the first time I ever attended a special event at Wilcox Manor. It was the very first Volunteer Luncheon t at the Manor. I had absolutely no idea of who these gentllemen were - had no idea of whose home this was. All I know is that there were FORTY NINE non- profit organizations recognizing a volunteer from each organization who had demonstrated out -standing skills in serving our Tustin community as well as others. PLEASE show your appreciation and caring for Michael and Lindburgh - they deserve our TOTAL support With love for you all, Wendy S. Greene Tustin Area for Fine Arts - Board Member Tustin Area Historical Society - Board Member Tustin Area Woman's Club - Board Member Tustin Community Foundation - Advisory Board MAURIELLO LAW FIRM, APC A Professional Law Corporation THOMAS D. MAURIE Lt.O" 1181 Puerta Del Sol, Ste. 120 San Francisco Office 'ALSO ADMITTED IN NJ k PA San Clemente, CA 92673 350 Sansome St., Ste, 400 Tel: (949) 542-3555 San Francisco, CA 94104 Fax: (949) 606-9690 Tel: (415) 677-1238 e-mail: tomm@mmrlaw.com Fax: (949) 606-9690 www.maurtaw.com RECEIVED November 2, 2012 NOV 02 2012 VIA EMAIL AND U. S. MAIL COMMUNITY DEVELOPMENT DEPT Members of the City Counsel City of Tustin 300 Centennial Way Tustin, CA 92780 Re: Comments to Proposed Conditional Use Permit No. 2012-10 (Expansion of uses at 310 South Pasadena Avenue) Dear Council Members: My firm represents Tustin resident Brent Ferdig, and I am writing on behalf of Mr. Ferdig to comment on the CUP 2012-10, which proposes an expansion of uses at 310 South Pasadena Avenue (the "Project"). The Project involves expansion of the use of the property to allow up to 24 paid events per year, involving up to 200 guests per event, in addition to fundraising events. The General Plan Land Use Designation and zoning designation of the Project property at 310 S. Pasadena is Low Density Residential and Single Family Residential (RI). The Planning Commission recommended that the City approve the Project in compliance with the California Environmental Quality Act ("CEQA") based on certain categorical exemptions under CEQA. Based on our review of the record for this Project and the relevant law, we believe that the Project's environmental review is legally inadequate and we request that the Council deny the CUP unless and until an Initial Study or Environmental Impact Report is prepared. In particular, our concerns are that: the categorical exemption is not appropriate, the limited environmental analysis that has been performed does not adequately identify actual environmental impacts, and the analysis improperly defers the analysis and identification of environmental impacts. In addition to the environmental review issues, we have two procedural concerns about the City Council's handling of the Project. First, holding the vote on Election Day presents a potential scheduling conflict and hardship for voters who may wish to vote and/or otherwise participate in informal or informal election -related events on Election Night. We therefore request that the vote be continued to the next regularly scheduled Council meeting. Second, we respectfully request that the Mayor recuse himself from this vote because of a conflict of interest or at least appearance of conflict of interest as the Mayor's wife is the Executive Director of the Tustin Community Foundation, which utilizes the Project property frequently for fundraising events. Members of the City Counsel Re: Comments to Proposed CUP 20122-10 November 2, 2012 Page 2 Our concerns are detailed below. CERA "The purpose of CEQA is to protect and maintain California's environmental quality. With certain exceptions, CEQA requires public agencies to prepare an EIR for any project they intend to carry out or approve whenever it can be fairly argued on the basis of substantial evidence that the project may have a significant environmental effect. " (Communities for a Better Environment, 103 Cal.AppAth at 106-107 (Footnotes omitted.) The California Supreme Court has "repeatedly recognized that the EIR is the 'heart of CEQA.' (Citations.] 'Its purpose is to inform the public and its responsible officials of the environmental consequences of their decisions before they are made. Thus, the EIR "protects not only the environment but also informed self-government ""' (Laurel Heights Improvement Assn. v. Regents of University of California (1993) 6 CalAth 1112, 1123, italics added.) The Planning Department states that the project is exempt from CEQA review because the "existing facilities" exemption under CEQA applies. This exemption applies only where there is a proposed operation or minor alteration of existing public or private structures or facilities that involves negligible or no expansion of use beyond that existing at the time of the lead agency's determination. The key consideration is whether the project involves negligible or no expansion of an existing use. See Pub. Res. Code sec. Section 21083 and 21084; Bloom v. McGurk (1994) 26 Cal.App.4th 1307. Accordingly, a project with significant cumulative impacts or which otherwise has a reasonable possibility of resulting in a significant effect does not qualify for this exemption. The Project proposes to allow up to 24 paid events per year involving up to 200 visitors per event, in addition to fundraising events. In addition, the Project proposes to implement off- site parking and a valet/shuttle bus system to ferry visitors to and from the Project site for events. The Project poses potential impacts on traffic, noise, air quality, parking and the character of the neighborhood, and these impacts have not been examined. This expansion of use is not negligible. Given the additional impacts of the Project, it cannot be stated conclusively that the Project would not have significant cumulative impacts or otherwise have a reasonable possibility of resulting in a significant effects. Therefore, this exemption is inappropriate. Members of the City Counsel Re: Comments to Proposed CUP 20122-10 November 2, 2012 Page 3 Substantial Evidence Supports A Fair Argument That The Proiect May Cause Signni icant Impacts An environmental impact report ("EIR") is required under CEQA where substantial evidence supports a "fair argument" that the Project may cause significant environmental impacts. See, e.g. No Oil, Inc. v. City of Los Angeles (1974) 13 Cal.3d 68, 75 ("if a lead agency is presented with a fair argument that a project may have a significant effect on the environment, the lead agency shall prepare an EIR even though it may also be presented with other substantial evidence that the project will not have a significant effect"); Communities for a Better Environment, 103 Cal.AppAth at 106-107 (footnotes omitted)("CEQA requires public agencies to prepare an EIR for any project they intend to carry out or approve whenever it can be fairly argued on the basis of substantial evidence that the project may have a significant environmental effect"). This "fair argument" standard presents a "low threshold" for requiring preparation of an EIR.. See, e.g., Sundstrom v. County of Mendocino (198 8) 202 Ca1.AppYd 296, 310. The California Supreme Court has "repeatedly recognized that the EIR is the `heart of CEQA' [Citations.] `Its purpose is to inform the public and its responsible officials of the environmental consequences of their decisions before they are made. Thus, the EIR "protects not onlythe environment but also informed self-government ""' g (Laurel Heights Improvement Assn. v. Regents of University of California (1993) 6 CalAth 1112, 1123, italics added. As noted above, the Project proposes to allow up to 24 paid events per year involving up to 200 visitors per event, in addition to fundraising events, and proposes to implement off-site parking and a shuttle bus system to ferry visitors to and from the Project site for events. As such, the Project may have impacts on traffic, noise, air quality, parking and the character of the neighborhood, as well as visual impacts through signage, waste removal, and other issues. The noise issue is a particular concern to surrounding residents, as the Agenda Report provides, inter alia: "Live entertainment and /or amplified sound are proposed to occur at many, if not all, of the proposed outdoor events." (p. 10.) Furthermore, the Agenda Report also states: "The applicants have proposed to provide parking at an off -site parking lot. They have made arrangements with the owner of the commercial property at 621 West First Street, and a shuttle service, to provide parking and transportation to and from the event site." (p. 10.) We understand that this statement is incorrect, as the owner of 621 West First Street has not and will not enter into such an agreement. The full scope of the above impacts is not presently known, because the potential impacts have barely been identified much less examined. Some of the statements made in support of the Project's lack of impacts are not substantiated, e.g., the comment at the Planning Commission hearing that noise in the rear of the property may not be heard at the front of the property. It cannot be concluded that these impacts will not be significant. Based on what we know about the Project, substantial evidence supports a fair argument that the Project may cause significant impacts. An EIR is thus required. Members of the City Counsel Re: Comments to Proposed CUP 20122-10 November 2, 2012 Page 4 Imoroner Deferral ofEnvironmental Analvsis CEQA requires that environmental impacts be examined at the time of consideration of the project, and in general it is improper to defer analysis of impacts. See Sundstrom V. County of Mendocino (1988) 202 Cal.App.3 at 307. Yet, the Project's environmental impacts in terms of parking are being deferred, in that the location of the parking lot and shuttle pickup area is not currently identified. Moreover, the Agenda Report states indicates that examination of important impacts related to parking is being formally deferred until after the Project is approved: `Because the off -site parking location and arrangements have the potential to change in the future, staff recommends through proposed Condition of Approval 2. 7 of Planning Commission Resolution No. 4207, that a parking and traffic management plan for the off -site parking lot be provided a minimum of thirty (30) calendar days prior to the first paid outdoor event that utilizes the approved off-site parking lot." (p. 10.) As the California Supreme Court has explained, environmental review must occur before the project is approved if the analysis is to be anything other than a "post hoc rationalization of a decision already made." No Oil, Inc. v. City ofLos Angeles (1974) 13 Cal.3d 68, 81. As a result, the parking impacts, traffic impacts, noise impacts, air quality impacts, and other impacts have not been examined. For this reason, until the location of the parking lot and shuttle pickup are determined and then analyzed in an Initial Study or an Environmental Impact Report, the Project cannot be approved. Lack of Alternatives Analysis That Would Be Provided in an EIR As discussed above, we believe that an EIR is legally required here as potentially significant impacts exist. If an EIR is prepared, it would continue a mandatory analysis of project alternatives, including not only a "no project" alternative, but also potential variations on this Project (including parking arrangements) that might mitigate or ameliorate the impacts that concern my client. CEQA Guidelines Section 15126. Alternatives must meet most of the project objectives and avoid or substantially lessen one or more of the project's significant impacts (CEQA Guidelines Section 15124). City Council Meetin¢ Vote Scheduled for Election Day Aside from the environmental issues, we take issue with the Council holding a vote on this issue at a meeting on Election Day, a scheduling decision seems unusual if not unprecedented. Many people will be taking time out of their busy schedules to vote in local, state, and national elections that day. Some citizens will not be able to take the time off work or from family obligations to both vote and attend a Council meeting. Still other citizens will want or need to be following the elections that evening, and some may be participating in formal or informal election related events. Scheduling a Council vote on this issue on Election Day may interfere with the election process and unnecessarily interfere with the schedules of Tustin citizens. We request that the Council continue the matter to the next regularly scheduled Council meeting Members of the City Counsel Re: Comments to Proposed CUP 20122-10 November 2, 2012 Page 5 Conflict oflnterest We understand that the Mayor's wife is the Executive Director of the Tustin Community Foundation, which utilizes the Project property frequently for fundraising events. As a result, although we are not claiming that there has been any impropriety, we do believe that it would be a conflict of interest— and certainly at a minimum would be an appearance of a conflict of interest --for Mayor Nielsen to participate in a vote on this Project. We therefore request that the Mayor recuse himself from the vote on this issue. Conclusion Based on the above, we believe that the CEQA exemption and the environmental analysis (such as it is) are legally inadequate. We therefore respectfully ask that Council deny the CUP application for the Project and request that an EIR or, at a minimum, an Initial Study, be prepared. We also request that the Council reschedule the vote to a date other than Election Day Thank you for your consideration of our comments. We would be happy to discuss these issues further, to meet with Planning staff or the project applicant, and to answer any questions that you may have. Very truly yours, Thomas D. Mauriello cc: Mr. Brent Ferdig City Clerk RECEIVED From: Sam Corey (maiito:samcorev020gmail coml NOV 02 2012 Sent: Thursday, November 01, 2012 9:00 PM To: Sam Corey Subject: Petition Against CUP 2012-10 (310 S. Pasadena Ave) COMMUNITY DEVELOPMENT DEPT Hello, My name is Samuel Corey and my wife and I reside at 147 S. Myrtle Ave. Our residence is within one block of the subject residence in question. We have lived here for the past seven years. I had attended the previous public meeting regarding the the proposed conditional use permit and find it unbelievable that it was even recommended by the planning commission. I don't think a parade of the petitioner's "fan club" justifies a decision to grant their proposal. Of the eight purposes listed for the existence of the "Cultural Resource District" not one of them applies to this proposal. On the contrary, their existence is to insure the general welfare of the City's residence, of whom we are. This proposal would only increase unnecessary traffic noise on weekends, which is really the only reprieve we have from the already heavy traffic noise we get during the week, being that Myrtle is a cut through street. Not only that, but it would cause an already parking problem worse, and most likely a loitering and disturbance problem from the proposed events. As far as property values go, this proposal would definitely negatively affect the value of property within the immediate neighborhood: I speak with some credibility and back ground knowledge, previously being a State licensed residential real estate appraiser. Safety in the neighborhood is another reason to reject this proposal, especially since there most likely will be a lot of intoxicated individuals at these events. Not everyone coming to the events will abide by the supposedly off site parking facility and will eventually fill our streets. This would make it almost impossible far any other residents of this neighborhood to have any of their visitors such as family to come over because there would be no parking. Finally, this is a residential neighborhood consisting of single and multi family units. It is not a commercial zone. We live here and desire to have peace and quiet the best we can, given the crowded area of Southern California. It is a great disservice to a neighborhood when one neighbor decides to turn their house into a commercial money making venture that causes the rest of the neighborhood to suffer. This is not a mutually beneficial and carefully thought out proposal. From my perspective, this is a desperate attempt to recover from an obvious investment gone bad by overspending and overbuilding a residence that wasn't compatible with the neighborhood, at the expense of all the other neighbors. I truly hope you seriously consider the people who live in the immediate area before you consider this proposal. A better way to enhance property values, increase economic and financial benefits to the City and its inhabitants is to develop and preserve residential areas with good affordable housing, and peaceful quiet neighborhoods that will draw people to live and shop in Tustin, as we have for the last 20 years and more recently here in Old Town. We are not home owners, but renters, who have a favorable place to live at a reasonable cost because of the mutually beneficial relationship we have with our landlord. We are pleased to live here as long as things do not go the way of this proposal. Sincerely yours, Samuel T. Corey RECEPYED NOV 05 2012 Petitions Against CUP 2012-12 OFFtCE_TU Om OL�' RK TO: Tustin CityCouncil, 300 Centennial Way, Tustin, CA 92780 P•�.� ��� .Proposed Conditional Use Permit for the property located at 310 S. Pasadena Avenue allows the following: • Maximum of 24 paid outdoor events shall be allowed per calendar year • Maximum of five (5) paid outdoor events shall be allowed per calendar month regardless of holiday or time of year. • Maximum attendance at each paid outdoor event shall not exceed 200 people, including service provid- ers, such as caterers, musicians, photographers, ecL • Events, including set up activities, shall take place only between 10:00 am. and 10:00 p.m. • A shuttle van or bus shall provide continuous shuttle service to and from 310 S. Pasadena Avenue and the approved off site parking beginning no latex than one hour prior to the event and ending once all guests and service providers have vacated the property. For paid events with 100 guests or mote, a minimum of two shuttle vans or bases shall provide continuous shuttle service, unless otherwise ap- proved by the Director of Community Development. We, the undersigned, are opposed to CUP 2012.12 and strongly believe it will adversely Iffect our neighborhood in the following ways to name only a few. ❑ Negative impact on preserving our residential neighborhood ❑ Decrease the quality of life in our neighborhood ❑ Decrease the public safetyin our neighborhood Decrease the property values of our homes ❑ Substantially increase the traffic flow in our neighborhood ❑ Impede on already limited availability of street parking ❑ Set a unwanted precedent that would allow other non-residential uses in our residential neighborhood ALL OF THE ABOVE r// ❑ Additional Comments Petition Against CUP 2012-10 TO: Tustin City Council, 300 Centennial Way, Tustin, CA 92780 Proposed Conditional Use Permit for the property located at 310 S. Pasadena Avenue allows the following: • Maximum of 24 paid outdoor events shall be allowed per calendar year • Maximum of five (5) paid outdoor events shall be allowed per calendar month regardless of holiday or time of year. • Maximum attendance at each paid outdoor event shall not exceed 200 people, including service provid- ers, such as caterers, musicians, photographers, ect. • Events, including set up activities, shall take place only between 10:00 a.m. and 10:00 p.m. • A shuttle van or bus shall provide continuous shuttle service to and from 310 S. Pasadena Avenue and the approved off site parking beginning no later than one hour prior to the event and ending once all guests and service providers have vacated the property. For paid events with 100 guests or more, a minimum of two shuttle vans or buses shall provide continuous shuttle service, unless otherwise ap- proved by the Director of Community Development. We, the undersigned, are opposed to CUP 2012-10 and strongly believe it will /adversely affect our neighborhood in the following ways to name only a few: \egative impact on preserving our residential neighborhood \ tf ecrease the quality of life in our neighborhood ecrease the public safety in our neighborhood Decrease the property values of our homes Substantially increase the traffic flow in our neighborhood Impede on already limited availability of street parking Set a unwanted precedent that would allow other non-residential uses in our residential neighborhood ALL OF THE ABOVE //''�, /� Additional Comments QAC/ A r,tiC/ 81404 i t.S S J,q u -e IeRi 0 77< I s ,h q Peen t ng -)r)D i �-i Cu / -4- 1`i m 2 ci1wak/s bei°n 0, 1d.-Pnj 4 ADDRESSIRE my�zf/e �v-e .1 vw h hot- hadci dL4 r; dt1f t' Lullctf- IU -�h; S Petition Against CUP 2012-10 TO: Tustin City Council, 300 Centennial Way, Tustin, CA 92780 Proposed Conditional Use Permit for the property located at 310 S. Pasadena Avenue allows the following: • Maximum of 24 paid outdoor events shall be allowed per calendar year • Maximum of five (5) paid outdoor events shall be allowed per calendar month regardless of holiday or time of year. • Maximum attendance at each paid outdoor event shall not exceed 200 people, including service provid- ers, such as caterers, musicians, photographers, ect. • Events, including set up activities, shall take place only between 10:00 a.m. and 10:00 p.m. • A shuttle van or bus shall provide continuous shuttle service to and from 310 S. Pasadena Avenue and the approved off site parking beginning no later than one hour prior to the event and ending once all guests and service providers have vacated the property. For paid events with 100 guests or more, a minimum of two shuttle vans or buses shall provide continuous shuttle service, unless otherwise ap- proved by the Director of Community Development. We, the undersigned, are opposed to CUP 2012-10 and strongly believe it will adversely affect our neighborhood in the following ways to name only a few: EfNegative impact on preserving our residential neighborhood VGlcrease the quality of life in our neighborhood 5Kecrease the public safety in our neighborhood Decrease the property values of our homes substantially increase the traffic flow in our neighborhood V Impede on already limited availability of street parking LY Set a unwanted precedent that would allow other non-residential Xes m our residential neighborhood `I ALL OF THE ABOVE Petition Against CUP 2012-16 TO: Tustin City Council, 300 Centennial Way, Tustin, CA 92780 Proposed Conditional Use Permit for the property located at 310 S. Pasadena Avenue allows the following: • Maximum of 24 paid outdoor events shall be allowed per calendar year • Maximum of five (5) paid outdoor events shall be allowed per calendar month regardless of holiday or time of year. • Maximum attendance at each paid outdoor event shall not exceed 200 people, including service provid- ers, such as caterers, musicians, photographers, ect. • Events, including set up activities, shall take place only between 10:00 a.m. and 10:00 p.m. • A shuttle van or bus shall provide continuous shuttle service to and from 310 S. Pasadena Avenue and the approved off site parking beginning no later than one hour prior to the event and ending once all guests and service providers have vacated the property. For paid events with 100 guests or more, a . minimum of two shuttle vans or buses shall provide continuous shuttle service, unless otherwise ap- proved by the Director of Community Development. We, the undersigned, are opposed to CUP 2012-10 and strongly believe it will adversely affect our neighborhood in the following ways to name only a few: ❑ Negative impact on preserving our residential neighborhood ❑ Decrease the quality of life in our neighborhood ❑ Decrease the public safety in our neighborhood ❑ Decrease the property values of our homes ❑ Substantially increase the traffic flow in our neighborhood ❑ Impede on already limited availability of street parking ❑ Set a unwanted precedent that would allow other non-residential p� end neighborhood �1 ALL OF THE ABOVE ❑ Additional Comments Petition Against CUP 2012-10 TO: Tustin City Council, 300 Centennial Way, Tustin, CA 92780 Proposed Conditional Use Permit for the property located at 310 S. Pasadena Avenue allows the following: • Maximum of 24 paid outdoor events shall be allowed per calendar year • Maximum of five (5) paid outdoor events shall be allowed per calendar month regardless of holiday or time of year. • Maximum attendance at each paid outdoor event shall not exceed 200 people, including service provid- ers, such as caterers, musicians, photographers, ect. • Events, including set up activities, shall take place only between 10:00 a.m. and 10:00 p.m. • A shuttle van or bus shall provide continuous shuttle service to and from 310 S. Pasadena Avenue and the approved off site parking beginning no later than one hour prior to the event and ending once all guests and service providers have vacated the property. For paid events with 100 guests or more, a minimum of two shuttle vans or buses shall provide continuous shuttle service, unless otherwise ap- proved by the Director of Community Development. We, the undersigned, are opposed to CUP 2012-1eand strongly believe it will adversely affect our neighborhood in the following ways to name only a few: L3/Decrease impact on preserving our residential neighborhood L3Decrease the quality of life in our neighborhood W/Decrease the public safety in our neighborhood Decrease the property values of our homes WSubstantially increase the traffic flow in our neighborhood �1I pede on already limited availability of street parking �IGI Set a unwanted precedent that would allow other non-residential us in our residential neighborhood ALL OF THE ABOVE Petition Against CUP 2012-1® TO: Tustin City Council, 300 Centennial Way, Tustin, CA 92780 Proposed Conditional Use Permit for the property located at 310 S. Pasadena Avenue allows the following: • Maximum of 24 paid outdoor events shall be allowed per calendar year • Maximum of five (5) paid outdoor events shall be allowed per calendar month regardless of holiday or time of year. • Maximum attendance at each paid outdoor event shall not exceed 200 people, including service provid- ers, such as caterers, musicians, photographers, ect. • Events, including set up activities, shall take place only between 10:00 a.m. and 10:00 p.m. • A shuttle van or bus shall provide continuous shuttle service to and from 310 S. Pasadena Avenue and the approved off site parking beginning no later than one hour prior to the event and ending once all guests and service providers have vacated the property. For paid events with 100 guests or more, a minimum of two shuttle vans or buses shall provide continuous shuttle service, unless otherwise ap- proved by the Director of Community Development. We, the undersigned, are opposed to CUP 2012-10 and strongly believe it will adversely affect our neighborhood in the following ways to name only a few: ❑ Negative impact on preserving our residential neighborhood ❑ Decrease the quality of life in our neighborhood ❑ Decrease the public safety in our neighborhood ❑ Decrease the property values of our homes ❑ Substantially increase the traffic flow in our neighborhood ❑ Impede on already limited availability of street parking ❑ Set a unwanted precedent that would allow other non-residential /4 uses in our residential neighborhood ALL OF THE ABOVE ❑ Additional Comments -G4,4 (A - Petition Against CUP 2012-10 TO: Tustin City Council, 300 Centennial Way, Tustin, CA 92780 Proposed Conditional Use Permit for the property located at 310 S. Pasadena Avenue allows the following: • Maximum of 24 paid outdoor events shall be allowed per calendar year • Maximum of five (5) paid outdoor events shall be allowed per calendar month regardless of holiday or time of year. • Maximum attendance at each paid outdoor event shall not exceed 200 people, including service provid- ers, such as caterers, musicians, photographers, ect. • Events, including set up activities, shall take place only between 10:00 a.m. and 10:00 p.m. • A shuttle van or bus shall provide continuous shuttle service to and from 310 S. Pasadena Avenue and the approved off site parking beginning no later than one hour prior to the event and ending once all guests and service providers have vacated the property. For paid events with 100 guests or more, a minimum of two shuttle vans or buses shall provide continuous shuttle service, unless otherwise ap- proved by the Director of Community Development. We, the undersigned, are opposed to CUP 2012-1® and strongly believe it will adversely affect our neighborhood in the following ways to name only a few: ❑ Negative impact on preserving our residential neighborhood ❑ Decrease the quality of life in our neighborhood ❑ Decrease the public safety in our neighborhood ❑ Decrease the property values of our homes ❑ Substantially increase the traffic flow in our neighborhood ❑ Impede on already limited availability of street parking ❑ Set a unwanted precedent that would allow other non-residential uses in our residential neighborhood ALL OF THE ABOVE //-- q ❑ Additional Comments � 7Z /1"LU /6VZ `l._ Yk sdxentz /S a of h" i h 14os )k_�) M 1)14.1 O i' YM J Q.►r l 1— H w4 A. I/9, Petition Against CUP 2012- 16 TO: Tustin City Council, 300 Centennial Way, Tustin, CA 92780 Proposed Conditional Use Permit for the property located at 310 S. Pasadena Avenue allows the following: • Maximum of 24 paid outdoor events shall be allowed per calendar year • Maximum of five (5) paid outdoor events shall be allowed per calendar month regardless of holiday or time of year. • Maximum attendance at each paid outdoor event shall not exceed 200 people, including service provid- ers, such as caterers, musicians, photographers, ect. • Events, including set up activities, shall take place only between 10:00 am. and 10:00 p.m. • A shuttle van or bus shall provide continuous shuttle service to and from 310 S. Pasadena Avenue and the approved off site parking beginning no later than one hour prior to the event and ending once all guests and service providers have vacated the property. For paid events with 100 guests or more, a minimum of two shuttle vans or buses shall provide continuous shuttle service, unless otherwise ap- proved by the Director of Community Development. We, the undersigned, are opposed to CUP 2012-12 and strongly believe it will adversely affect our neighborhood in the following ways to name only a few: ® Negative impact on preserving our residential neighborhood .FdDecrease the quality of life in our neighborhood Decrease the public safety in our neighborhood Decrease the property values of our homes Substantially increase the traffic flow in our neighborhood Impede on already limited availability of street parking Set a unwanted precedent that would allow other non-residential uses in our residential neighborhood nI ALL OF THE ABOVE W.1 Additional Comments _ Petition Against CUP 2012-11V TO: Tustin City Council, 300 Centennial Way, Tustin, CA 92780 Proposed Conditional Use Permit for the property located at 310 S. Pasadena Avenue allows the following: • Maximum of 24 paid outdoor events shall be allowed per calendar year • Maximum of five (5) paid outdoor events shall be allowed per calendar month regardless of holiday or time of year. • Maximum attendance at each paid outdoor event shall not exceed 200 people, including service provid- ers, such as caterers, musicians, photographers, ect. • Events, including set up activities, shall take place only between 10:00 a.m. and 10:00 p.m. • A shuttle van or bus shall provide continuous shuttle service to and from 310 S. Pasadena Avenue and the approved off site parking beginning no later than one hour prior to the event and ending once all guests and service providers have vacated the property. For paid events with 100 guests or more, a minimum of two shuttle vans or buses shall provide continuous shuttle service, unless otherwise ap- proved by the Director of Community Development. We, the undersigned, are opposed to CUP 2012-1® and strongly believe it will adversely affect our neighborhood in the following ways to name only a few: ❑ Negative impact on preserving our residential neighborhood ❑ Decrease the quality of life in our neighborhood ❑ Decrease the public safety in our neighborhood ❑ Decrease the property values of our homes ❑ Substantially increase the traffic flow in our neighborhood ❑ Impede on already limited availability of street parking ❑ Set a unwanted precedent that would allow other non-residential --uses in�o _�idential neighborhood ALL OF THE AB E ` ❑ Additional Comments irn her I ISo 5, m it tle CA� Il® - 30 (2 Petition Against CUP 2012-V TO: Tustin City Council, 300 Centennial Way, Tustin, CA 92780 Proposed Conditional Use Permit for the property located at 310 S. Pasadena Avenue allows the following: • Maximum of 24 paid outdoor events shall be allowed per calendar year • Maximum of five (5) paid outdoor events shall be allowed per calendar month regardless of holiday or time of year. • Maximum attendance at each paid outdoor event shall not exceed 200 people, including service provid- ers, such as caterers, musicians, photographers, ect. • Events, including set up activities, shall take place only between 10:00 a.m. and 10:00 p.m. • A shuttle van or bus shall provide continuous shuttle service to and from 310 S. Pasadena Avenue and the approved off site parking beginning no later than one hour prior to the event and ending once all guests and service providers have vacated the property. For paid events with 100 guests or more, a minimum of two shuttle vans or buses shall provide continuous shuttle service, unless otherwise ap- proved by the Director of Community Development. We, the undersigned, are opposed to CUP 2012-1® and strongly believe it will adversely affect our neighborhood in the following ways to name only a few: ❑ Negative impact on preserving our residential neighborhood ❑ Decrease the quality of life in our neighborhood ❑ Decrease the public safety in our neighborhood ❑ Decrease the property values of our homes ❑ Substantially increase the traffic flow in our neighborhood ❑ Impede on already limited availability of street parking precedent that would allow other non-residential uses in our ALL OF THE I—1 l S -1-i I✓ Petition Against CUP 2012-12 TO: Tustin City Council, 300 Centennial Way, Tustin, CA 92780 Proposed Conditional Use Permit for the property located at 310 S. Pasadena Avenue allows the following: • Maximum of 24 paid outdoor events shall be allowed per calendar year • Maximum of five (5) paid outdoor events shall be allowed per calendar month regardless of holiday or time of year. • Maximum attendance at each paid outdoor event shall not exceed 200 people, including service provid- ers, such as caterers, musicians, photographers, ect. • Events, including set up activities, shall take place only between 10:00 a.m. and 10:00 p.m. • A shuttle van or bus shall provide continuous shuttle service to and from 310 S. Pasadena Avenue and the approved off site parking beginning no later than one hour prior to the event and ending once all guests and service providers have vacated the property. For paid events with 100 guests or more, a minimum of two shuttle vans or buses shall provide continuous shuttle service, unless otherwise ap- proved by the Director of Community Development. We, the undersigned, are opposed to CUP 2012-12 and strongly believe it will adversely affect our neighborhood in the following ways to name only a few: ❑ Negative impact on preserving our residential neighborhood ❑ Decrease the quality of life in our neighborhood ❑ Decrease the public safety in our neighborhood ❑ Decrease the property values of our homes ❑ Substantially increase the traffic flow in our neighborhood ❑ Impede on already limited availability of street parking ❑ Set a unwanted precedent that would allow other non-residential mouses in our residential neighborhood �..1 ALL OF THE ABOVE ❑ Additional Comments Petition Against CUP 2012-12 TO: Tustin City Council, 300 Centennial Way, Tustin, CA 92780 Proposed Conditional Use Permit for the property located at 310 S. Pasadena Avenue allows the following: • Maximum of 24 paid outdoor events shall be allowed per calendar year • Maximum of five (5) paid outdoor events shall be allowed per calendar month regardless of holiday or time of year. • Maximum attendance at each paid outdoor event shall not exceed 200 people, including service provid- ers, such as caterers, musicians, photographers, ect. • Events, including set up activities, shall take place only between 10:00 a.m. and 10:00 p.m. • A shuttle van or bus shall provide continuous shuttle service to and from 310 S. Pasadena Avenue and the approved off site parking beginning no later than one hour prior to the event and ending once all guests and service providers have vacated the property. For paid events with 100 guests or more, a minimum of two shuttle vans or buses shall provide continuous shuttle service, unless otherwise ap- proved by the Director of Community Development. We, the undersigned, are opposed to CUP 2012-12 and strongly believe it will adversely affect our neighborhood in the following ways to name only a few: ❑ Negative impact on preserving our residential neighborhood ❑ Decrease the quality of life in our neighborhood ❑ Decrease the public safety in our neighborhood ❑ Decrease the property values of our homes ❑ Substantially increase the traffic flow in our neighborhood ❑ Impede on already limited availability of street parking ❑ Set a unwanted precedent that would allow other non-residential uses in our residential neighborhood JdW ALL OF THE ABOVE ❑ Additional Comments Petition Against CUP 2012-10 TO: Tustin City Council, 300 Centennial Way, Tustin, CA 92780 Proposed Conditional Use Permit for the property located at 310 S. Pasadena Avenue allows the following: • Maximum of 24 paid outdoor events shall be allowed per calendar year • Maximum of five (5) paid outdoor events shall be allowed per calendar month regardless of holiday or time of year. • Maximum attendance at each paid outdoor event shall not exceed 200 people, including service provid- ers, such as caterers, musicians, photographers, ect. • Events, including set up activities, shall take place only between 10:00 a.m. and 10:00 p.m. • A shuttle van or bus shall provide continuous shuttle service to and from 310 S. Pasadena Avenue and the approved off site parking beginning no later than one hour prior to the event and ending once all guests and service providers have vacated the property. For paid events with 100 guests or more, a minimum of two shuttle vans or buses shall provide continuous shuttle service, unless otherwise ap- proved by the Director of Community Development. We, the undersigned, are opposed to CUP 2012-V and strongly believe it will adversely affect our neighborhood in the following ways to name only a few: ❑ Negative impact on preserving our residential neighborhood ❑ Decrease the quality of life in our neighborhood ❑ Decrease the public safety in our neighborhood ❑ Decrease the property values of our homes ❑ Substantially increase the traffic flow in our neighborhood ❑ Impede on already limited availability of street parking ❑ Set a unwanted precedent that would allow other non-residential u re . ntial neighborhood OF THE ABOVE ❑ Additional Comments Petition Against CUP 2012,V --y C) TO: Tustin City Council, 300 Centennial Way, Tustin, CA 92780 Proposed Conditional Use Permit for the property located at 310 S. Pasadena Avenue allows the following: • Maximum of 24 paid outdoor events shall be allowed per calendar year • Maximum of five (5) paid outdoor events shall be allowed per calendar month regardless of holiday or time of year. • Maximum attendance at each paid outdoor event shall not exceed 200 people, including service provid- ers, such as caterers, musicians, photographers, ect. • Events, including set up activities, shall take place only between 10:00 a.m. and 10:00 p.m. • A shuttle van or bus shall provide continuous shuttle service to and from 310 S. Pasadena Avenue and the approved off site parking beginning no later than one hour prior to the event and ending once all guests and service providers have vacated the property. For paid events with 100 guests or more, a minimum of two shuttle vans or buses shall provide continuous shuttle service, unless otherwise ap- proved by the Director of Community Development. We, the undersigned, are opposed to CUP 2012-12 and strongly believe it will adversely affect our neighborhood in the following ways to name only a few: ❑ Negative impact on preserving our residential neighborhood ❑ Decrease the quality of life in our neighborhood ❑ Decrease the public safety in our neighborhood ❑ Decrease the property values of our homes ❑ Substantially increase the traffic flow in our neighborhood ❑ Impede on already limited availability of street parking ❑ Set a unwanted precedent that would allow other non-residential uses in our residential neighborhood SSI ALL OF THE ABOVE ❑ Additional Comments Petition Against CUP 2012-10 TO: Tustin City Council, 300 Centennial Way, Tustin, CA 92780 Proposed Conditional Use Permit for the property located at 310 S. Pasadena Avenue allows the following: • Maximum of 24 paid outdoor events shall be allowed per calendar year • Maximum of five (5) paid outdoor events shall be allowed per calendar month regardless of holiday or time of year. • Maximum attendance at each paid outdoor event shall not exceed 200 people, including service provid- ers, such as caterers, musicians, photographers, ect. • Events, including set up activities, shall take place only between 10:00 a.m. and 10:00 p.m. • A shuttle van or bus shall provide continuous shuttle service to and from 310 S. Pasadena Avenue and the approved off site parking beginning no later than one hour prior to the event and ending once all guests and service providers have vacated the property. For paid events with 100 guests or more, a minimum of two shuttle vans or buses shall provide continuous shuttle service, unless otherwise ap- proved by the Director of Community Development. We, the undersigned, are opposed to CUP 2012 -IID and strongly believe it will adversely affect our neighborhood in the following ways to name only a few: ❑ Negative impact on preserving our residential neighborhood ❑ Decrease the quality of life in our neighborhood ❑ Decrease the public safety in our neighborhood ❑ Decrease the property values of our homes ❑ Substantially increase the traffic flow in our neighborhood ❑ Impede,on already limited availability of street parking ❑ Se a unwanted precedent that would allow other non-residential ses in our residential neighborhood " ALL OF THE ABOVE ❑ Additional Comments Petition Against CUP 2012-10 TO: Tustin City Council, 300 Centennial Way, Tustin, CA 92780 Proposed Conditional Use Permit for the property located at 310 S. Pasadena Avenue allows the following: • Maximum of 24 paid outdoor events shall be allowed per calendar year • Maximum of five (5) paid outdoor events shall be allowed per calendar month regardless of holiday or time of year. • Maximum attendance at each paid outdoor event shall not exceed 200 people, including service provid- ers, such as caterers, musicians, photographers, ect. • Events, including set up activities, shall take place only between 10:00 am. and 10:00 p.m • A shuttle van or bus shall provide continuous shuttle service to and from 310 S. Pasadena Avenue and the approved off site parking beginning no later than one hour prior to the event and ending once all guests and service providers have vacated the property. For paid events with 100 guests or more, a minimum of two shuttle vans or buses shall provide continuous shuttle service, unless otherwise ap- proved by the Director of Community Development. We, the undersigned, are opposed to CUP 2012-10 and strongly believe it will adversely affect our neighborhood in the following ways to name only a few: ❑ Negative impact on preserving our residential neighborhood ❑ Decrease the quality of life in our neighborhood ❑ Decrease the public safety in our neighborhood ❑ Decrease the property values of our homes ❑ Substantially increase the traffic flow in our neighborhood ❑ Impede on already limited availability of street parking ❑ "'a unwanted precedent that would allow other non-residential uses in our residential neighborhood ALL OF THE ABOVE ❑ Additional Comments Petition Against CUP 2012-14) TO: Tustin City Council, 300 Centennial Way, Tustin, CA 92780 Proposed Conditional Use Permit for the property located at 310 S. Pasadena Avenue allows the following: • Maximum of 24 paid outdoor events shall be allowed per calendar year • Maximum of five (5) paid outdoor events shall be allowed per calendar month regardless of holiday or time of year. • Maximum attendance at each paid outdoor event shall not exceed 200 people, including service provid- ers, such as caterers, musicians, photographers, ect. • Events, including set up activities, shall take place only between 10:00 am. and 10:00 p.m. • A shuttle van or bus shall provide continuous shuttle service to and from 310 S. Pasadena Avenue and the approved off site parking beginning no later than one hour prior to the event and ending once all guests and service providers have vacated the property. For paid events with 100 guests or more, a minimum of two shuttle vans or buses shall provide continuous shuttle service, unless otherwise ap- proved by the Director of Community Development. We, the undersigned, are opposed to CUP 2012-10 and strongly believe it will adversely affect our neighborhood in the following ways to name only a few: ❑ Negative impact on preserving our residential neighborhood ❑ Decrease the quality of life in our neighborhood ❑ Decrease the public safety in our neighborhood ❑ Decrease the property values of our homes ❑ Substantially increase the traffic flow in our neighborhood ❑ Impede on already limited availability of street parking ❑ Set a unwanted precedent that would allow other non-residential uses in our residential neighborhood ❑ ALL OF THE ABOVE ❑ Additional Comments RECEIVED From: Chad Ordleb rmailto:cortlieb cityoforanae.org] NOV 05 2012 Sent: Monday, November 05, 2012 8:14 AM To: Reekstin, Scott COMMUNITY DEVELOPMENT DEPT Subject: Wilcox Manor Hi Scott, I plan to oppose the Wilcox Manor project and submit a letter to that effect. I'm sorry that I didn't contact staff prior to the PC meeting last time with advance notice. I did not intend to put staff on the spot. I had just read the staff report the night before the PC meeting. I could have put forth a better effort in contacting you the day before the meeting — again, I'm sorry. Upon further analysis of the project, I believe it increases the odds that what I will leave my son with someday may become tainted by the proposed use in our lifetime and/or his. I have to put family first. Additionally, I feel a moral obligation to share my professional knowledge of the ramifications of the proposed use to neighbors. We have a neighborhood discussion about the project with Councilmember Gomez on Saturday morning, at which time I voiced my concerns. There are a comprehensive list of challenges to the project that I plan to present in a letter to preserve legal rights in case the Council approves the project. I will take time off this afternoon to create a letter for presentation into the record tomorrow. Would staff be available meet with me towards the end of the day to hear what my arguments will be? I have to leave for a noon meeting around 11:30 today. If staff can meet, I would be appreciative if you could let me know before I leave for the day. Also, if you can meet, will you let me know who would be in attendance? Thank You From: Wtamaleoie(dlaol.com rmailto:Wtamaleoiepaol.coml NOV �� Z�7� Sent: Sunday, November 04, 201210:32 AM To: jnielson6tustinca ora• Murray, Al; Reekstin, Scott Cc: Amante, 3erry, Gaveilo, Deborah; Gomez, Rebecca COMMUNITY DEVELOPMENT DEPT Subject: Re:proposed Conditional Use Permit for 310 S. Pasadena Ave, Tustin I would like to register my opposition to granting this permit for the following concerns; The area is already heavily impacted with dense residential occupancy and increased parking in that area. I do not feel allowing 10 hours a day for operation of a business of this nature in a residential area; would be in the best interests for persons living in the neighborhood or on nearby streets. It is my understand from speaking with Mr.Scott Reekstin that they are asking that the 10 pm curfew be extended to 11 pm to accomodate those leaving the property via shuttles. On several occasions neighborhood parties have gone on beyond the 10 pm curfew which has interferred with those who have to rise early to travel outside the city for jobs. Late hours of this nature also interfere with the youngsters getting proper rest before school. I oppose increasing curfew, period. I feel that should this use permit be allowed, it might well set the precedence for others requesting same permits and same increased curfew hours. We need to think about increased traffic, increased delivery trucks for those catering, delivering band equipment, etc. We have Tustin Tiller Days, Concerts and other fundraisers which also impact traffic in the area, but not 7 days a week and hours from 10am to 10pm with curfew extended to 11 pm. That is not good for our property values, getting our rest and maintaining the ambiance of Old Town Tustin. I understand from Mr. Reekstin that two shuttles are planned. How many trips would be needed for moving 200 people for each occasion. I am sure like any other business. time will be needed to build the business to accomodate 7 days of events paid or unoaid 13 hours per day. Those shuttles will be moving freely picking up passengers who leave the events early or those people not wanting to wait for the shuttles will be walking the streets to their cars. That means a possibility of increased foot traffic. Please consider my opposing this venture via e-mail. My husband passed recently after a long illness and I just do not have the heart to attend anything just now. I also want you to know that during his illness, I have registered complaints with the Tustin Police Dept due to loud parties with noisy revelers and loud music so he could get his proper rest. Everyone household has it's own schedules of one kind or another and I would hope that their needs be taken into consideration. I am sure the residents of 310 S. Pasadena could operate a business of choice somewhere besides on a crowded residential street. You will note that there is only one street allowing entry or exit for Pasadena with closed Cul de Sacs at each end. How many of the people on Pasadena especially will be limited in their own personal mobility. Also how about Emergency Vehicles trying to move throughout the neighborhood. One of the residents on Pasadena (in the house behind my own) has mentioned Tustin Police cars parking at night on the street due to the need for their presence.. Police logs should verify that information. I would hope you take into account the fact that your meeting is being held on Election Night which could eliminate some of those people attending the meeting on this issue. Thank you. Sincerely, Arlene Woodson 340 So Myrtle Ave. Tustin November 3, 2012 Ms. Elizabeth Binsack Director of Community Development City of Tustin 300 Centennial Way Tustin, CA 92780 Dear Elizabeth, L B O RECEIVED NOV 05 2012 COMMUNITY DEVELOPMENT DEPT I am a 26 year resident of Tustin. Over the past three years, I have come to know Lindburgh McPherson and Michael Demoratz through the countless charitable events they have hosted on behalf of many area non profit organizations. They have unselfishly offered the use of Wilcox Manor at no charge to the nonprofits. In addition to the venue, they have included all other amenities required to host a major event: tables, chairs, bars, linens, umbrellas, tableware, flatware, glassware, and in some instances food and spirits. The countless hours they spend in the organization of the events goes unnoticed by most. I understand that they have applied for a Conditional Use Permit which has been approved by the Planning Commission and will be going to the City Council for their review. I personally wholeheartedly support the City Council approving this Conditional Use Permit. This will offer city residents a beautiful and historic venue to host gatherings which is currently lacking in Tustin, and will provide for additional revenue streams to the city. I know that both Michael and Lindburgh have been very thoughtful, considerate and diligent about the entire process. The area non profits and the City of Tustin have been blessed by all that these two men do for our community. Because of their generosity and unwavering support, many non profits have saved thousands of dollars in expenses which has allowed them to maximize their efforts in support of their individual missions. There are also intangible benefits to their generosity. Through them, relationships have been fostered, many new friendships have blossomed, and organizations are actively collaborating with one another. They have made a profound impact and have had a positive effect on the entire community. Lindburgh, Michael and Wilcox Manor are a treasure and an extraordinary gift to the City of Tustin and the numerous non profits in the areal Please feel free to contact me if you need anything further. Best regards, Z Lynda Bjoin RECEIVED INlOV 05 2012 From: Deborah Gavello (mailto:dgavelio(a)hotmail.com] COMMUNnYDEVELOPMENT DEPT Sent: Sunday, November 04, 2012 8:54 PM To: Najera, Stephanie Subject: sent to me from Dennis Otoole- regarding council item- please forward to other council members Date: Sat, 3 Nov 2012 17:39:05 -0700 From: crtranch(cDsbcolobai.net Subject: Re: To: dgavello0hotmail.com I own the property located at 135 & 137 S. Pasadena. I also own the property at 750 W. First Street where the "walk through" of Pasadena Avenue continues to First Street. My daughter and I share this office and I rent the property on Pasadena. My current tenants are threatening to move due to all the chaos on the street. I receive numerous calls regarding the limited parking, the traffic and increased walk through of "party goers". Especially since many leave their trash on my property's lawn or curb in front of the units. Since it is at the end of the cu -de -sac, people from these events feel it is okay for them to park there. I fear that if my tenants vacate, the quality of tenant I will be able to attract will most definitely be un -desirable or not long term. This has already been a nightmare and adding paid events only ensures a definite increase of the problem. Especially since more alcohol will most likely be involved. Catering trucks etc. are unsightly on a regular basis in a residential neighborhood. I dread to think if an emergency were to occur during one of these events how any rescue unit will be able to navigate through the ever narrowing streets. Regardless of the intent to utilize a shuttle, I can attest that even now, individuals disregard that option. I have come down to try and understand my tenants complaints when they call. Although my attempts to assist them are sincere, I remain helpless in this situation. I am adamantly opposed to allowing a business in a residential neighborhood. Especially since it is a small streetwith a cul-de-sac on both ends. Please do not allow the destruction of what is left of our small, old town neighborhood. Thank you. Dennis ._.v.................r.... ....,.0 ,....._ ...� .....� ....... n..0 uw.. u6 ........u.r... .n..y ..v. s� r h^u , u�.. . - va ✓ From: Tina Blenz <tinamarty@aol.com> To: CityCouncil <CityCouncil@tustinca.org> Cc: Tinamarty <Tinamarty@aol.com>; tinamarty <tinamarty@sbcglobal.net> Subject: Conditional Use Permit 2012-10, City Council Matting November 6th, 2012, 7pm Date: Mon, Nov 5, 2012 5:28 pm From: Martin and Tina Blenz 270 S. Pasadena ave. Dear Tustin City Council members, We live directly next door to the Applicants, Mr Demoratz and Mr. McPherson. They are good neighbors. However, sadly, we are against issuing the CUP permit. Martin Blenz spoke for the family against the CUP at the Planning Commission Meeting on October 8th, 2012. Our family read through the Agenda report for the City Council Meeting to be held on November 6th, 2012 with the new information received by the City since the Planning Commission meeting. Our opposition to the CUP has not changed. The following are our comments on the Applicant's proposed changes (Per Attachment T") to the Planning Commission Resolution 12-102, and the wording of it as approved by the Planning Commission on October 9th, 2012 1.5 Applicants request deletion of the restriction stating that three administrative Citations in one year results in the CUP being revoked or a new CUP meeting is held by the Planning Commission and/or the Tustin City council. We feel, that if the CUP is finally approved, this restriction should still be in the final document. This restriction gives at least some teeth to the conditions of use. The applicants fear is that vindictive complaints will cause unfair citations to be issued. The Tustin City Police Officers are trained to sort these out, as are the city Code Enforcement Officers that would be issuing any Citations incurred. We believe that the restriction should be kept in place if the CUP is to be approved. 2.2 Applicants request that a total of 36 events, both paid and unpaid, be allowed. The Planning Commission said that 24 would be the limit for parties over 49 people and that the applicants would be able to come before the planning commission after a year to review the total, if it was found that more would be needed, and all conditions had been met, more events could be added. We prefer this approach, if the CUP must be granted. 2.6 This restriction approved by the Planning Commission has no teeth. The ONLY possible way to prevent and enforce this provision would be that the City, install official "No parking at any time without permit" signs on the streets most effected by the events, giving the residents a set number of permits. What cost would this be to the City and residents? As it sits, anyone can legally park on the street, event or not. A sign in front of the event has no legal force of law. Event goers regularly disregard the event Valets as to the parking at the lot requirements set by the applicants. Parking issues are the major complaint against the granting of the CUP. 2.7 Applicants would like the requirement that some form of event guest ID be provided to their guests. The planning commission put this requirement in so as that event attendees would need to have their ID given to them by the valet/shuttle drivers in order to attend the event. No ID requirement means that anyone might be able to park in the street as there are no requirements as to signs that the street is off limits to event parking, except in front of their own home (See restriction 2.6). Also, it's more likely that party crashers would be able to attend these events, or that more than the 200 person maximum would attend these events if no ID is required. We prefer that the restriction stay in place, per the Planning Commissions recommendations, if the CUP is approved. 2.12 Applicants request eliminating the requirements that only regular mini vans or full size vans of no more than 12 passengers be used as shuttle vehicles. They also request to eliminate the requirement that no Diesel fueled vehicles be used, and eliminating the requirement that ADA accessible shuttles be used. One last element which is wished to be removed is the three minute maximum idling requirement. The Planning Commission requested these added restrictions to lower the impact of large, Diesel powered shuttle buses idling in front of the Wilcox Manor and using the streets between the parking lot and the event would have on the neighborhood. Large vehicles parked in front of the Manor dropping off people will largely block the Southern end of Pasadena avenue, causing residents' normal traffic to back up behind the bus as it drops off or picks up passengers. Large vehicles add to the congestion on Myrtle which is rather narrow to begin with, http://mai I.aol.com/37130-112/ao1-6/en-us/mail/PrintMessage.aspx 11/5/2012 VV1l41tI V1141 V.IY 1 Y11144 LV lL`1 V, �lt� Y..V4t1Y 11. lYlYttlll� 3\V YYIIIVYI V41, LVIG, /t1111 1 ar l G V l J and there is a very narrow section of Pasadena avenue directly in front of the Wilcox manor. Residents at these choke points usually have vehicles parked along the street as they have limited or no extra parking due to the number of the vehicles they own, or no driveway being available. Another purpose of this restriction is so as not to block the street for emergency response vehicles, (See section 2.40) ADA accessible vans should be required. At the latest event on October 27th, 2012, disabled people were allowed to park in the Applicants driveway, no real issue there in this case, but after three vehicles in total, the driveway was filled. This event was a comparatively small one. At least one of the required shuttle vehicles should be equipped with ADA ramps so that disabled people would not have to be dropped off or park directly at the event, they could use the approved parking lot/structure. As to the idling requirement, current California Air Resources Board (CARB) requirements are that ANY commercial Diesel vehicle, over 10,000 pounds Gross Vehicle Weight Rating (GVWR) can idle for no more than 5 minutes total. See CARB web site for more info::htto7/www orb ca qov/ms rg cgltruck idlin Jg factsheet pdf One further comment is that the shuttle van used at the latest event was using our driveway to perform three point turns. (See linked pictures below) This may have been due to laziness on the driver's part, or it may be due that even for a 12 passenger full size van, the turn at the end of the street is too tight. The Cul -de -Sac at the Southern end of Pasadena Ave. is usually surrounded with parked cars owned by the residents of the homes and apartments at the end of the street which makes it hard to turn there without making a three point tum. Large vehicles often need to make multiple point turns at that end of the street to be able to turn around. Some trucks, due to their size, need to back up down the street. http /ls551 ohotobucket com/albums/ii475lMartvSo al/'1 action=view!Scurrenf=EventShuq nui gggLlrivewayonOct27th2012jpg These issues should be addressed if the CUP is to be approved. CARB standards should not be ignored, ADA requirements should not be ignored either, and in the future regulations will change, for which wording should be in the restriction that these regulations be followed as a condition of use. 2.13 Applicants wish to eliminate the restriction that an attendant/valet be present to direct any guests that using the shuttle is a requirement. This restriction is present as a means to enforce the "No Event Parking on Myrtle, 2nd street, Pasadena ave., or any other city street" rule, (see restriction 2.6). This rule should remain as is, if the CUP is to be approved. 2.17 Applicants wish to eliminate the three minute idling restrictions. This restriction was put into place to lower the impact on the immediate neighborhood. Current CARB rules require that any Diesel fueled commercial vehicles over 10,000 GVWR cannot idle over 5 minutes. This restriction should be kept in place, or at minimum, be amended so that all shuttle vehicles comply with any and all current and future CARB rules. (See notes on restriction 2.12 above) 2.22 Applicants wish to eliminate the restriction that the CUP is only applicable to the current owners. This restriction was approved by the Planning Commission because the main reason that the CUP was even approved at all was on the reputation of the current applicants. Most neighbors were completely unaware that A CUP STAYS WITH THE PROPERTYI The main reason that immediate neighbors, that we have spoken with are OK with the CUP is the fact that the reputation and generosity of the Applicants is without question. Any new owner of the property should have to repeat the complete process for a NEW CUP if the current ownership changes. This is probably the most important restriction in our opinion. 2.29 Applicants wish to eliminate the need to post the time and date of the events thirty (30) days in advance of the event. If the time is not posted, neighbors that are planning events of their own may find them to be in conflict. With no time or number of days notice required, events could be scheduled at any time after it is posted, basically no public notice requirement is the result if this change is accepted. As to the approval by the City Council at the meeting on November 6th, 2012. We feel that if any members of the current City Council that have benefited personally from any charitable events, Political fundraisers, campaign contributions or other direct support of their candidacy by the Applicants, Mr Demoratz and Mr. McPherson, in the current or past elections should excuse themselves from the hearing concerning the issuance of the Conditional Use Permit 2012-10 so as to avoid a conflict of interest. Sincerely, Martin and Tina Bienz http://mai I.ao1.com/37130-1 12/ao1-6/en-us/mail/PrintMessage.aspx 11/5/2012 ,... , .,...,......,..- .v, "..y wu..w.0 m..uu.�, �,VmjI[Loci UUt, LIIIG, iintt 270 S. Pasadena ave. Tustin CA rage 1 w J http://maii.aoi.com/37130-112/aol-6/en-us/mai I/PrintMessage.aspx 11/5/2012 • http:/C551. photobucket.coni/albumsrii475/MartySoCal/EventSbuttlerusingourdrivewayon... 11/5/2012 IMPORTANT INFORMATION FO RUCK AND BUS DRIVER Regarding California's Antl4dling Regulations DOES YOUR DIESEL TRUCK HAVE A GROSS VEHICLE WEIGHT RATING GREATER THAN 10,000 POUNDS? If yes, then the following applies to you. IDLING FOR MORE THAN 5 MINUTES IS PROHIBITED WITHIN CALIFORNIA'S BORDERS. AS OF JANUARY 1. 2008. THIS PROHIBITION ALSO APPLIES TO SLEEPER BERTH TRUCKS DURING PERIODS OF SLEEP AND REST. WHY IS THERE AN IDLING LIMIT? Unnecessary idling: • Produces emissions that contribute to cancer, premature death, and other serious health problems. • Wastes fuel and contributes to global warming. WHAT ARE THE VIOLATION PENALTIES? Fines start at $300 and can be as much as $1000 per day. Violators may also face criminal charges. IF I CAN'T IDLE, WHAT CAN I DO ABOUT CAB COMFORT? Here is a list of some available idle reduction technologies: • Battery -Powered Auxiliary Power Systems • Fuel -Fired Heaters (restrictions apply - visit www.arb.ca.aov/noidle for details) • Diesel -Fueled Auxiliary Power Systems (restrictions apply - visit www.arb.ca.gov/noidle for details) • Truck stop infrastructures that provide heating, cooling, electricity, and/or other services at various locations throughout California • Visit www.arb.ca.gov/r-abcomfort for information on these and other idle reduction technologies. ARE THERE SITUATIONS WHEN IDLING IS ALLOWED? Yes, idling under the following situations is acceptable: • You are stuck in traffic. • When idling is necessary for inspecting or servicing your vehicle. • You are operating a power take -off device. • You cannot move because of adverse weather conditions or mechanical failure. • You are queuing (must be beyond 100 feet from any residential area). • Your truck's engine meets the optional NOx idling emission standard and your truck is located beyond 100 feet from any residential area. Please visit www.arb.ca.gov/noidle for a complete list of exemptions. ARE THERE RESTRICTIONS THAT APPLY TO IDLE REDUCTION TECHNOLOGIES? Yes, here are some restrictions that apply: • You cannot operate a diesel -fueled auxiliary power system for more than 5 minutes if you are located within 100 ft of a residential area. • If your truck has a 2007 or newer model year engine, your diesel -fueled auxiliary power system or fuel -fired heater must meet additional equipment requirements. • Please visit www.arb.ca.gov/noidle for more information. DOES MY TRUCK NEED A NEW LABEL? A special hood label is required if. • Your truck has a 2007 or newer model year engine and you operate an engine -based auxiliary power system within California, or • Your truck's engine meets the optional NOx idling emission standard and you idle for more than 5 minutes within California. WHERE CAN I GET MORE INFORMATION? • Contact the California Air Resources Board at 1 -800 -END -SMOG (1-800-363-7664) • Visit Our Program Webpage at: www.arb.ca.gov/noidle. Other laws, regulations, and restrictions may apply. Nothing In this fact sheet or in the referenced regulation sections allows Idling In excess of other applicable laws, regulations, and restrictions. City Clerk From: Jeff Gallagher <ocpd44@gmail.com> Sent: Monday, November 05, 2012 3:21 PM To: City Clerk Subject: Letter of Opposition to Proposed CUP 2012-10 Attachments: Letter of Opposition to Wilcox Manor.pdf Attached is a letter I wish to have made a formal part of the record for the subject matter. I would appreciate it being forwarded to the individual city council members as well as being made a part of the agenda packet. Regards, Jeff "Hollywood" Gallagher KB6SUP Sgt. E-4 USAF7276 Honorably Discharged, Honored to Serve www.ourtowntustin.com 714-206-6398 "If you can't annoy somebody with what you write, I think there's little point in writing." Kingsley Amis, British novelist, 1971 9 • Jeff Gallagher The Rockhouse 415 W Main Street Tustin, California 9278o Tustin City Council 300 Centennial Way Tustin, California 92780 Ladies and Gentlemen The purpose of this letter is to oppose the application for Conditional Use Permit 2012-10. I live on Main Street in the vicinity of the Wilcox Manor and agree with other opposition letters that have been submitted to you in that parking and traffic will be adversely impacted by the granting of this permit. As it stands, the owners of the property currently do not have a plan to mitigate parking issues and blatantly lied to the planning commission at an October meeting when they said they had a lease agreement in place. In any case, any traffic mitigation plan put into place is likely to be unenforceable by the city and would adversely affect the entire Old Town residential area. The owners have circulated a letter to their supporters and on Facebook. A copy of that letter is in the current Agenda Packet you have for this issue. That letter brags that they do not need to comply with parking issues until after the CUP is granted. This statement and the unwarranted attacks on long time residents who oppose the application, demonstrates their utter disregard for their neighbors and exposes their real disregard for Old Town Tustin and its residents. Further, I believe the city erroneously listed the CUP application as being exempt from CEQA. Although the owners of Wilcox Manor have been holding large parties and events for years, to the chagrin of many of their neighbors, it is only the fact the events were "free" that kept them from having to obtain the necessary permits. Now that they wish to run a business venture in the heart of the Old Town residential area, the city's curt dismissal of CEQA is notable. CEQA was specifically instituted for this type of issue where neighborhoods could be adversely affected by noise, traffic and waste. Clearly, the frequent appearance of 200 party -goers and their vehicles will impact the area. The Community Development Department also listed rezoning as one option. Citing the varying zones on that side of Myrtle Street, they make it appear as though the re -zoning would be appropriate when it certainly would not. Looking at the zoning for that street, it is clear that much of the property is city owned for a well. By necessity, the property was rezoned. There is also a walking trail or park on that side of the street. None of this has to do with rezoning what is inarguably a residence to business in what is clearly a residential neighborhood. Further, should the city council decide to vote on this matter, I strongly suggest Mayor John Nielsen recuse himself from all discussions and votes on this issue. His wife, Erin Nielsen, is the Executive Director of the Tustin Community Foundation, an organization that receives funding from the city and that stands to directly benefit Ell Jeff Gallagher from the continued use of Wilcox Manor for fundraising activities (McPherson and Demoratz have threatened to stop allowing the use of the property for fundraising if the CUP does not go through). Although there may be no legal conflict of interest, there is certainly an appearance of one. More than that, Nielsen is the direct recipient of campaign contributions from the Wilcox Manor Trust as well as the applicants themselves in a cumulative amount that, coupled with his free use of the Wilcox Manor for campaign activities, would certainly raise an issue with the Fair Political Practice Commission. And, though the city appears to have no campaign contribution limits or conflict of interest codes regarding this, there is still an appearance —if not a factual- conflict should the Mayor choose to vote on this matter. Finally, in considering this application, I also urge the city council to look past the large number of so-called supporters for this CUP. Most of them are not residents of the affected area. Many represent non-profit interests outside the city and some even come from outside of Orange County. A number of residents in the area have written to support the CUP. Just as many have voiced their opposition to the matter and they deserve equal or better consideration as it is their life and lifestyle that would be drastically affected. Please make this part of the public record as this matter goes before the Tustin City Council. I urge all members to deny this application and keep the integrity of Tustin's iconic Old Town intact. Respectfully, Jeff Gallagher The Rockhouse 2• Chad rtlieb RECEIVE© 195 S. Myrtle Ave Tustin, CA 92780 NOV G 6 2012 COMMUNITY DEVELOPMENT DEPT November 6, 2012 City of Tustin Attn: Honorable Mayor and Councilmembers 300 Centennial Way Tustin, CA 92780 SUBJECT: CONDITIONAL USE PERMIT 2012-10, PARTY FACILITY AT 310 S. PASADENA AVENUE Dear Honorable Mayor and Councilmembers, Thank you for your service to your constituents and to your time and consideration of the subject application. I do not support the subject application as it is proposed and request that it be denied for any of the reasons within this letter. For the record and to establish my qualifications for your consideration of all the considerations in this letter, I have about 18 years of municipal code enforcement and planning experience. I served as an Associate Planner for the City of Tustin for about 3.5 years and am currently a Senior Planner for the City of Orange, Reasons to deny the application are as follows: The approval authority statement in the staffreport is incorrect. The zoning does not allow the proposed use. The staff report states that the City Council may consider the proposed use/application pursuant to Tustin City Code (TCC) Section 9252j2(a)(2). However the statement is incorrect. TCC Section 9252j2(a)(2) states "All uses shall be permitted in the Cultural Resources Overlay District as are authorized in the underlying Residential District." Furthermore, "The City Council may also permit other nonlisted uses which support the purposes of the district as a conditional use following a public hearing and recommendation by the Planning Commission." (emphasis added) The project's single family residential (RI) district does not allow party facilities. But TCC Section 923362. conditionally permits "party facilities including birthday party businesses" in the C2 zoning district. Therefore, the proposed use is not authorized or nonlisted because RI district omission of the "party facility" use mentioned in the C2 district means the party facility use is acknowledged by the City but not allowed in the RI district. Further bolstering the argument that the parry facility use was specifically omitted from the RI district is the fact that churches are both contemplated uses and listed as conditionally permitted uses in both the RI and C2 zone. Hence, there was careful intent Chad Ortlieb 195 S. Myrtle Ave Tustin, CA 92780 in crafting the code by our City forbearers and the thought process envisioned should be honored by denying the application. For the record, the C2 district also conditionally permits, churches, fraternal organizations and lodges and, clubs and social halls. Given that the use is not allowed by the code, any policy created to allow the use for nonprofit events use should also be invalidated by the Council. If the council wishes to establish a policy or new code for nonprofit events, careful consideration should be given to the parameters to which the policy would apply, not just to allow unlimited events. A good start would to be basing the policy on very accurate findings linked to the Cultural Resource District. If the City has any intent to approve this use the proper application should be a General Plan Amendment(s), Zone Change to R3, Zone Text Amendment, Environmental Impact Report for disclosure of Citywide impacts of such uses in R3 zones and their associated off-site parking lots. 2 Contrary to the City's legal staff indications at the Planning Commission meeting, the proposed use will run the life of the land, The City and neighborhood have no idea what the future operations will look like, who will operate them, and in what manner they intend to operate them. Furthermore, the use proposes catering with many if not all events including alcoholic beverage service and there are no restrictions on the type of events (weddings, birthday parties, graduations, etc). Hence, the use could involve emotionally charged events and the addition of alcohol leverages tremendous odds during the life of the use (conceivably forever) of one day contributing to a DUI, fights, public intoxication, public urination, loud conversations, litter, patrons getting hit by cars, or worse. Furthermore, the use itself will have ramifications on noise and cause a commercial feel to the neighborhood. Given the life of the entitlement, the odds increase with time that negative effects and problems will occur in the neighborhood. The disclosures of the use required with real estate transactions could also cause a decline in property value and disincentivize others from improving their properties. 3 The fiscal impact statement of the staff report is not accurate. The use places a burden on taxpayers. For example, my personal knowledge of the French Inn, a similar operation in the City of Orange shows multiple complaints, multiple allegations of violations, multiple investigations by police and code enforcement staff, and significant involvement by planning staff. Enormous amounts of staff resources were involved in responding, investigating, and documenting the complaints. Whether the complaints were founded in fact or not is not the significance here. The significance is that the City of Orange taxpayers collectively (as opposed to localized to the use) paid for the time and resources associated with monitoring the party facility. If the City of Tustin approves the proposed use, the odds of more applications are likely to occur, the applications would need to be approved on the same grounds as the subject application and, tremendous City resources would likely be necessary to monitor the use at great expense to the overall City taxpayers. The revenue benefit of the proposed use would likely be limited to business license taxes which will not come close to the monitoring costs the project will create. No evidence has been provided that the proposed use will have trickle-down effect on engaging revenues Chad Ortlieb 195 S. Myrtle Ave Tustin, CA 92780 from sales or services of other businesses in the City. By approving the project, the decision may imply that the public should subsidize the use with no nexus to maintaining the historical the property. There will be no guarantee that profits from the party facility will go towards maintenance and rehabilitation efforts of the property. The historic nature of the property and district has no correlation to the proposed arties. 4 Even if the City Council disagrees with project denial reason 1 above, the whole of the findings for the project cannot be made. The following response correlates to the numbered findings beginning on page 13 of the staff report as follows: 1. The use is not authorized in the R1 district. See denial reason 1 above. Furthermore, the Planning Commission recommendation was not based on accurate legal information. See legal scrutiny item one in the following table. 2. The use is not most similar to. "other assembly uses such as churches, schools, parks and playgrounds." The use is listed as a party facility. See denial reason 1 above. 3. Any charity events or other events not for profit may occur on site within reason as to be defined by the City. The not for-profit uses could be terminated by the City at any time if a problem occurred based on police action and an expectation of consistent reoccurrence would not persist. The CUP causes a new entitlement that is very difficult to revoke due to evidentiary requirements, site monitoring and, staff resources. The for-profit party facility also introduces greater likelihood of a different clientele than has existed for prior events. 4. This finding can be made. 5. The staff provided argument is irrelevant because the CUP runs with the life of the land. The Council cannot assess the character of the existing owner beyond a Police Department recommendation because the character of future operators cannot be known. 6. The finding mandates that the conditions ensure compatibility of the proposed use with the surrounding uses and the Tustin City Code. Nothing can "ensure" the finding is met. Furthermore, how can a party facility be compatible with a predominantly single family residential neighborhood? 7. This finding merits further thought. 8. This finding merits further thought. 5 The Planning Commission findings and recommendation that the proposed outdoor event use supports the purposes of the CR district is inadequate. The following response correlates to the bulleted findings on page 13 of the staff report as follows: Bullet 1 — As the application was originally proposed, introduction of persons to Tustin's historic resources would be focused on the outside of the applicant's house. Evidence is not apparent in the record to show that fostering of knowledge, understanding, and appreciation of Tustin's past would occur to any more extent as a result of a for-profit party facility on-site. Bullet 2 — Sufficient evidence has not been provided that creates a nexus between how an outdoor party facility would complement the historic structure and promote the identity of Old Town Tustin. Chad Ortlieb 195 S. Myrtle Ave Tustin, CA 92780 Bullet 3 — Enjoyment of the property from the parties would be outdoors and primarily to those paying and/or invited. Some persons could see the historic property become a detriment via association with the party facility if problems arise. Bullet 4 — See denial reason #4 above. Bullet 5 — The use may be conditioned to reduce potential conflicts between the events and the surrounding Cultural Resource District but it could not "avoid" conflicts. Significant evidence exists to question if the project could reduce impacts in CEQA terms below a 6 The project is not consistent with all the purposes of the CR District as identified in the staff report, page 2. The below responses also seek to rebut the applicant statements included in the staff report. Please note that the applicant response numbering does not correlate exactly with page 2 of the staff report. A response correlates to each purpose statement as follows: 1. Purpose not met — The project is a use not a structure. The party facility is independent of the structure. No guarantee of preservation is part of the application. The applicants past efforts to enhance and offer tours of the home are independent of the application. 2. Purpose not met — The preponderance of the project is for parties not promotion of the City's past. Promotion of the home is allowed independent of the application. Use of the inside of the home is not part of the original application nor guaranteed via project conditions nor can future intent of the applicant be made part of the approval basis. To meet this purpose, interior use would need to be available now accompanied by a plan to encourage public knowledge, understanding and, appreciation of the City's past or the proposed use would not be allowed to occur until such parameters are met. 3. Purpose not met — The recognition of the property and neighborhood occurs with or without the project. In my opinion, the project has actually served to divide the neighborhood. A private event does little beyond promote the event. No evidence of a preponderance of events focusing on cultural resources has been demonstrated. 4. Purpose not met - The party facility does not serve primarily to provide public enjoyment of a culturally signification neighborhood or structure to educate anyone. The enjoyment of the property would occur by the owners own initiative independent of the application if they so choose to continue undergoing tours under existing policy. No evidence has been provided to show that the CUP would preserve the home or that for profit party proceeds would go towards the home. 5. Subjective — The addition proposed for the project occurs at the rear of the property and is not the predominant view from the street. It is a stretch to determine that one accessory building enhances aesthetics and diversity of architectural appeal of the City. The existing Mills Act contract for the property is independent of the proposed CUP for outdoor parties. 6. Purpose not met — No proof has been provided that the use increases property values or offers economic and financial benefits to the City. Arguments may be made that public disclosure requirements of the use for real estate sales may actually be a detriment to property values. 7. Purpose met C! Chad Ortlieb 195 S. Myrtle Ave Tustin, CA 92780 S. Purpose not met — The proposed "alternative land use" which is not permitted creates a conflict between the historic and cultural resource. The use introduces greater risk of noise, street parking, fights, DUIs, pests and, litter in a predominantly single family residential neighborhood. Applicant efforts to preserve the property are independent of the application especially as evidence by the fact they have already been implemented. No traffic flow plan has been provided as stated in the applicant purpose statement finding. 7 The project is not consistent with the General Plan as stated on page 12 of the staff report as follows: Policy 5.5 — A party facility does not encourage restoration and rehabilitee of properties in Tustin. The use may prevent rehabilitation of surrounding properties. There is no guarantee that profits from the party facility will be used to maintain the structure. Policy 6.5 — The use does not make preservation actions, the homeowner does. The applicant has to maintain the .property (and has done so) independent of the application/proposed use. Policy 6.11— The use has no nexus to the structure. The use causes the neighborhood to be identified as a mixed use area based on the commercial nature of the use. This is a residential neighborhood. Policy 7.1 - As stated in this letter, the business license revenue from the use would not counterbalance the City resources that would likely be needed to monitor and respond to complaints of the use. Goal 10 — This is a commercial goal. Shuttles don't provide a pedestrian use. This project does not meet the intent of this goal. Policy 10.1 — The use has a party focus and purpose. It does not improve the residential focus of the policy. 8 Noise — The proposed use would be subjected to the City noise ordinance which requires uses to comply with a 55 dBA limit. Normal conversation is at 60 dBA at 100 feet away and music events are typically between 90 and 100 dBA. Although the General Plan noise contour map for the area shows noise in the range of 65-70 dBA, the properties of sound have not been analyzed for tone or the doubling properties of noise when other noise sources occur. The buffering and reverberating effects of the freeway sound wall also have not been analyzed for this project. There is a very strong likelihood that tonal or ambient noise impacts from the project will occur in violation of the TCC as a result of the project. At the very least, common sense should prevail in determining that the outdoor use can't even comply with the code for outdoor conversation and elevated speaking due to ambient noise increases would worsen the situation. It is ridiculous to think that outdoor music or entertainment for an event would have to be less than the noise of normal conversation. Hence the noise impacts of the project in violation of the TCC are alone grounds for denial. Furthermore, the increased noise impact to an off-site parking lot would also need to be analyzed resulting from increased traffic, voices, after party activities and car lights. 9 Vector Control — Increased food service and food waste from the project will likely increase pests in the area regardless of how well residential service disposal containers are utilized. Not all food scraps are likely to be identified from the grass area where tables and chairs will be placed in the backyard and the neighborhood will likely endure additional Chad Ortlieb 195 S. Myrtle Ave Tustin, CA 92780 est control costs. At the ve least Coun Health officials should o ine on the matter. Reasons CUP 2012-10 may be subject to legal scrutiny/challenge: 1 Misinformation by the City Attorney at the Planning Commission Meeting may have led to an uninformed Planning Commission recommendation. Specifically, the City Attorney at the meeting informed the Commission that the CUP may be tied to the applicant and terminate with the applicant's abandonment of the use, Since the Commission is required to review the application and make a recommendation to the Council, the recommendation appears based on misinformation. 2 The CEQA exemption is flawed in that the facility is not proposing like for like facilities. The City proposes a Class 1 exemption under Section 15301 (Existing Facilities) of the CEQA guidelines. This section states in part that "The key consideration is whether the project involves negligible or no expansion of and existing use." The use clearly is an expansion of the residential use to a non -permitted commercial use. An initial study and subsequent environmental document need to be prepared. 3 Since the project does not appear to be exempt from CEQA, it should have an environmental document. Indications in this letter are that the project would have potential impacts to the environment with regard to noise, community health (vector control) and, otentiall ublic facilities for monitorin needs of the m'ect. 4 The legal notice and staff report project description do not include the parking lot location. The parking lot must be known and advertised so that the public that may be affected by the future arkin lot are included in the mailin notice radius. 5 The parking lot is not analyzed as part of the project. The parking location lot must be fixed disclosed and, analyzed so those affected by potential intensified use can voice their concems as part of the hearing process. The background and surroundings of the supporting parking lot are integral to the project. Furthermore, any parking lot associated with the project should be accompanied by the parking lot owner being a co -signatory to the application since that lot will be linked to the project. At the least, the parking lot property should also be named in -the CUP with a letter from the owner stating that they a ree to the terms and conditions of the CUP for the public to witness. 6 The hearing date is occurring on election day, a time when many persons may be hindered from participating in the public hearing process and providing comments due to their civic duty. Furthermore, the public has had only had since after 3:00 p.m. on November 2, 2012, to provide comments in response to the City Council staff report, which has new applicant - initiated ro'ect descri tion revisions. 7 The project description and terms were changed without benefit of a new application or, at the very least, a re -review by the Planning Commission. If the City Council has any intent to approve this project, it needs to be remanded back before the Planning Commission because TCC Section 9252j2(a)(2) requires a Planning Commission recommendation. How can you have a recommendation on the amended project? Furthermore, the change of the project description and terms creates a moving target for City staff, decision makers, and the public. An amended application should be required to go through the entire disclosure notification and order of review process identified in the TCC. The applicant Chad Ortlieb 195 S. Myrtle Ave Tustin, CA 92780 demanded changes at the final moments of the project review on short public notice bring into question who's document the resolution is. It is the people's resolution and staffs right to recommend the conditions, not the applicant's. If the applicant changes the terms of the project or voices objections they should do it at the Planning Commission and not disorient staff the public and the Council just prior to decision time. Additional Issues or Considerations: 1 The Planning Commission staff report did not inform the public that unlimited non-profit events up to 200 persons could be had without benefit of any permit. Now the City, via the Planning Commission action and City Council staff report, appears to have opined that non-profit events may be limited. A very well defined policy, or preferably code created in accord with CEQA, should be formulated to address occasional non-profit supportive events. Perhaps temporary use of special event procedures already exist in the City Code that can be used to tier a decision from. 2 The former, policy of allowing the use of the public streets for parking in support of the non-profit events appears to have been reversed. The applicant and public should have a clear indication as to when street parking can be used for non-profit events. 3 The policy issue analysis of the staff report (page 10) implies that the proposed use would be similar to other events and gatherings in Tustin and other Southern California Cities without significant disruption to the community. However, approval of the proposed use could introduce a different operational plan and target a different partygoer than the comparisons provided by staff. Furthermore, complaints received for the French Inn in the City of Orange have included reports of noise violations and public urination. Although complaints have not been received by Orange staff in the past two years, it can at least be speculative that the complaining parties have abandoned reporting complaints due to evidentiary procedural requirements necessary for citations or CUP revocation procedures. 4 The staff report (page 10) notes that `other assembly uses, such as churches, schools, parks, and playgrounds are conditionally permitted in the Single Family Residential (Rl) zoning district" The analysis then goes on to imply that the proposed use is the most similar to the aforementioned uses. However, the TCC states that the use is a party facility. The analysis also mentions mitigation measures. However, the project has been determined to be CEQA exempt. The statement of the mitigation measures goes to the argument that the project should not have received categorical exemptions. The appropriateness of the use (as a basis of CUP approval) is also linked to "the level of experience and professionalism of the operators of the assembly use." The project is completely separate from the applicant's character other than for Police Department recommendation purposes. The character of future operators is unknown. The applicant character has no nexus to the proposed use given that they could sell the property and hand the use to a subsequent operator at any time. 5 The location of the project merits consideration. It is in a predominantly single family residential neighborhood with a cul-de-sac on each end of the street and only one access point in. Comparisons to other similar uses in other jurisdictions should be based on the same locational standards. The French Inn introduced into the record at the Planning Commission meeting -is on a through street in a more dense part of town. 7 Chad Ortlieb 195 S. Myrtle Ave Tustin, CA 92780 6 The citations condition for the project ranges from $100 to $500 for violations of CUP 2 conditions. If the project fundraising events raise $100,000 how would the fine be an 3 --.L§S—nY incentive to stop reoccurring violations? 7 The staff report contains a public input section. This section may not accurately disclose constituent and public sentiment of the project since many persons repeatedly accepting of the applicant's hospitality may feel obligated to sign an applicant form letter, petition, or speak on the applicant's behalf. Additionally, the project has greater Citywide implications with regard to proposed party facilities taxpayer burdens if it is approved. Persons in other reaches of the City may have oppositional voices to the project in light of such implications. Furthermore, property owners and/or residents next to the parking lot that would support the project may have an opinion on the pro'ect as well. 8 The project is limited to a total of 200 persons. Clarification would be appreciated as to if that includes the support staff or just the guests. 9 The Planning Commission action included recommended Condition 2.22. This action is not enforceable but strongly implies the Commission's reliance on the City Attorney's false information. 10 The applicant requests removal of PIanning Commission recommended Conditions 2.7 and 2.13 which would remove a requirement for event attendees to present proof of shuttle use and not require use of shuttle service. Why would the applicant object to the conditions? I I The applicant requests removal of Planning Commission recommended Condition 2.24. Why would the applicant request removal of the condition? They would still need to comply with the TCC especially when the doubling of sound and tonal properties of sound are of issue. Other options available to the Council: I You may find the application was flawed and the use is not allowed. 2 You may remand the application back to the Planning Commission. 3 --.L§S—nY You may find the application lacks required analysis via the proper CEQA process and the application without prejudice. Thank you for your consideration of the arguments, comments, and questions within this lettter. Please deny the project. I intend to speak at the public hearing regarding my positions in this letter. I will try to present as much as I can in the 3 minutes allotted. I am requesting that you allot me additional time for summation of the content of this letter in my presentation. Regards, (3;,ewC�- Chad Ortlieb M RECEIVED NOV 06 2012 -----Original Message----- From: Robert Ridgway jmailto:seadoo92(daol coml COMMUNITY DEVELOPMENT DEPT Sent: Monday, November 05, 2012 1:05 PM To: CITY COUNCIL Subject: Proposed CUP 2012-10 for property at 310 S. Pasadena My name is Robert Ridgway. I own and have lived at 185 S. Myrtle Ave since 1975. When there is a large event at the subject property, traffic is continuous on Myrtle Ave. Even if they provide Valet parking or shuttle vans, many people attending the event park on Myrtle Ave. and it appears they don't start using the Valet or shuttle service until there is no parking left on Myrtle. If we are having company when there is an event, there is no parking for them near our house. They now want a CUP to dramatically increase the number of events per year, including paid events. This is a residential neighborhood and I strongly object to the disruption that the proposed commercial use of the subject property would cause. Myrtle Ave is a local residential street and gets plenty of traffic without the additional cars, catering trucks, shuttle vans, etc. that will be generated by the events. I attended the Planning Commission meeting regarding this proposal and heard a lot of positive comments from folks who had attended events at this property, but most live outside the immediate area and do not have to contend with the traffic and congestion the nearby residents are subjected to. I also understand that the applicant wants to increase the number of events described at the Planning Commission meeting, from 24 per year to 36 per year, which was evidently proposed after the public hearing. The owner should not be allowed to run a business from his residence at the expense of his neighbors. The additional traffic and activity will negatively impact the ambiance of the immediate neighborhood. The city should be preserving the integrity of residential property in old town, not allowing commercial use of one property to the detriment of the surrounding residents. Granting this CUP will undoubtably increase the value of the subject property. Property values of the nearby residents will probably decrease as any potential buyer who is aware of the dissruption and congestion during an event will think twice about buying here. Sincerely, Robert Ridgway RECEIVED NOV 06 2012 From: David Kozlik lmaiito:idave2(&oacbell.netl Sent: Saturday, November 03, 2012 8:06 PM OOMMUMTY DEVELOPMENT DEPT To: CITY COUNCIL Subject: Wilcox Manor conditional use permit Today I attended a neighborhood meeting about the application by the Wilcox Manor Event Center for a conditional use pen -nit that would allow them to host for-profit events in addition to the events they are already hosting. It is my understanding that this matter is pending a decision this coming Tuesday night. I was just recently made aware of the application. As discussed at the meeting today, many of the neighbors in this quiet old town community are upset with the idea of the commercialization of our residential neighborhood. The meeting was attended by Rebecca Gomez, your fellow Council Member and she took extensive notes on the expressed concerns. I would appeal to you to visit with her prior to the Tuesday meeting to be advised of our concerns and feelings on this matter. I look forward to the opportunity to speak before the council Tuesday on this matter as well. Sincerely, David Kozlik MF From: Jeff Gallagher <ocpd44@gmail.com> Sent: Tuesday, November 06, 2012 6:50 AM To: City Clerk; City Clerk Subject: Correction to Letter of Opposition on CUP 2012-10 Attachments: Letter of Opposition to Wilcox Manor.pdf City Clerk, This is a corrected version of the letter I previously sent regarding the above issue. Please remove and destroy the previous letter and replace it with this one. Thank You, Jeff "Hollywood" Gallagher KB6SUP Sgt. E-4 USAF 172-176 Honorably Discharged, Honored to Serve Past President, Chapter 555 American Legion Riders 714-206-6398 "If you can't annoy somebody with what you write, I think there's little point in writing." Kingsley Amis, British novelist, 1971 • Jeff Gallagher The Rockhouse 415 W Main Street Tustin, California 92780 Tustin City Council 300 Centennial Way Tustin, California 92780 Ladies and Gentlemen The purpose of this letter is to oppose the application for Conditional Use Permit 2012-10. I live on Main Street in the vicinity of the Wilcox Manor and agree with other opposition letters that have been submitted to you in that parking and traffic will be adversely impacted by the granting of this permit. As it stands, the owners of the property currently do not have a plan to mitigate parking issues and blatantly lied to the planning commission at an October meeting when they said they had a lease agreement in place. In any case, any traffic mitigation plan put into place is likely to be unenforceable by the city and would adversely affect the entire Old Town residential area. The owners have circulated a letter to their supporters and on Facebook. A copy of that letter is in the current Agenda Packet you have for this issue. That letter brags that they do not need to comply with parking issues until after the CUP Is granted. This statement and the unwarranted attacks on long time residents who oppose the application, demonstrates their utter disregard for their neighbors and exposes their real disregard for Old Town Tustin and its residents. Further, I believe the city erroneously listed the CUP application as being exempt from CEQA. Although the owners of Wilcox Manor have been holding large parties and events for years, to the chagrin of many of their neighbors, it is only the fact the events were "free" that kept them from having to obtain the necessary permits. Now that they wish to run a business venture in the heart of the Old Town residential area, the city s curt dismissal of CEQA is notable. CEQA was specifically instituted for this type of issue where neighborhoods could be adversely affected by noise, traffic and waste. Clearly, the frequent appearance of Zoo party -goers and their vehicles will impact the area. The Community Development Department also listed rezoning as one option. Citing the varying zones on that side of Pasa+denaStreet, they make it appear as though the re -zoning would be appropriate when it certainly would not. Looking at the zoning for that street, it is clear that much of the property is city owned for a well. By necessity, the property was rezoned. There is also a walling trail or park on that side of the street. None of this has to do with rezoning what is inarguably a residence to business in what is clearly a residential neighborhood. Further, should the city council decide to vote on this matter, I strongly suggest Mayor John Nielsen recuse himself from all discussions and votes on this issue. His wife, Erin Nielsen, is the Executive Director of the Tustin Community Foundation, an organization that receives funding from the city and that stands to directly benefit Jeff Gallagher from the continued use of Wilcox Manor for fundraising activities (McPherson and Demoratz have threatened to stop allowing the use of the property for fundraising if the CUP does not go through). Although there may be no legal conflict of interest, there is certainly an appearance of one. More than that, Nielsen is the direct recipient of campaign contributions from the Wilcox Manor Trust as well as the applicants themselves in a cumulative amount that, coupled with his free use of the Wilcox Manor for campaign activities, would certainly raise an issue with the Fair Political Practice Commission. And, though the city appears to have no campaign contribution limits or conflict of interest codes regarding this, there is still an appearance —if not a factual- conflict should the Mayor choose to vote on this matter. Finally, in considering this application, I also urge the city council to look past the large number of so-called supporters for this CUP. Most of them are not residents of the affected area. Many represent non-profit interests outside the city and some even come from outside of Orange County. A number of residents in the area have written to support the CUP. Just as many have voiced their opposition to the matter and they deserve equal or better consideration as it is their life and lifestyle that would be drastically affected. Please make this part of the public record as this matter goes before the Tustin City Council. I urge all members to deny this application and keep the integrity of Tustin's iconic Old Town intact. Respectfully, Jeff Gallagher The Rockhouse 2• TUSTIN Inter -Com ' DATE: NOVEMBER 06, 2012 TO: CITY COUNCIL RUI 'DING OUR FUTURE HONORING OUR PAST FROM: COMMUNITY DEVELOPMENT DEPARTMENT SUBJECT: PUBLIC COMMENT ON CUP 2012-10 Yolanda Brown of Blessed Sacrament Church in Los Angeles left a phone message instructing staff to submit her support of CUP 2012-10 to the City Council. Ms. Brown stated that Lindburgh McPherson and Michael Demoratz have been charitable to host fundraisers for the Blessed Sacrament Church at their residence. She believes Mr. McPherson and Mr. Demoratz would greatly benefit from being able to recover a portion of the costs incurred from their charitable events through hosting paid weddings at their location. For this reason she is in support of CUP 2012-10 for the Wilcox Manor. LEWIS CONSTRUCTION COMPANY GENERAL CONTRACTING&[ REMODELING FINE FINISH CARPENTRY & HISTORIC RESTORATION Phone: (714) 836-3702 Fax: (7!4)740-5890 660 W 30 Street Email lutiiszlrwcca: nct Tustin, CA 92780-2922 CA. Lic. #.543169 July 24, 2013 City of Tustin Attention: Elizabeth Binsack Community Development Director 300 Centennial Way, Tustin, CA 92780 RE: Wilcox Manor Dear Ms. Binsack RECEIVED JUL 2) 2013 COMMUNITY DEVELOPMENT DEPT I wanted to send this letter indicating my strong disagreement with Wilcox Manor being used as an event center. This area is, and should remain, a residential area. I can't imagine the inconvenience to the neighbors on their street. They have had many events in which the parking filled our streets, created significant noise, and caused disruption of the neighborhood. My opinion is that if they wish to have events, they can rent or lease an appropriate venue, just like any of us would have to do. We have already lost so much in historic Old Town in the residential areas, and this seems to be continuing to chip away at our precious resource. I appreciate their philanthropic intent, but this is a residential area. I would be afraid that their schedule would overwhelm as to offset the "charity" events I can foresee many more "paid" events to assist them pay the charity costs, creating just so many more events in general. Thank you for your time reading this and your consideration on this matter. Sincerely, Scot Lewis Lewis Construction Company August 5, 2013 Ms. Elizabeth Binsack Community Development Director City of Tustin 300 Centennial Way Tustin, CA 92780 Dear Elizabeth, RECEIVEF AUG 0 5 2013 COMMUNFY DEVELOPMENI DEPT The purpose of this letter is to let you know that I am in full support of the City approving a Conditional Use Permit for Wilcox Manor. I have served on the executive board of the Tustin Area Council for Fine Arts for the past 13 years as V.P. Broadway in the Park, Treasurer, Secretary, and am currently serving as V.P. Programs. Along with many area non profit organizations, TACFA has been the fortunate recipient of Lindburgh McPherson's and Michael Demoratz's generosity over the past few years. They have unselfishly offered our organization the use of Wilcox Manor on multiple occasions, all at no charge to us. They continue to demonstrate their commitment to our organization and many others in the community. Because of their unwavering support, we have saved $35,000 in expenses for our various events and they have been instrumental in helping us raise over $23,000 over the past three years. This has allowed us to maximize the efforts of our board members, volunteers and patrons in support of our mission, and has enabled us to offer additional arts -related programs to our community. In addition to all that they have done and continue to do for the community, they have brought individuals and organizations together. As a result, new friendships and stronger organizations have been created. I am aware of a handful of people who are against approving the C.U.P. I would like to point out that the property is in a cultural overlay district. In addition, there are many functions held in the Old Town Tustin area that generate heavy volumes of people (this is a good thing for the City of Tustin!): Concerts in the Park, Broadway in the Park, Tiller Days, Art Walk, Jamestown Village flea market, to name a few. These men are an extraordinary gift to the City of Tustin! Respectfully, SI -o"& WiGi1v Lynda Bjoin J400a 665 Mat ' . QR a PJua", v,a.92780 City of Tustin Attention: Elizabeth Binsack Community Development Director 300 Centennial Way Tustin, California 92780 RECEIVED AUG 0 5 2013 OOMMUNrry dEVELOPMENT oEPr We am writing in support of the application for a Conditional Use Permit for Wilcox Manor. As Old Town Tustin residents, and the proud owners of the Vandernp-Allen House, we aro pleased to see our neighborhood visited by those who might grow to appreciate the beauty of our unusual historic spot Perhaps a visitor to an event at Wilcox Manor might come again to shop or dine locally, or even purchase a home in Old Town. It is true that our neighborhood requires constant love and attention - old houses do, you know - and when others see the beauty and comfort of Old Town in its beat light, by visiting Wilcox Manor, only wonderful outcomes happen. For example, on a walk down Pasadena Street just this week (a walk we've taken several times each month for the last nine years), my grandchildren noticed new landscaping at the apartments; we saw that several large untrimmed palm trees across the street had been removed The once abandoned house at the First Street end of the block now boasts a yard clean-up, revival of the remarkable tree in the front yard, and new paint The duplex at the comer grows sweet peas) As we know, neighborhood pride is contagious, but needs to be nurtured and encouraged. Do we need to also describe the remarkable beauty of Wilcox Manor that Michael and Llndburgh brought to the fore by the exquisite renovation of their yard and home? Just the fact that they reestablished the original entrance to the home speaks volumes for their attention to historic details and their pride In ownership. What was a frightening eyesore on the edge of the freeway off ramp (or more kindly, a diamond in the rough) in 2008, became another Old Town Tustin marvel. Freeway? What freeway? Between the corect use of plants and careful placement of water features, the freeway disappears. The trees are lush and verdant again. Interesting seating areas invite us into the yard. No one can visit Wilcox Manor without wanting to return to Old Town Tustin to dine, shop, or appreciate the beauty of our lovely, unique neighborhood. We would not write in support of this Conditional Use Permit If we did not have complete confidence that Michael and Lindburgh plan to follow the Cultural Resource guidelines. Their pride of ownership is only surpassed by their sense of civic responsibility. What makes Old Town Matin unique.. one of the 'test places to live?' Not just the homes, but the people who reside here. Michael and Lindburg6 pre about our nelbbborhood. RegWf$7� l 7 — / , Greg Figge - Melissa Figge z Board o[D' ctorn Rim DeBenedetto Linda Denning Tustin Preservation Conservancy Maureen Li Nathan Menard 350 South B Street Trajan Perez Tustin, California 92780 L Smith h`r' -` :,.. www nreservetu tin o Mike Smith Biu Teter Sharon Teter Working to make yesterday's resources part of tomorrou-s history Iilizabeth Binsack Director of Community Development City of Tustin 300 Centennial Way Tustin, CA 92780 Dear Mi. Binsack, RECE1VEr) AUG 0 5 2013 COMh"ITyDEVELOPdEN7 tic, The purpose of this letter is to inform the Tustin City Council and other interested parties of The Tustin Preservation Conservancy's opposition to Conditional Use Permit 2012-10. Conditional Use Permit 2012-10, if approved, would authorize a maximum of thirty-six paid outdoor events per year at an existing single family residence located at 310 S. Pasadena Ave, Tustin California. The effect of such a decision would be to create a near full time commercial institution in a residential neighborhood. The Residence in question is located in the Single Family Residential District (Rl) and in the Cultural Resource District (CR) which has a Low Density Residential General Plan land use designation. The Tustin Preservation Conservancy contends that allowing the operation of a commercial enterprise in the neighborhood in question would be inappropriate, contrary to the established zoning and contrary to the express purpose of the Overlay District. The proposed Conditional Use Permit constitutes spot zoning and is contrary to Tustin public policy. The Tustin Preservation Conservancy strives to retain the character, architecture and charm of the overlay district. After reviewing the application and reviewing public comment regarding this application, the Conservancy believes the commercial enterprise in question presents a direct threat to the peace and tranquility of the neighborhood, and substantially reduces the ability to protect Tustin's heritage. In truth, rather than enhancing the goals of the Cultural Resource District as fisted in Resolution 4207, it will cause immense traffic congestion in the neighborhood, increase parking problems on residential streets, increase noise pollution and will most likely cost Tustin tax payers' money to monitor the activities, parking and event attendees. Finally, the Tustin Preservation Conservancy believes if the City Council approves the Conditional Use Permit CUP 2012-10 a precedent will be set for commercial zoning in Old Town Tustin residential neighborhoods which would be a threat to the long term viability of the area as residential neighborhoods. We urge you to deny the requested Conditional Use and preserve the Old Town Tustin F Iistoric District as it was envisioned by a far-sighted city council twenty-five years ago this year. Since y, l �--"Lin a Jennings,/ � President { Board oFDirrctota Rim DeBenedetto Linda Jenning Maureen Li Tustin Preservation Conservancy Nathan Menant 350 South B Street Trajan Perez Tustin, California 92780 Llyn Smith /-., www org, Mike Smith preserverusdn Bill Teter Shawn Teter Working to make yesterday's resources part of tomorrow's history Mayor At Murray City of Tustin 300 Centennial Way Tustin, CA 92780 Dear Mayor Murray, RECEIVED AUG 0 5 2013 COMMUNITY DEVELCPMENiDL. t., t The purpose of this letter is to inform the Tustin City Council and other interested parties of The Tustin Preservation Conservancy's opposition to Conditional Use Perrnit 2012-10. Conditional Use Permit 2012-10, if approved, would authorize a maximum of thirty-six paid outdoor events per year at an existing single family residence located at 310 S. Pasadena Ave, Tustin California. The effect of such a decision would be to create a near full time commercial institution in a residential neighborhood. The Residence in question is located in the Single Family Residential District (Rl) and in the Cultural Resource District (CR) which has a Low Density Residential General Plan land use designation. The Tustin Preservation Conservancy contends that allowing the operation of a commercial enterprise in the neighborhood in question would be inappropriate, contrary to the established zoning and contrary to the express purpose of the Overlay District. The proposed Conditional Use Permit constitutes spot zoning and is contrary to Tustin public policy. The Tustin Preservation Conservancy strives to retain the character, architecture and chart of the overlay district. After reviewing the application and reviewing public comment regarding this application, the Conservancy believes the commercial enterprise in question presents a direct threat to the peace and tranquility of the neighborhood, and substantially reduces the ability to protect Tustin's heritage. In truth, rather than enhancing the goals of the Cultural Resource District as listed in Resolution 4207, it will cause immense traffic congestion in the neighborhood, increase parking problems on residential streets, increase noise pollution and will most likely cost Tustin tax payers' money to monitor the activities, parking and event attendees. Finally, the Tustin Preservation Conservancy believes if the City Council approves the Conditional Use Permit CUP 2012-10 a precedent will be set for commercial zoning in Old Town Tustin residential neighborhoods which would be a threat to the long term viability of the area as residential neighborhoods. We urge you to deny the requested Conditional Use and preserve the Old Town Tustin Historic District as it was envisioned by a far-sighted city council twenty-five years ago this year. Sine ly, �.' .in a jennin Cl � ""� President 1. i " Tustin Preservation Conservancy 350 South B Street Tustin, California 92780 F= 7 wmm-p=3erverustin Or, rg Working to make yesterday's resources part of tomorrow's history Councilman John Nielsen City of Tustin 300 Centennial Way Tustin, CA 92780 Dear Councilman Nielsen, o BLQ r e fire Rim DeBenedetto Linda Denning Maureen Li Nathan Menard Trajan Perez Llyn Smith Mike Smith Bill Teter Sharon Teter AUG 0 5 2013 COMMUNITY DEVELOPMENT DEPT The purpose of this letter is to inform the Tustin City Council and other interested parties of The Tustin Preservation Conservancy's opposition to Conditional Use Permit 2012-10. Conditional Use Permit 2012-10, if approved, would authorize a maximum of thirty-six paid outdoor events per year at an existing single family residence located at 310 S. Pasadena Ave, Tustin California. The effect of such a decision would be to create a near full time commercial institution in a residential neighborhood. The Residence in question is located in the Single Family Residential District (Rl) and in the Cultural Resource District (CR) which has a Low Density Residential General Plan land use designation. The Tustin Preservation Conservancy contends that allowing the operation of a commercial enterprise in the neighborhood in question would be inappropriate, contrary to the established zoning and contrary to the express purpose of the Overlay District. The proposed Conditional Use Permit constitutes spot zoning and is contrary to'fustin public policy. The Tustin Preservation Conservancy strives to retain the character, architecture and charm of the overlay district. After reviewing the application and reviewing public comment regarding this application, the Conservancy believes the commercial enterprise in question presents a direct threat to the peace and tranquility of the neighborhood, and substantially reduces the ability to protect Tustin's heritage. In truth, rather than enhancing the goals of the Cultural Resource District as listed in Resolution 4207, it will cause immense traffic congestion in the neighborhood, increase parking problems on residential streets, increase noise pollution and will most likely tosyl ustin tax payers' money to monitor the activities, parking and event attendees. Finally, the Tustin Preservation Conservancy believes if the City Council approves the Conditional Use Permit CUP 2012-10 a precedent will be set for commercial zoning in Old Town Tustin residential neighborhoods which would be a threat to the long tern viability of the area as residential neighborhoods. We urge you to deny the requested Conditional Use and preserve the Old Town Tustin Historic District as it was envisioned by a far-sighted city council twenty-five years ago this year. Sinc ely, a) ennin President ~4 $fit and of Directors Kim DeBenedenn Linda Denning " Maureen Li f ! Tustin Preservation Conservancy Nathan Menard 350 South B Street Trajan Perez Tustin, California 92780 Uyn Smith Mike Smith �: www.preservetustin.org Bill Teter t Sharon Teter Working to make yesterday's resources part of tomorrow's history Councilman Chuck Puckett City of Tustin 300 Centennial Way Tustin, CA 92780 Dear Councilman Puckett, RECEIVED AUG 0 ,5 2013 COMMUNITY DEVELOPMENTDEpT The purpose of this letter is to inform the Tustin City Council and other interested parties of The Tustin Preservation Conservancy's opposition to Conditional Use Permit 2012-10. Conditional Use Permit 2012-10, if approved, would authorize a maximum of thirty-six paid outdoor events per year at an existing single family residence located at 310 S. Pasadena Ave, Tustin California. The effect of such a decision would be to create a near full time commercial institution in a residential neighborhood. The Residence in question is located in the Single Family Residential District (R1) and in the Cultural Resource District (CR) which has a Low Density Residential General Plan land use designation. The Tustin Preservation Conservancy contends that allowing the operation of a commercial enterprise in the neighborhood in question would be inappropriate, contrary to the established zoning and contrary to the express purpose of the Overlay District. The proposed Conditional Use Permit constitutes spot zoning and is contrary to Tustin public policy. The Tustin Preservation Conservancy strives to retain the character, architecture and charm of the overlay district. After reviewing the application and reviewing public comment regarding this application, the Conservancy believes the commercial enterprise in question presents a direct threat to the peace and tranquility of the neighborhood, and substantially reduces the ability to protect Tustin's heritage. In truth, rather than enhancing the goals of the Cultural Resource District as listed in Resolution 4207, it will cause immense traffic congestion in the neighborhood, increase parking problems on residential streets, increase noise pollution and will most likely cost Tustin tax payers' money to monitor the activities, parking and event attendees. Finally, the Tustin Preservation Conservancy believes if the City Council approves the Conditional Use Permit CUP 2012-10 a precedent will be set for commercial zoning in Old T own Tustin residential neighborhoods which would be a threat to the long term viability of the area as residential neighborhoods. We urge you to deny the requested Conditional Use and preserve the Old Town Tustin Historic District as it was envisioned by a far-sighted city council twenty-five years ago this year. Since ly, n aJenning President Councilman Allan Bernstein Citv of Tustin 300 Centennial Way Tustin, CA 92780 Dear Councilman Bernstein, AUG 0.`1 2013 COMMUNITY DEVELOPMEN'I'DEPT The purpose of this letter is to inform the Tustin City Council and other interested parries of The Tustin Preservation Conservancy's opposition to Conditional Use Permit 2012-10. Conditional Use Permit 2012-10, if approved, would authorize a maximum of thirty-six paid outdoor events per year at an existing single family residence located at 310 S. Pasadena Ave, Tustin California. The effect of such a decision would be to create a near full time commercial institution in a residential neighborhood. The Residence in question is located in the Single Family Residential District (Rl) and in the Cultural Resource District (CR) which has a Low Density Residential General Plan land use designation. The `Tusun Preservation Conservancy contends that allowing the operation of a commercial enterprise in the neighborhood in question would be inappropriate, contrary to the established zoning and contrary to the express purpose of the Overlay District. The proposed Conditional Use Permit constitutes spot zoning and is contrary to Tustin public policy. The Tustin Preservation Conservancy strives to retain the character, architecture and charm of the overlay district. After reviewing the application and reviewing public comment regarding this application, the Conservancy believes the commercial enterprise in question presents a direct threat to the peace and tranquility of the neighborhood, and substantially reduces the ability to protect Tustin's heritage. In truth, rather than enhancing the goals of the Cultural Resource District as listed in Resolution 4207, it will cause immense traffic congestion in the neighborhood, increase parking problems on residential streets, increase noise pollution and tvill most likely cost Tustin tax payers' money to monitor the activities, parking and event attendees. Finally, the Tustin Preservation Conservancy believes if the City Council approves the Conditional Use Permit CUP 2012-10 a precedent will be set for commercial zoning in Old 'Town Tusun residential neighborhoods which would be a threat to the long term viability of the area as residential neighborhoods. We urge you to deny the requested Conditional Use and preserve the Old Town Tustin Historic District as it was envisioned by a far-sighted city council twenty-five years ago this year. Smce> ely, r ` In aJennings President Board of Dirg�t 2ry Rim DeBenedetto Linda Denning Maureen Li h t*. Tustin Preservation Conservancy Nathan Menard , 350 South B Street Trajan Perez ' Tustin, California 92780 Llyn Smith ' Mike Smith - www pCfSCCyettr tL . Bill Teter Sharon Teter Working to make yesterday's resources pan oftomorrou's history Councilman Allan Bernstein Citv of Tustin 300 Centennial Way Tustin, CA 92780 Dear Councilman Bernstein, AUG 0.`1 2013 COMMUNITY DEVELOPMEN'I'DEPT The purpose of this letter is to inform the Tustin City Council and other interested parries of The Tustin Preservation Conservancy's opposition to Conditional Use Permit 2012-10. Conditional Use Permit 2012-10, if approved, would authorize a maximum of thirty-six paid outdoor events per year at an existing single family residence located at 310 S. Pasadena Ave, Tustin California. The effect of such a decision would be to create a near full time commercial institution in a residential neighborhood. The Residence in question is located in the Single Family Residential District (Rl) and in the Cultural Resource District (CR) which has a Low Density Residential General Plan land use designation. The `Tusun Preservation Conservancy contends that allowing the operation of a commercial enterprise in the neighborhood in question would be inappropriate, contrary to the established zoning and contrary to the express purpose of the Overlay District. The proposed Conditional Use Permit constitutes spot zoning and is contrary to Tustin public policy. The Tustin Preservation Conservancy strives to retain the character, architecture and charm of the overlay district. After reviewing the application and reviewing public comment regarding this application, the Conservancy believes the commercial enterprise in question presents a direct threat to the peace and tranquility of the neighborhood, and substantially reduces the ability to protect Tustin's heritage. In truth, rather than enhancing the goals of the Cultural Resource District as listed in Resolution 4207, it will cause immense traffic congestion in the neighborhood, increase parking problems on residential streets, increase noise pollution and tvill most likely cost Tustin tax payers' money to monitor the activities, parking and event attendees. Finally, the Tustin Preservation Conservancy believes if the City Council approves the Conditional Use Permit CUP 2012-10 a precedent will be set for commercial zoning in Old 'Town Tusun residential neighborhoods which would be a threat to the long term viability of the area as residential neighborhoods. We urge you to deny the requested Conditional Use and preserve the Old Town Tustin Historic District as it was envisioned by a far-sighted city council twenty-five years ago this year. Smce> ely, r ` In aJennings President Councilwoman Beckie Gomez City of Tustin 300 Centennial Way Tustin, CA 92780 Dear Councilwoman Gomez, RECEIVED AUG 0 5 2013 COMMUNITY ®EVELOPmEti't ;3;. The purpose of this letter is to inform the Tustin City Council and other interested parties of The Tustin Preservation Conservancy's opposition to Conditional Use Permit 2012-10. Conditional Use Permit 2012-10, if approved, would authorize a maximum of thirty-six paid outdoor events per year at an existing single family residence located at 310 S. Pasadena Ave, Tustin California. The effect of such a decision would be to create a near full time commercial institution in a residential neighborhood. The Residence in question is located in the Single Family Residential District (Rl) and in the Cultural Resource District (CR) which has a Low Density Residential General Plan land use designation. The Tustin Preservation Conservancy contends that allowing the operation of a commercial enterprise in the neighborhood in question would be inappropriate, contrary to the established zoning and contrary to the express purpose of the Overlay District. The proposed Conditional Use Permit constitutes spot zoning and is contrary to Tustin public policy. The Tustin Preservation Conservancy strives to retain the character, architecture and charm of the overlay district. After reviewing the application and reviewing public comment regarding this application, the. Conservancy believes the commercial enterprise in question presents a direct threat to the peace and tranquility of the neighborhood, and substantially reduces the ability to protect Tustin's heritage. In truth, rather than enhancing the goals of the Cultural Resource District as listed in Resolution 4207, it will cause immense traffic congestion in the neighborhood, increase parking problems on residential streets, increase noise pollution and will most likely cost Tustin tax payers' money to monitor the activities, parking and event attendees. Finally, the Tustin Preservation Conservancy believes if the City Council approves the Conditional Use Permit CUP 2012-10 a precedent will be set for commercial zoning in Old Town Tustin residential neighborhoods which would be a threat to the long term viability of the area as residential neighborhoods. We urge you to deny the requested Conditional Use and preserve the Old Town Tustin l listoric District as it was envisioned by a far-sighted city council twenty-five years ago this year. Sinc ely, _,m aJenning� President , Bn nt r�(D' 'tsrs Bim DeBenedetto Linda Denning Tustin Preservation Conservancy Maureen Li Nathan Menard te r. t 350 South B Street Tmi an Perez ` Tustin, California 92780 Llyn Smith Mike Smith 1 www Pte ervetuStin org Bill Teter Sharon Teter Working to make yesterday's resources part of tomorrows history Councilwoman Beckie Gomez City of Tustin 300 Centennial Way Tustin, CA 92780 Dear Councilwoman Gomez, RECEIVED AUG 0 5 2013 COMMUNITY ®EVELOPmEti't ;3;. The purpose of this letter is to inform the Tustin City Council and other interested parties of The Tustin Preservation Conservancy's opposition to Conditional Use Permit 2012-10. Conditional Use Permit 2012-10, if approved, would authorize a maximum of thirty-six paid outdoor events per year at an existing single family residence located at 310 S. Pasadena Ave, Tustin California. The effect of such a decision would be to create a near full time commercial institution in a residential neighborhood. The Residence in question is located in the Single Family Residential District (Rl) and in the Cultural Resource District (CR) which has a Low Density Residential General Plan land use designation. The Tustin Preservation Conservancy contends that allowing the operation of a commercial enterprise in the neighborhood in question would be inappropriate, contrary to the established zoning and contrary to the express purpose of the Overlay District. The proposed Conditional Use Permit constitutes spot zoning and is contrary to Tustin public policy. The Tustin Preservation Conservancy strives to retain the character, architecture and charm of the overlay district. After reviewing the application and reviewing public comment regarding this application, the. Conservancy believes the commercial enterprise in question presents a direct threat to the peace and tranquility of the neighborhood, and substantially reduces the ability to protect Tustin's heritage. In truth, rather than enhancing the goals of the Cultural Resource District as listed in Resolution 4207, it will cause immense traffic congestion in the neighborhood, increase parking problems on residential streets, increase noise pollution and will most likely cost Tustin tax payers' money to monitor the activities, parking and event attendees. Finally, the Tustin Preservation Conservancy believes if the City Council approves the Conditional Use Permit CUP 2012-10 a precedent will be set for commercial zoning in Old Town Tustin residential neighborhoods which would be a threat to the long term viability of the area as residential neighborhoods. We urge you to deny the requested Conditional Use and preserve the Old Town Tustin l listoric District as it was envisioned by a far-sighted city council twenty-five years ago this year. Sinc ely, _,m aJenning� President , Binsack, Elizabeth fyi From: Erin2Busy fmailto:erin2busyCalaol.com1 Sent: Wednesday, August 14, 2013 11:17 AM To: CITY COUNCIL Subject: Intimidation Hello Council Members, AUG 14 2013 WGNIZZ�� Local nonprofit organizations and/or their board members (including TCF) have been receiving threatening phone calls and/or letters stating that they will lose their nonprofit 501(c)(3) status if they lobby for approval of the Wilcox Manor CUP. I bring this to your attention because this is not only incorrect information, it is another example of the lengths certain people in Tustin will go to tear apart our wonderful community. Nonprofits are definitely allowed by the IRS to lobby elected officials. The New Jersey Center for Nonprofits has an excellent overview of what is allowed http://www.ninonprofits.om/NPsCanLobby.htmi. As you will read, it is perfectly legal, and encouraged, for nonprofit organizations to lobby with the exception of intervening in a political campaign of any candidate for public office or engaging in partisan activity of any kind. I encourage you to do all in your power to put a stop to these threats. It was appalling when the anti -Wilcox coalition called the police on the Community Volunteer "Superheroes of Tustin" Recognition Luncheon, but this intimidation of the organizations and volunteers who give so much to serve our community is absolutely atrocious. Most Sincerely, Erin Nielsen wcticcCitc D+r'e(o;' t u3tittiC n10/n44YI11V i i'1'+.721.03'37 cr'lC www tuxtivtccn+,+,�r,.�„ ,Manx �.g, Please consider the environment before printing this e-mail http'//voiusnzeert�,c�!Yvu�>wunu.vutvfvi .datwwa� ATTACHED ARE DOCUMENTS FROM A PUBLIC RECORDS ACT REQUEST FILED BY THE APPLICANTS ON THE CITY OF ORANGE THE APPLICANTS REQUESTED THE DOCUMENTS BE PROVIDED TO CITY COUNCIL Chad Ortlieb 195 S. Myrtle Ave Tustin, CA 92780 November 6, 2012 City of Tustin Attn: Honorable Mayor and Councilmembers 300 Centennial Way Tustin, CA 92780 SUBJECT: CONDITIONAL USE PERMIT 2012-10, PARTY FACILITY AT 310 S. PASADENA AVENUE Dear Honorable Mayor and Councilmembers, Thank you for your service to your constituents and to your time and consideration of the subject application. I do not support the subject application as it is proposed and request that it be denied for any of the reasons within this letter. For the record and to establish my qualifications for your consideration of all the considerations in this letter, I have about 18 years of municipal code enforcement and planning experience. I served as an Associate Planner for the City of Tustin for about 3.5 years and am currently a Senior Planner for the City of Orange. Reasons to deny the application are as follows: The approval authority statement in the staff report is incorrect. The zoning does not allow the proposed use. The staff report states that the City Council may consider the proposed use/application pursuant to Tustin City Code (TCC) Section 9252j2(a)(2). However the statement is incorrect. TCC Section 9252j2(a)(2) states "All uses shall be permitted in the Cultural Resources Overlay District as are authorized in the underlying Residential District" Furthermore, "The City Council may also permit other nonlisted uses which support the.purposes of the district as a conditional use following a public hearing and recommendation by the Planning Commission." (emphasis added) The project's single family residential (RI) district does not allow party facilities. But TCC Section 9233ci2. conditionally permits "party facilities including birthday party businesses" in the C2 zoning district. Therefore, the proposed use is not authorized or nonlisted because R1 district omission of the "party facility" use mentioned in the C2 district means the party facility use is acknowledged by the City but not allowed in the Rl district. Further bolstering the argument that the party facility use was specifically omitted from the R1 district is the fact that churches are both contemplated uses and listed as Chad Ortlieb 195 S. Myrtle Ave Tustin, CA 92780 in crafting the code by our City forbearers and the thought process envisioned should be honored by denying the application. For the record, the C2 district also conditionally permits, churches, fraternal organizations and lodges and, clubs and social halls. Given that the use is not allowed by the code, any policy created to allow the use for' nonprofit events use should also be invalidated by the Council. If the council wishes to establish a policy or new code for nonprofit events, careful consideration should be given to the parameters to which the policy would apply, not just to allow unlimited events. A good start would to be basing the policy on very accurate findings linked to the Cultural Resource District. If the City has any intent to approve this use the proper application should be a General Plan Amendment(s), Zone Change to R3, Zone Text Amendment, Environmental Impact Report for disclosure of Citywide impacts of such uses in R3 'zones and their associated off-site parking lots. 2 Contrary to the City's legal staff indications at the Planning Commission meeting, the proposed use will run the life of the land. The City and neighborhood have no idea what the future operations will look like, who will operate them, and in what manner they intend to operate them. Furthermore, the use proposes catering with many if not all events including alcoholic beverage service and there are no restrictions on the type of events (weddings, birthday parties, graduations, etc). Hence, the use could involve emotionally charged events and the addition of alcohol leverages tremendous odds during the life of the use (conceivably forever) of one day contributing to a DLII, fights, public intoxication, public urination, loud conversations, litter, patrons getting hit by cars, or worse. Furthermore, the use itself will have ramifications on noise and cause a commercial feel to the neighborhood. Given the life of the entitlement, the odds increase with time that negative effects and problems will occur in the neighborhood. The disclosures of the use required with real estate transactions could also cause a decline in property value and disincentivize others from improving their properties. 3 The fiscal impact statement of the staff report is not accurate. The use places a burden on taxpayers. For example, my personal knowledge of the French Inn, a similar operation in the City of Orange shows multiple complaints, multiple allegations of violations, multiple investigations by police and code enforcement staff, and significant involvement by planning staff. Enormous amounts of staff resources were involved in responding, investigating, and documenting the complaints.' Whether the complaints were founded in fact or not is not the significance here. The significance is that the City of Orange taxpayers collectively (as opposed to localized to the use) paid for the time and resources associated with monitoring the party facility. If the City of Tustin approves the proposed use, the odds of more applications are likely to occur, the applications would need to be approved on the same grounds as the subject application and, tremendous City resources would likely be necessary to monitor the use at great expense to the overall City taxpayers. The revenue benefit of the proposed use would likely be limited to business license taxes which will not come close to the monitoring costs the project will create. No evidence has been provided that the proposed use will have trickle-down effect on engaging revenues Chad Ortlieb 195 S. Myrtle Ave Tustin, CA 92780 from sales or services of other businesses in the City. By approving the project, the decision may imply that the public should subsidize the use with no nexus to maintaining the historical the property. There will be no guarantee that profits from the party facility will go towards maintenance and rehabilitation efforts of the property. The historic nature of the property and district has no correlation to the proposed arties. 4 Even if the City Council disagrees with project denial reason 1 above, the whole of the findings for the project cannot be made. The following response correlates to the numbered findings beginning on page 13 of the staff report as follows: 1. The use is not authorized in the RI district. See denial reason I above. Furthermore, the Planning Commission recommendation was not based on accurate legal information. See legal scrutiny item one in the following table. 2. The use is not most similar to "other assembly uses such as churches, schools, parks and playgrounds." The use is listed as a party facility. See denial reason 1 above. 3. Any charity events or other events not for profit may occur on site within reason as to be defined by the City. The not for-profit uses could be terminated by the City at any time if a problem occurred based on police action and an expectation of consistent reoccurrence would not persist. The CUP causes a new entitlement that is very difficult to revoke due to evidentiary requirements, site monitoring and, staff resources. The for-profit party facility also introduces greater likelihood of a different clientele than has existed for prior events. 4. This finding can be made. 5. The staff provided argument is irrelevant because the CUP runs with the life of the land. The Council cannot assess the character of the existing owner beyond a Police Department recommendation because the character of future operators cannot be known. 6. The finding mandates that the conditions ensure compatibility of the proposed use with the surrounding uses and the Tustin City Code. Nothing can "ensure" the finding is met. Furthermore, how can a party facility be compatible with a predominantly single family residential neighborhood? 7. This finding merits further thought. 8. This finding merits further thought. 5 The Planning Commission findings and recommendation that the proposed outdoor event use supports the purposes of the CR district is inadequate. The following response correlates to the bulleted findings on page 13 of the staff report as follows: Bullet 1 — As the application was originally proposed, introduction of persons to Tustin's historic resources would be focused on the outside of the applicant's house. Evidence is not apparent in the record to show that fostering of knowledge, understanding, and appreciation of Tustin's past would occur to any more extent as a result of a for-profit party facility on-site. Bullet 2 — Sufficient evidence has not been provided that creates a nexus between how an outdoor party facility would complement the historic structure and promote the identity of Old Town Tustin. Chad Ortlieb 195 S. Myrtle Ave Tustin, CA 92780 Bullet 3 — Enjoyment of the property from the parties would be outdoors and primarily to those paying and/or invited. Some persons could see the historic property become a detriment via association with the party facility if problems arise. Bullet 4 — See denial reason #4 above. Bullet 5 — The use may be conditioned to reduce potential conflicts between the events and the surrounding Cultural Resource District but it could not "avoid" conflicts. Significant evidence exists to question if the project could reduce impacts in CEQA terms below a level of significance without mitigation measures (specifically noise). 6 The project is not consistent with all the purposes of the CR District as identified.in the staff report, page 2. The below responses also seek to rebut the applicant statements included in the staff report. Please note that the applicant response numbering does not correlate exactly with page 2 of the staff report. A response correlates to each purpose statement as follows: 1. Purpose not met — The project is a use not a structure. The party facility is independent of the structure. No guarantee of preservation is part of the application. The applicants past efforts to enhance and offer tours of the home are independent of the application. 2. Purpose not met — The preponderance of the project is for parties not promotion of the City's past. Promotion of the home is allowed independent of the application. Use of the inside of the home is not part of the original application nor guaranteed via project conditions nor can future intent of the applicant be made part of the approval basis. To meet this purpose, interior use would need to be available now accompanied by a plan to encourage public knowledge, understanding and, appreciation of the City's past or the proposed use would not be allowed to occur until such parameters are met. 3. Purpose not met — The recognition of the property and neighborhood occurs with or without the project. In my opinion, the project has actually served to divide the neighborhood. A private event does little beyond promote the event. No evidence of a preponderance of events focusing on cultural resources has been demonstrated. 4. Purpose not met - The party facility does not serve primarily to provide public enjoyment of a culturally signification neighborhood or structure to educate anyone. The enjoyment of the property would occur by the owners own initiative independent of the application if they so choose to continue undergoing tours under existing policy. No evidence has been provided to show that the CUP would preserve the home or that for profit party proceeds would go towards the home. 5. Subjective — The addition proposed for the project occurs at the rear of the property and is not the predominant view from the street. It is a stretch to determine that one accessory building enhances aesthetics and diversity of architectural appeal of the City. The existing Mills Act contract for the property is independent of the proposed CUP for outdoor parties. 6. Purpose not met — No proof has been provided that the use increases property values or offers economic and financial benefits to the City. Arguments may be made that public disclosure requirements of the use for real estate sales may actually be a detriment to property values. 7. Purpose met Chad Ordieb 195 S. Myrtle Ave Tustin, CA 92780 8. Purpose not met — The proposed "alternative land use" which is not permitted creates a conflict between the historic and cultural resource. The use introduces greater risk of noise, street parking, fights, DUIs, pests and, litter in a predominantly single family residential neighborhood. Applicant efforts to preserve the property are independent of the application especially as evidence by the fact they have already been implemented. No traffic flow plan has been provided as stated in the applicant purpose statement finding. 7 The project is not consistent with the General Plan as stated on page 12 of the staff report as follows: Policy 5.5 — A party facility does not encourage restoration and rehabilitee of properties in Tustin. The use may prevent rehabilitation of surrounding properties. There is no guarantee that profits from the party facility will be used to maintain the structure. Policy 6.5 — The use does not make preservation actions, the homeowner does. The applicant has to maintain the .property (and has done so) independent of the application/proposed use. Policy 6.11 — The use has no nexus to the structure. The use causes the neighborhood to be identified as a mixed use area based on the commercial nature of the use. This is a residential neighborhood. Policy 7.1 - As stated in this letter, the business license revenue from the use would not counterbalance the City resources that would likely be needed to monitor and respond to complaints of the use. Goal 10 — This is a commercial goal. Shuttles don't provide a pedestrian use. This project does not meet the intent of this goal. Policy 10.1 — The use has a party focus and purpose. It does not improve the residential focus of the policy. 8 Noise — The proposed use would be subjected to the City noise ordinance which requires uses to comply with a 55 dBA limit. Normal conversation is at 60 dBA at 100 feet away and music events are typically between 90 and 100 dBA. Although the General Plan noise contour map for the area shows noise in the range of 65-70 dBA, the properties of sound have not been analyzed for tone or the doubling properties of noise when other noise sources occur. The buffering and reverberating effects of the freeway sound wall also have not been analyzed for this project. There is a very strong likelihood that tonal or ambient noise impacts from the project will occur in violation of the TCC as a result of the project. At the very least, common sense should prevail in determining that the outdoor use can't even comply with the code for outdoor conversation and elevated speaking due to ambient noise increases would worsen the situation. It is ridiculous to think that outdoor music or entertainment for an event would have to be less than the noise of normal conversation. Hence the noise impacts of the project in violation of the TCC are alone grounds for denial. Furthermore, the increased noise impact to an off-site parking lot would also need to be analyzed resulting from increased traffic, voices, atter party activities and car lights. 9 Vector Control — Increased food service and food waste from the project will likely increase pests in the area regardless of how well residential service disposal containers are utilized. Not all food scraps are likely to be identified from the grass area where tables and chairs will be placed in the backyard and the neighborhood will likely endure additional Chad Ordieb 195 S. Myrtle Ave Tustin, CA 92780 est control costs. At the very least County Health officials should opine on the matter. Reasons CUP 2012-10 may be subject to legal scrutiny/challenge: 1 Misinformation by the City Attorney at the Planning Commission Meeting may have led to an uninformed Planning Commission recommendation. Specifically, the City Attorney at the meeting informed the Commission that the CUP may be tied to the applicant and terminate with the applicant's abandonment of the use. Since the Commission is required to review the application and make a recommendation to the Council, the recommendation anDears based on misinformation. 2 The CEQA exemption is flawed in that the facility is not proposing like for like facilities. The City proposes a Class 1 exemption under Section 15301 (Existing Facilities) of the CEQA guidelines. This section states in part that "The key consideration is whether the project involves negligible or no expansion of and existing use." The use clearly is an expansion of the residential use to a non -permitted commercial use. An initial study and subsequent environmental document need to be prepared. 3 Since the project does not appear to be exempt from CEQA, it should have an environmental document. Indications in this letter are that the project would have potential impacts to the environment with regard to noise, community health (vector control) and, potentially public facilities for monitoring needs of the proiect. 4 The legal notice and staff report project description do not include the parking lot location. The parking lot must be known and advertised so that the public that may be affected by the future parking lot are included in the mailing notice radius. 5 The parking lot is not analyzed as part of the project. The parking location lot must be fixed, disclosed and, analyzed so those affected by potential intensified use can voice their concerns as part of the hearing process. The background and surroundings of the supporting parking lot are integral to the project. Furthermore, any parking lot associated with the project should be accompanied by the parking lot owner being a co -signatory to the application since that lot will be linked to the project. At the least, the parking lot property should also be named in the CUP with a letter from the owner stating that they agree to the terms and conditions of the CUP for the public to witness. 6 The hearing date is occurring on election day, a time when many persons may be hindered from participating in the public hearing process and providing comments due to their civic duty. Furthermore, the public has had only had since after 3:00 p.m. on November 2, 2012, to provide comments in response to the City Council staff report, which has new applicant - initiated project descrition revisions. 7 The project description and terms were changed without benefit of a new application or, at the very least, a re -review by the Planning Commission. If the City Council has any intent to approve this project, it needs to be remanded back before the Planning Commission because TCC Section 9252j2(a)(2) requires a Planning Commission recommendation. How can you have a recommendation on the amended project? Furthermore, the change of the project description and terms creates a moving target for City staff, decision makers, and the public. An amended application should be required to go through the entire disclosure notification, and order of review process identified in the TCC. The applicant 2 Chad Ortlieb 195 S. Myrtle Ave Tustin, CA 92780 demanded changes at the final moments of the project review on short public notice bring into question who's document the resolution is. It is the people's resolution and staff's right to recommend the conditions, not the applicant's. If the applicant changes the terms of the project or voices objections they should do it at the Planning Commission and not disorient staff, the public and the Council just prior to decision time. Additional Issues or Considerations: 1 The Planning Commission staff report did not inform the public that unlimited non-profit events up to 200 persons could be had without benefit of any permit. Now the City, via the Planning Commission action and City Council staff report, appears to have opined that non-profit events may be limited. A very well defined policy, or preferably code created in accord with CEQA, should be formulated to address occasional non-profit supportive events, Perhaps temporary use of special event procedures already exist in the City Code that can be used to tier a decision from. 2 The former, policy of allowing the use of the public streets for parking in support of the non-profit events appears to have been reversed. The applicant and public should have a clear indication as to when street parking can be used for non-profit events. 3 The policy issue analysis of the staff report (page 10) implies that the proposed use would be similar to other events and gatherings in Tustin and other Southern California Cities without significant disruption to the community. However, approval of the proposed use could introduce a different operational plan and target a different partygoer than the comparisons provided by staff. Furthermore, complaints received for the French Inn in the City of Orange have included reports of noise violations and public urination. Although complaints have not been received by Orange staff in the past two years, it can at least be speculative that the complaining parties have abandoned reporting complaints due to evidentiary rocedural requirements necessary for citations or CUP revocation procedures. 4 The staff report (page 10) notes that "other assembly uses, such as churches, schools, parks, and playgrounds are conditionally permitted in the Single Family Residential (R1) zoning district." The analysis then goes on to imply that the proposed use is the most similar to the aforementioned uses. However, the TCC states that the use is a party facility. The analysis also mentions mitigation measures. However, the project has been determined to be CEQA exempt. The statement of the mitigation measures goes to the argument that the project should not have received categorical exemptions. The appropriateness of the use (as a basis of CUP approval) is also linked to "the level of experience and professionalism of the operators of the assembly use." The project is completely separate from the applicant's character other than for Police Department recommendation purposes. The character of future operators is unknown. The applicant character has no nexus to the proposed use given that they could sell the property and hand the use to a subsequent operator at any time. 5 The location of the project merits consideration. It is in a predominantly single family residential neighborhood with a cul-de-sac on each end of the street and only one access point in. Comparisons to other similar uses in other jurisdictions should be based on the same locational standards. The French Inn introduced into the record at the Planning Commission meeting is on a through street in a more dense part of town. Chad Ortlieb 195 S. Myrtle Ave Tustin, CA 92780 6 The citations condition for the project ranges from $100 to $500 for violations of CUP conditions. If the project fundraising events raise $100,000 how would the fine be an incentive to sto reoccurring violations? 7 The staff report contains a public input section. This section may not accurately disclose constituent and public sentiment of the project since many persons repeatedly accepting of the applicant's hospitality may feel obligated to sign an applicant form letter, petition, or speak on the applicant's behalf. Additionally, the project has greater Citywide implications with regard to proposed party facilities taxpayer burdens if it is approved. Persons in other reaches of the City may have oppositional voices to the project in light of such implications. Furthermore, property owners and/or residents next to the parking lot that would support the project may have an opinion on the project as well. 8 The project is limited to a total of 200 persons, Clarification would be appreciated as to if that includes the support staff or just the guests. 9 The Planning Commission action included recommended Condition 2.22. This action is not enforceable but strongly implies the Commission's reliance on the City Attorney's false information. 10 The applicant requests removal of Planning Commission recommended Conditions 2.7 and 2.13 which would remove a requirement for event attendees to present proof of shuttle use and not re wire use of shuttle service. Why would the applicant object to the conditions? 11 The applicant requests removal of Planning Commission recommended Condition 2.24. Why would the applicant request removal of the condition? They would still need to comply with the TCC especially when the doubling of sound and tonal properties of sound are of issue. Other options available to the Council: 1 You may find the application was flawed and the use is not allowed. 2 You May remand the application back to the Planning Commission. 3 You may find the application lacks required analysis via the proper CEQA process and deny the aiinlication without prejudice. Thank you for your consideration of the arguments, comments, and questions within this lettter. Please deny the project. I intend to speak at the public hearing regarding my positions in this letter. I will try to present as much as I can in the 3 minutes allotted. I am requesting that you allot me additional time for summation of the content of this letter in my presentation. Regards, Chad Ortlieb 9 From: Chad Ortlieb Sent: Monday, January 14, 2013 5:09 PM To: 'Reekstin, Scott' Subject: RE: Nonprofit party policy and use of City streets for nonprofit events policy I don't believe it is code based. I thought it was a policy. A significant number of neighbors also recall those numbers. wonder if it appears in a PC report or minutes. If I can, I'll check. Thanks From: Reekstin, Scott [mail to:SReekstin0tustinca ora] Sent: Monday, January 14, 2013 4:58 PM To: Chad Ortlleb Subject: RE: Nonprofit party policy and use of City streets for nonprofit events policy Hi Chad, Thank you for letting me know. I will forward your email to the City Clerk's Office. You refer to 200 persons and 50 persons as limits for non-profit events. Is it your understanding that there is a Tustin City Code Section that establishes these limits? Scott SCOTT REEKSTIN I SENIOR PLANNER City of Tustin I Community Development Department 300 Centennial Way I Tustin, CA 92780 P. 7 t4 - 57:3 - 301.6 1 F. 714 - 573 - 311.3 From: Chad Ordleb [maiito•cortliebCobdtyoforange ora] Sent: Monday, January 14, 2013 4:23 PM To: Reekstin, Scott Subject: Nonprofit party policy and use of City streets for nonprofit events policy Hl Scott, At the Council meeting tomorrow I may speak to request that the Council direct staff to provide clarification of the City's policy for non-profit party events and the use of public street parking for such events. I believe the issue has not been settled. I have heard that up to 200 persons could occur for non-profit events, then I heard that the number of persons is limited to 50. 1 first understood that street parking could be used in support of such events, then there were implications that no public parking could be used to support such events. I may also be seeking staff clarification as to if non-profit party facilities are allowed by code and will be noting my position that I do not believe they are allowed by right In residential zones. Because the Wilcox Manor applicants propose to delay their application for about 9 months (are they allowed that long per code?) I believe that the questions surrounding the policy matters need to be answered by the Council now in advance of the 9 month delay and, if the Council will not be taking public input on the project, my comments to the Council would qualify under "other matters". Therefore, I may be requesting to speak under the "other matters" section of the agenda. Regards, Chad From: Chad Ortlieb Sent: Tuesday, November 13, 2012 2:55 PM To: 'Linda Jennings' Subject: RE: [New post] On the Planning Commission Agenda, November 13, 2012 Thanks. I'll take a look. From: Linda Jennings [mail o•linda enninasCc)hotmail com] Sent: Tuesday, November 13, 2012 2:26 PM To: Chad Ortlieb Subject: Fwd; [New post] On the Planning Commission Agenda, November 13, 2012 Saw this today and thought you might want to take a look at it. Sounds suspicious Sent from Linda's iPad Begin forwarded message: From: Our Town Tustin <> Date: November 13, 2012, 8:01:38 AM PST To: lindaciennin rs Rhotmail.com Subject: [New post] On the Planning Commission Agenda, November 13, 2012 Reply -To: "Our Town Tustin" <conunent+ri5gr8cbnbhnva9- g32b le<cr?,comment.wordpress.com> Jeff Gallagher posted: "As opposed to the near dot of Wilcox supporters inundating the council chambers a few weeks ago, here are only a couple of things on the Tustin Planning Commission agenda this Tuesday. None of it is likely to generate much interest among Tustinites. Sti" " Respond to this post by replying above this line New post on Our Town Tustin .�� As opposed to the near riot of Wilcox supporters inundating the council chambers a few weeks ago, there are only a couple of things on the Tustin Planning Commission agenda this Tuesday. None of it is likely to generate much interest among Tustinites. Still, we are obligated to report. The first is a Public Hearing [... ] Read more of this post Jeff Gallaciher I November 19, 2612 at 0 00 am j Tags: condiCional use pcnnit, cons iracv theories. gxPord tutorin_g.. tustin r)iannina 1 commission I Calegones. Local Government, gglitics, Tustin Citv Commissions I URL: http:/hvo.me/oIIMNI-F3 See all comments Unsubscribe or change your email settings at Manage Subscriotions. Trouble clicking? Copy and paste this URL into your browser, I>��/tourtowntt�stin.00m/2o12J11t131on-the-plannino-commission-a n november-13-2012! Thanks for flying with SWord Press.com 2 From: Reekstin, Scott [SReekstln@tustinca.org] Sent: Tuesday, November 06, 2012 9:59 AM To: Chad Ortlieb Subject: RE: CUP 2012-10 Chad, I received your letter, which will be provided to the Councilmembers. I will see you there tonight. Scott From: Chad Ortlieb[mailto:cortiieb@citvoforangeQrg] Sent: Tuesday, November 06, 2012 9:16 AM To: Reekstin, Scott Cc: Wilikom, Justina; Binsack, Elizabeth Subject: CUP 2012-10 Good Morning Scott, Please see my attached comment letter on the subject application for distribution and inclusion into the public record. Please let me know that you received the letter and will be distributing it to those addressed for tonight's meeting. Thank You From: Chad Ortlieb Sent: Tuesday, November 06, 2012 9:16 AM To: 'Reekstin, Scott' Cc: 'jwillkom@tustinca.org'; 'ebinsack@tustinca.org' Subject: CUP 2012-10 Attachments: 20121106090718941.pdf Good Morning Scott, Please see my attached comment letter on the subject application for distribution and inclusion into the public record. Please let me know that you received the letter and will be distributing it to those addressed for tonight's meeting. Thank You From: Chad Ortlieb Sent: Monday, November 05, 2012 8:19 AM To: 'ebinsack@tustinca.org'; 'dogdon@tustince.org' Subject: FW: Wilcox Manor Hi Elizabeth and Dana, Scott's e-mail auto reply reports he is out of the office today. Hence the forwarding of the below to you. Regards, Chad Ortlieb From: Chad Ortlieb Sent: Monday, November 05, 2012 8:14 AM To: 'SReekstin@tustinca.org' Subject: Wilcox Manor Hi Scott, I plan to oppose the Wilcox Manor project and submit a letter to that effect. I'm sorry that I didn't contact staff prior to the PC meeting last time with advance notice. I did not Intend to put staff on the spot. I had just read the staff report the night before the PC meeting. I could have put forth a better effort in contacting you the day before the meeting — again, I'm sorry. Upon further analysis of the project, I believe it increases the odds that what I will leave my son with someday may become tainted by the proposed use in our lifetime and/or his. I have to put family first. Additionally, I feel a moral obligation to share my professional knowledge of the ramifications of the proposed use to neighbors. We have a neighborhood discussion about the project with Councilmember Gomez on Saturday morning, at which time I voiced my concerns. There are a comprehensive list of challenges to the project that I plan to present in a letter to preserve legal rights in case the Council approves the project. I will take time off this afternoon to create a letter for presentation into the record tomorrow. Would staff be available meet with me towards the end of the day to hear what my arguments will be? I have to leave for a noon meeting around 11:30 today. If staff can meet, I would be appreciative if you could let me know before I leave for the day. Also, if you can meet, will you let me know who would be In attendance? Thank You From: Chad Ortlieb Sent: Monday, November 05, 2012 10:26 AM To: 'Reekstin, Scott' Subject: RE: Wilcox Manor Sure, thanks. I'll be there at 4:00. From: Reekstin, Scott [mailto:SReekstin(abtusbnca.orc] Sent: Monday, November 05, 2012 9:21 AM To: Chad Ortlieb Subject: RE: Wilcox Manor Hi Chad, Would you be able to stop by between 4 pm and 5 pm? Justina and I would be able to meet with you then. There is a possibility that Elizabeth would join us as well. Scott From: Chad Ortlieb [mailto:cortlieb(a)citvoforange ora] Sent: Monday, November 05, 2012 8:14 AM To: Reekstin, Scott Subject: Wilcox Manor Hi Scott, I plan to oppose the Wilcox Manor project and submit a letter to that effect. I'm sorry that I didn't contact staff prior to the PC meeting last time with advance notice. I did not intend to put staff on the spot. I had just read the staff report the night before the PC meeting. I could have put forth a better effort in contacting you the day before the meeting — again, I'm sorry. Upon further analysis of the project, I believe it Increases the odds that what I will leave my son with someday may become tainted by the proposed use in our lifetime and/or his. I have to put family first. Additionally, I feel a moral obligation to share my professional knowledge of the ramifications of the proposed use to neighbors. We have a neighborhood discussion about the project with Counciimember Gomez on Saturday morning, at which time I voiced my concerns. There are a comprehensive list of challenges to the project that I plan to present in a letter to preserve legal rights in case the Council approves the project. I will take time off this afternoon to create a letter for presentation Into the record tomorrow. Would staff be available meet with me towards the end of the day to hear what my arguments will be? I have to leave for a noon meeting around 11:30 today. If staff can meet, I would be appreciative if you could let me know before I leave for the day. Also, if you can meet, will you let me know who would be in attendance? Thank You From: Chad Ortlieb Sent: Thursday, November 01, 2012 11:33 AM To: 'DiLeva, Adrienne' Subject: RE: Staff Report to City Council Thank You From: DiLeva, Adrianne [mailto•ADiLeva(a)tustinca oro] Sent: Thursday, November 01, 2012 11:26 AM To: Chad Ortlieb Subject: RE: Staff Report to City Council Hello Chad, I don't believe that would be a problem. The report is scheduled to be ready for public viewing tomorrow. I will be in the office all day tomorrow, and will let you know when the document is available. Just FYI- you may also be able to download it and save the pdf copy directly from our City Website to your storage device. Either way, I will let you know when it is available and you can stop by or save a copy directly. Thanks for getting back to me, — Adrianne From: Chad Ortlieb [mailto•cortlieb a@citvoforagge org] Sent: Thursday, November 01, 2012 11:18 AM To: DiLeva, Adrianne Subject: RE: Staff Report to City Council Hi Adrianne, May i bring in a USB memory card or blank CD and have a pdf and Word version of the staff report placed on the digital storage device? When will the staff report be ready for public viewing? Thanks From: DiLeva, Adrianne [mailto ADiLevaClatustin a oro] Sent: Thursday, November 01, 2012 8:56 AM To: Chad Ordieb Subject: Staff Report to City Council Hello Chad, The City Clerk's office is currently preparing the CUP 2012-10 (Wilcox Manor) staff report for distribution. For the staff report to the Planning Commission, you requested a hard -copy be mailed to your home. Would you want to provide me with your personal e-mail address so that I can transmit the City Council report to you electronically? The City Clerk's office will be charging for the reproduction of the report, so I wanted to make the electronic option available to you. Please let me know how you would like to receive the report — thank you. Adrianne DiLeva, Administrative specialist City of Tustin, Community Development Department 300 Centennial Way Tustin, CA 92780 (714) 573-3106 (p) / (714) 573-3113 (f) aclileva@tustinca.ors From: Linda Jennings [lindacjennings@hotmail.comj Sent: Monday, October 15, 2012 9:31 AM To: Chad Ortlieb Subject: Re: Wilcox Manor If and when I hear from our attomey, I'll let you know. Sent from Linda's iPad On Oct 15, 2012, at 9:29 AM, "Chad Ortlieb" <cortliebnacityoforanee.org> wrote: That is the part I don't know. From: Linda Jennings [mailto•Iindayjenningl@bDtmaii com] Sent: Monday, October 15, 2012 9:00 AM To: Chad Ortlieb Subject: RE: Wilcox Manor That's all pretty clear to me, but can it stop the action if the council wants it passed? Dodo jenriq�. Subject: RE: Wilcox Manor Date: Mon, 15 Oct 2012 08:51:32 -0700 From: cordleb(acityoforange.oro To: I indacjennings(ftotmail.com There undoubtedly was pressure. I completely see your offense to the use of the goals. I caught that too but ran out of time with my speech. I think Fred, being an attorney, saw that most of the findings were weak. I thought he was going to dissent. Brent didn't mention an attorney but we talked about getting all our points out for the Council Meeting so we could establish all our arguments for the administrative record in case we need to go that route. In my opinion, there may be 3 grounds to challenge the project on: 1. Lack of proper findings. 2. Failure to identify the proper CEQA mechanism (i.e. how can a Class 1 be used? The property is not going from a like (residential) to like use. It is going to a commercial use. 3. Overstepping of Directorial authority. If the R3 zone (or any other zone) allows banquet facilities per specific listing in the code and the single family zones don't show any listing, the code is clear that banquet facilities are not allowed in single family zones by fact of ommision. The Director would not have had the authority to allow the proposal to come forward. ( I still need to verify the code as to what it says is allowed in the R3 district). From: Linda Jennings [mailto lindac enningsk�hotmail com] Sent: Monday, October 15, 2012 8:41 AM To: Chad Ortlieb Subject: RE: Wilcox Manor I contacted the attorney we used during the Fairbanks case to get her opinion. I believe we need to postpone it until after the election. Most of us suspect strong political pressure on Elizabeth as Lindburgh and Michael have given fund raising events far John Nielsen and two other candidates running with him. I was very offended by the use of the CRDistrict goals with this application. Had the feeling Fred Moore was also, as he asked to have them removed. Looked to me like staff was grasping at straws to get this passed. Did Brent mention hiring an attorney to you? Maybe getting it postponed on the CEQA grounds Linda Jenni i{s Subject: RE: Wilcox Manor Date: Mon, 15 Oct 2012 08:14:59 -0700 From: cortliebno cilyoforan a oro To: Enda ienni gs( hotmail com Hi Linda, Some of the conditions are either the variety that can't be enforced or typically aren't enforced by cities due to the time and costs necessary to verify violations. This project runs with the life of the land so, contrary to what the acting City attorney said, they can't terminate the use based on termination of the use by the user. I'm not sure what the Commission's motives were. I was hoping the Commission would recommend denial recommend a remand the project back to staff to overturn the CUP policy allowing banquet facilities in a single family residential zone and cause the applicant to conduct more review of traffic and noise in association with a General Plan Amendment and Zone Change. You are right to be suspect of the CEQA determination. I really didn't present a CEQA challenge at the meeting since my objective at that time was to limit the number of events. I may present the full challenge at the Council meeting after seeing that this has become an all or nothing scenario. I spoke with Brent and he can fill you in if you get the chance to speak with him. At the Commission meeting I mentioned that in CEQA terms, deferral of a traffic analysis was deferred mitigation in CEQA terms. Thanks for covering the fact that the historic designation of the property is not being showcased for the purpose of the events. I think the whole of the findings is very vulnerable for this project. It will be interesting to see what staff modifications to the findings are made for the Council report. For staff's sake, I hope they provide more analysis that they should have done from the beginning. Staff does have the right to change their recommendation in light of the information provided at the meeting. However, I don't see Elizabeth doing that. Regards, Chad Ortlieb From: Linda Jennings [mailto lindaenninysC�hotmail com] Sent: Friday, October 12, 2012 11:44 AM To: Chad Ortlieb Subject: Wilcox Manor The Conservancy is looking at the next step for this CUP request. We suspect the Plan Com put the onerous conditions on it to dissuade the guys from pursuing it. Also, the only way they could insert new conditions prior to council consideration was to approve it. We are suspect of the CEQA decision and I can't remember if you mentioned that. Any thoughts? Linda ]enninr From: Chad Ortlieb Sent: Thursday, September 20, 2012 11:30 AM To: 'Reekstin, Scott' Subject: RE: French Inn[Wilcox Manor Thanks Scott. I really appreciate it. Can you let me know when the second unit ordinance meeting is and when the proposed revisions are ready for public viewing? My address Is: Chad and Amy Ortlieb 195 S. Myrtle Avenue Tustin, CA 92780 From: Reekstin, Scott [mailto•SReekstin(o)tustinca org] Sent: Thursday, September 20, 2012 11:09 AM To: Chad Ortlieb Subject: RE: French Inn/Wilcox Manor Hi Chad, Thank you for your quick response. Wilcox Manor does not have a CUP for a bed and breakfast and the owners are not proposing it. They have proposed to hold Paid outdoor events (up to 24 per year) and this requires a CUP. (the events so far have been for charitable purposes and did not require a CUP) The use of an off-site parking lot is proposed; no on -street parking is proposed. The first hearing is tentatively scheduled for October 9. The City Council will also have to hold a public hearing. Just send me your street number, since I can't remember it. We are expecting a huge turnout at the public hearing. As for the second unit ordinance, we are still drafting it, but are proposing to allow second units on any size lot in Old Town. Just keep in mind that garage parking spaces would likely still be required, although we are considering different requirements based on the size of the second unit. Guest units (as opposed to second units) without parking (and without kitchens, of course) might be prohibited. Scott From: Chad Ortlieb [mailto cortlieb(a citvoforange org] Sent: Thursday, September 20, 2012 10:30 AM To: Reekstin, Scott Subject: RE: French Inn/Wilcox Manor Hi Scott, I'm okay and hope you are too. Our code enforcement records show a history of complaints about the site since 1999. The complaints pertain to noise from live entertainment and parking from events. The complaints were from two or three complaining parties, neighbors I believe. The last complaint was in February of 2010 involving exceedance of noise thresholds. The complaint was closed in march 2011 based on the operator having completed a "mediation" plan to the satisfaction of the Planning Manager. No complaints have been filed since. Did the Wilcox Manor get a CUP for a bed and breakfast and they are now seeking a CUP for parties? I'm not concerned, just curious. From my observations, they have been responsible operators in the neighborhood. I'm not sure how they plan to address the use of public street parking for private events. I know they valet but I don't where the valet lot is. I do observe a number of cars up and down the streets for some of their events. Again, I don't mind and I kind of like the vibrancy it adds to the neighborhood but I can see it becoming an inconvenience to someone if they have an event on the same day such as a birthday party that causes completion for street parking. Can you tell me what day their CUP will go to the PC? If you don't know yet, please add me to the notification list. On another topic, did the City of Tustin recently update its ordinance regarding second dwelling units such that it is aligned with or more generous than state law? I heard a rumor but couldn't find it on the website. I'd like to build a guest unit or granny flat in my back yard in the distant future but was previously blocked from doing so because the yard is just shy of the 12,000 allowance threshold. Thanks From: Reekstin, Scott [mailto•SReeks in@) tin Sent: Thursday, September 20, 2012 9:37 AM To: Chad Ortlieb Subject: French Inn/Wilcox Manor HI Chad, How are you? You may have heard that we are processing a CUP for Wilcox Manor to hold paid outdoor events and that there is a bed and breakfast in Orange called the French Inn that holds outdoor events. Can you find out for me whether the City of Orange has received any recent complaints (within the past year) from neighbors of the French Inn? Thanks for your help. Scott From: Chad Ortlieb Sent: Tuesday, February 19, 2013 4:49 PM To: Rick Ono Subject: RE: Dates for Site Visit Roger that. Proms Rick Otte Sent: Tuesday, February 19, 2013 4:30 PM Tot Chad Ortlieb Subject: RE: Dates for Site Visit Let me get back to you. While we follow the "all inclusive" policy (invite, share, inform all equally), in this case we will likely run into a Brown Act issue given the circumstances of the tour. From: Chad Ortlieb Sent: Tuesday, February 19, 2013 2:59 PM To: Rick Otto Subject: FW: Dates for Site Visit Hi Rick, Tita asked that staff extend an invitation to her for any field inspections we will be conducting at the Rio Santiago site. We're still working with the applicant to final an inspection date. Once a date is finalized, will it be appropriate for us to seek inspections for all Council Members or would we just accommodate Tita in this Instance? Thanks for any feedback you can provide. From: Leslie Roseberry Sent: Tuesday, February 19, 2013 12:00 PM To: Chad Ortlleb Subject: RE: Dates for Site Visit Jackie can try and set this up. But I can tell you that Feb 26 probably won't work since that's the time of department head meetings. You'll have to check with Rick about the other council members. March 6 morning and March 7 afternoon works for me. How did your conversation go with Jason about not signing waivers? From: Chad Ortlieb Sent: Tuesday, February 19, 2013 8:49 AM To: Leslie Roseberry Subject: FW: Dates for Site Visit I'll check our internal calendars to see if the inspection days and times work. How far do you think I should extend the net for inviting City staff? I was thinking of the following persons: You Ed Me Marie Rick Joe Wayne Tita (do I ask all Council Members?) From: Abby Hendrix [mailto:ahendrixektov coml Sent: Tuesday, February 19, 2013 8:36 AM To: Chad Ortlieb Cc: Jason Gavin Subject: Dates for Site Visit Hello Chad, I have coordinated some dates on our end that work for the City to visit Rio Santiago, Please let me know which one will work best for your group and who plans to attend. February 26th 9-11 March 6th 9-12,1-4 March 7th 2:30-5 Thank youl 949-851-2133 Main 949-567-3456 Direct 949-221-6251 Fax UE tSL'?[i0 i 'a?II51iS?t C'PkOhd(UH �t•`:iGrv� i\YdOC/ii„�;[+;_, u rlit, ci, > xrr It0C, r ;,real (rr tr'=•nsa. rix.^.�;r� )nlr. +ol'K ( r (' ",, ✓,li Y (;tio, in< !1 1,!)e flt to n' .k of 9'If rI P I, nr .iffri V gjvf� , ., r,i;"r�+ r;u� Iq(: n r ,'ti r: .!' ,.i.,.r�. �hu,3 .,.lour i... tl ....� ,i xy r u fa`in;r (, rl .,.r., ra r a Iopv .; renis ' From: Chad Ortlieb Sent: Thursday, February 07, 2013 4:09 PM To: 'amocco@sbcglobal.net' Subject: FW: City Council appearance From: Linda Jennings [mailto:lindadenninoq@b- rn il.com] Sent: Thursday, February 07, 2013 3:59 PM To: Chad Ordieb Subject: City Council appearance You're our hero, Chad. I had told Brent that the discussion of the CUP by council after you statement in public continents was a violation of the Brown Act. Didn't realize the problem with staff deciding on the postponement. Great work on your part. So where do we go from here? Do you think they will change anything or can we force the issue? If it's ok, I'll forward to you the letter the Conservancy wrote to council and staff on the application. Think I'll get it to them asap. Is it ok to send the letter to you at this email address? Ijndcr fenningf From: ASHABI, MINOO [MINOO.ASHABI@costamesaca.gov] Sent: Tuesday, February 12, 2013 2:42 PM To: Chad Ort!ieb Subject: RE: Hi and Helpl H! Chad: I wanted to give you an update. We approved the business as a retail business only and not a vaping lounge; it was determined that the vaping would require a conditional use permit since it is not a listed land use in the City. WIT'M Moo Ashabi, AIA Principal Flamer aty of Costa Musa 77 Far !five, Costa Mesa, 92628 Ph. (714) 7545610 Fax (714) 754-48% M I NOO.ASHABI rad costamesaca.cov From: ASHABI, MIN00 Sent: Friday, January 25, 2013 4:43 PM To: 'cortlieb@cityoforange.org' Subject: Hi and Help! Hi Chad, How are you? Hope all is well with Amy and your cute little boy (forgot his name? old agel). I needed your help on something. We are getting a request for a "Vaping Lounge", e -cigarette retail and tasting and they referred to a business called "The Vapor Loft" In Orange. What has been your experience with these types of business? Are you considering them retail use? Thanks so much and have a great weekend. Knoo Ashab!, AIA Principal Plaura aty of Costa Mesa 77 Far Drnre, Costa Mesa, 92628 Ph. (714) 7545610 Fax (714) 7544856 M I NOO.ASHABI r7a. costamesaca.00v From: Garrett Hoskins [garretthoskins@att.net] Sent: Friday, June 29, 2012 9:00 AM To: Chad Ordleb Cc: mschlinger@mericai.com Subject: RE: Clarification on Zoning Code 17.20.300 I don't know exact dates of the history, but we have been operating in the City of Orange for many years. Brief history is, a month or two ago a neighbor complained of a noise problem to code enforcement, and then the city contacted us regarding the problem. We hired an acoustical engineer they performed sound tests from the surrounding residential neighborhood and gave solutions to the problem. Then we moved forward with the solutions re -tested the noise levels from the same locations and reduced are decibel level down well below the legal limit. Well the neighbor complained again, so we brought back on our engineer, The engineer actually discovered that It was not our building that was the noise problem but an industrial building that was beyond the 300 foot perimeter. Code enforcement then brought up the zoning code below for running outdoor machinery beyond the hours of 10:00 pm to 7:00 am. So the first question is can we enclose the outdoor machinery with walls or walls and a roof and continue to run as we have for many years. Or the second question is how long ago this code was implemented? We have been operating in Orange for years possibly before the code took place with no problems. We could comply with a legal non -conforming use. We appreciate your help. Thanks, Garrett Hoskins garretthaskins(wattmet 714/448.8136 W W W.DF,SIGNSBYGH.COM http://desimsbygh.tumblr com/ From: Chad Ortlieb [mailto•cortlieb@citvoforange org] Sent: Friday, June 29, 2012 8:19 AM To: Garrett Hoskins Subject: RE: Clarification on Zoning Code 17.20.300 Hi Garrett, Can you please provide me a summation of the code enforcement history pertaining to a site and the below code and a statement of the relief you are seeking from the code? That way I can forward your request to supervisory staff so they have a full understanding of what is occurring here. Finding the date the code was implemented may be difficult but I will try. Thanks ....................... . From: Garrett Hoskins [mailto•ga[retthoskinana att net] Sent: Friday, June 29, 2012 8:05 AM To: Chad Ortlieb Cc: ms WmggrCclmencal com Subject: Clarification on Zoning Code 17.20.300 Hi Chad, Does the zoning code below refer to only outdoor activities? If any of these activities were to take place inside the building envelope would they be allowed to occur during the hours of 7:00 A.M. to 10:00 P.M.? Additionally what date was this code implemented? I appreciate your help. Thanks, Garrett Hoskins an rretth ns kin sGa.ntt.n et 714/448.8136 WWW.DESIGNSBYGH.COM htW:Hdesignsbygh.tumblr.com/ 17.20.300 - Hours of Operation. With the exception of office and security activities, any industrial production, processing, cleaning, testing or repair, outdoor activities, within 300 feet of any residential zone shall be limited to the hours of 7:00 A.M. to 10:00 P.M. The Planning Commission may approve additional hours by conditional use permit when the Commission finds that such hours will not generate additional disturbance or that mitigation measures will insure compatibility with nearby residential districts. No virus found in this incoming message. Checked by AVG - www.avo.com Version: 8.5.455 / Virus Database: 271.1.1/5097 - Release Date: 06/27/12 18:34:00 From: Chad Ortlieb Sent: Wednesday, June 20, 2012 8:22 AM To: Jessica Carlson Subject: RE: City of Orange Outstanding Invoices Attachments: PC Reso 26-11.pdf As long as payment is received, it is acceptable. A CUP is a Conditional Use Permit. OC Dance had to obtain a CUP to operate at their site. The approval of the OC Dance Studio CUP is attached. Thanks for all your work on this. From: Jessica Carlson�� _ Sent: Tuesday, June 19, 2012 11:19 AM To: Chad Ortlieb Subject: FW: City of Orange Outstanding Invoices Fyi... is this acceptable? What is a CUP? From: OC Dance Studio [mailtomcdancestudio@a .n ] Sent: Tuesday, June 19, 2012 10:52 AM To: Jessica Carlson Subject: RE: City of Orange Outstanding Invoices Hi Jessica, Met with owner yesterday. He wants to be done and over with this case and take care of the remaining balance and receive his CUP. He contacted the landlord and he will be negotiating some kind of break on his lease for next month in exchange of the extra non expected expense with the CUP. He will be cutting you a check for the total remaining balance, but he needs an extra couple of days to collect the entire funds as the business account is completely dried since he was gone for 3 weeks. Expect check in the mall by Friday. Once you receive it, please let us know when we should receive the actual hard document that shows the Permit. We appreciate your patience and make it a great dayl Thank you! TaC.9C. OC Dance St1.tdto 1132 E..?CateCCa Ave # A18 Orange, CA 92867 (714) 280-2313 nvtivw.oc&nces &o.com From: Jessica Carlson [mailto jcarlsonCa citvoforange ora] Sent: Monday, June 18, 2012 5:20 PM To: OC Dance Studio Subject: FW: City of Orange Outstanding Invoices Good afternoon Val, I have not heard anything from you or the owner in regards to this email from last Wednesday. Please respond back tomorrow, 6/19/12. 1 will be in the office from 7:30-5:30. Thank you, Jessica Carlson Senior Finance Clerk �y�Cuyof range Accounts Receivable Direct: 714-744-2232 Fax: 714-744-2273 From: Jessica Carlson Sent: Wednesday, June 13, 2012 1:14 PM To: 'OC Dance Studio' Subject: RE: City of Orange Outstanding Invoices Good morning Val, The outstanding balance is $1707.25. The highest invoices were #0028671 $910.00 10 hours in the time period spent for staff report preparation; writing reports, conditions, etc. The other invoice #0029758 was originally invoiced for $910.00 But a portion of that invoice was double billed. That invoice was adjusted -$432.25. So the new total was $477.75. 5.25 hours spent for staff reports/and plan check. It is standard for these invoices to go out with the time period being invoiced, the # of hours the planner worked on the project, and the task code corresponding with their work. Any questions/disputes needed to be made with Chad Ortlieb upon receipt of the invoices. I have been in contact with him regarding the status of your account. Per a conversation he had with you several months ago he was aware of the financial hardship the business, but stated the hours billed were all valid. He gave me the go ahead on collections. As I have stated before, I would prefer to keep the account here as long as we can come up with a payment plan that is both realistic for you and satisfactory to the City. Please let me know what an ideal scenario would be for you so I can review it and if needed, take it to my supervisor by 6/14. Thank you, and have a wonderful afternoon O 9-1v-�dA4— Jessica Carlson Senior Finance Clerk "'�ckyof Vr ange Accounts Receivable Direct: 714-744-2232 Fax: 714-744-2273 From: OC Dance Studio [maI1tQjglanpgsjudi a (I.ng ] Sent: Wednesday, June 13, 2012 10:46 AM To: Jessica Carlson Subject: RE: City of Orange Outstanding Invoices Hi Jessica, Just touching basis with you in regards to our unpaid balance. I am still playing catch up with e-mails and putting our some fires and wanted to follow up on this as part of my to do list. Can you please run by us what is the outstanding balance as in right now and I think the owner also has a question in regards to one of the invoices that has a pretty high amount of billed hours from Mr. Chad with no detailed information of what were the services provided in relates to the long hours billed. Is it common to receive a bill or invoice as such with not much of explanations of why so many charges? As we noticed most of the invoices were itemized with more detailed explanations except for a particular one which contained the highest amount of worked hours charged. Again I appreciate your patience and assistance to our account/business Make it a great dayl 7fiank you! 'VaCX. OC Dance Studio 1132 E. xateCCa Ave # A18 Orange, C.st 92867 (714) 280-2313 www.ocdancesqL&to.com From: Jessica Carlson [mai Ito: jcarlsonacityoforange oro] Sent: Tuesday, June 05, 2012 1:28 PM To: OC Dance Studio Subject: RE: City of Orange Outstanding Invoices Rostislav & Val, I understand the situation you're facing trying to remain open and profitable, and I appreciate the good faith payment and your quick response back to me. I would be more than happy to wait until next week to speak again and set up payment arrangements that will hopefully work for you and the City. Collections is really not a good option for anyone involved. As long as we can remain in contact and come up with a plan that resolves the invoices in a reasonable amount of time, I am happy to keep the account here. I look forward to hearing from you by 6/14. Safe travels... Jessica Carlson Senior Finance Clerk �ydAC:ityof nge Accounts Receivable Direct: 714-744-2232 Fax: 714-744-2273 From: OC Dance Studio [mailto.ocdancestudio0attnet] Sent: Tuesday, June 05, 2012 1:13 PM To: Jessica Carlson Subject: Re: City of Orange Outstanding Invoices Dear Jessica, Thank you for contacting us and keeping us up to date with city procedures. We are both currently out of the country until June 9th. I understand you have to pursue those payments as part of your job. Some of those invoices are very high and really came to us in a bad time and caught us off guard as we also had 3rd party expenses related to the project in reference. We are doing the best we can by showing good faith and sending some payments all the while trying to keep business up and running and avoid closing it down. We will be contacting you for Payment arrangements by next week when we return to our regular business schedule. Mean while we understand if you have to take further action such as sending our account to collection which may of may notnecessarily be the best option. We appreciate your patience. Thank you, Rostislav Liduch Val Kenefick OC Dance Studio 714-280-2313 On Jun 5, 2012, at 5:55 PM, "Jessica Carlson" <Lcarison@cityoforanee.ora> wrote: <image001.gif> Rostislav Liduch, Val K. Good morning! I have taken over the A/R department for the City of Orange and I am writing in regards to some outstanding invoices you have with the City. There are 3 invoices which I have attached, that remain unpaid. Two of the invoices should have been sent to collections at the beginning of the year and the last one is scheduled for this cycle. I see that a payment was made on 5/22/12 for $346.50 which paid 2 other outstanding invoices. Thank you for that payment. I would like to keep you out of collections on the remaining invoices, but I won't be able to do that without some kind of payment arrangement. Please call/email me back by 6/7/12 to discuss this. Thank you very much O <Image005.Jpg> Jessica Carlson Senior Finance Clerk <irnage004.png> Accounts Receivable Direct: 714-744-2232 Fax: 714-744-2273 X044657 outstanding invoices.pdf> From: Chad Ortlleb Sent: Monday, June 04, 2012 2:31 PM To: Jessica Carlson Subject: RE:044657 They contacted me regarding the invoices several months ago and stated that their business was not doing so well. Based on our conversation at that time, they are aware that payment is due. I don't know if there is much more option than to go to collections. This business also started up without the required Conditional Use Permit from us, full well knowing that one is required. Hence, I don't feel that any more effort needs to go into extending them additional opportunities. From: Jessica Carlson Sent: Monday, June 04, 2012 2:12 PM To: Chad Ortileb, Subject: 044657 Hi Chad, This is for the OC dance studio, this customer has been removed from my collections list several times. We have resent invoices, and spoken with the manager, but have not been contacted back about an actual payment arrangement. They have a balance on their account of $1707.25. They did make a payment to their account on 5/22 for $346.50, but again, I have heard nothing back on the balance. Have you been in contact with them at all, or is there any more information you can give me on them before I call. Jessica Carlson Senior Finance Clerk Accounts Receivable 714-744-2265 From: Vickie Talley [vickie@talleyassoc.com] Sent: Thursday, March 29, 2012 2:47 PM To: Chad Ortlleb Subject: Re: When do you work the counter again? Chad - You are the best! As always, complete and very helpful. I am aware of the state requirements on mobile home parks - I have been working with mobile home park owners for 30+ years - but, I will need to check on your housing element - thanks for the heads up on that. I think that is all for now - thank you and have a great week end. Vickie TALLEY&AssocIATEs, tit,;. Govemmenial Relations . iNanagemene Services . Public Alrairs Vickie Talley, Principal Talley and Associates, Inc. 25241 Paseo de Alicia, Suite 120 Laguna Hills, California 92653 Phone; (949) 380-3300 Facsimile: (949) 380-3310 Email: vickie@talleyassoc.com Talley and Associates, Inc. has been providing clients with Governmental Relations, Association Management and Public Affairs Consulting services since 1982. This email is intended for the sole use of the intended recipient(s) and may contain confidential or privileged information. No one is authorized to copy, re -use, disclose, distribute, take action or rely on this email or any information contained in it. If you are not the intended recipient, we request that you please notify us by reply email and destroy all copies of the message and any attachments. Thank you for your prompt attention. On Mar 27, 2012, at 12:36 PM, Chad Ortlieb wrote: Good Morning. Please see the below. From: Vickie Talley [mailto:vickie@talieyassoc.com] Sent: Tuesday, March 27, 2012 9:53 AM To: Chad Ordleb Subject: Re: When do you work the counter again? Good Morning! I just left a voice message for the "on duty counter person" and thought 1 would follow it up with an e-mail. Hope all is well and thank you, as always for your help! Subject Property: 1931 E. Meats Avenue Current Use: Mobile Home Park - 177 spaces uestions: What is current zoning? Mobile Home Residential (M-H) General Plan designation? Low Medium Density Residential 6-15 du/ac (LMDR) Is the MHP a permitted use? Yes either with a non -located CUP or legally nonconforming for operating prior to the need for a CUP. Any permits on the property - CUP or use permit approving the mobile home park - probably built in the 1960's? A scan of our tiles does not tum up any planning entitlements. The property, along with other properties was annexed into the City in 1957. Building permits for the individual mobile homes are handled by a state department. A public records request may be necessary to accommodate more staff time to research the origin of this site. If a case file exists, it is not cataloged by street name or address. Is the MHP (based on year built) a legally non -conforming use - i.e. have the development/city code standards for mobile home park development different today than when it was built? I have been unable to determine the date of development. Hence, I can't determine which year of codes to apply. However, if the code at one time did not require a CUP for the use, it would be a legally non -conforming use. Aspects of some of the layout, density, and setbacks could be legally nonconforming development standards for the site. What are the standards for building a mobile home park in the city today? Since mobile home parks are Conditionally Permitted uses, the standards are as approved in the CUP. The proposal needs to meet the minimum standards of the code found in the following link: http://Iibrat-Y.municode.coin/HTML/16539/level2/TIT17ZO CHI7.14REDLhtml#TIT17ZO CH17 14RE DI 17.14.070GERE I am not aware of any specific city codes or ordinances that deal with mobile home parks - there are development standards, which I found and some information on "overlay" that I am not sure applies to this property and if so, what it means. Are there any other city codes that would impact this property? There are not other City codes. However, there are implications on housing stock and the City's General Plan goals 1'or housing needs, including affordable and low income housing. There is also a state requirement for a Relocation Impact Report. Thank you so much! Vickie Vickie Talley, Principal Talley and Associates, Inc. 25241 Paseo de Alicia, Suite 120 Laguna Hills, California 92653 Phone: (949) 380-3300 Facsimile: (949) 380-3310 Email: vickie@talleyassoc.com Talley and Associates, Inc. has been providing clients with Governmental Relations, Association Management and Public Affairs Consulting services since 1982. This email is intended for the sole use of the intended recipient(s) and may contain confidential or privileged Information. No one is authorized to copy, re -use, disclose, distribute, take action or rely on this email or any information contained in it. If you are not the intended recipient, we request that you please notify us by reply email and destroy all copies of the message and any attachments. Thank you for your prompt attention. On Mar 27, 2012, at 9:19 AM, Chad Ortlieb wrote: Hi Vickie, I'm at the counter now and tomorrow afternoon From: Vickie Talley [mailto:vickie@talleyassoc.com] Sent: Tuesday, March 27, 2012 8:52 AM To: Chad Ortlieb Subject: Re: When do you work the counter again? Chad - Thank you for responding - Obviously, the day got away from me on March 221. When do you work the counter this week? V. Vickie Talley, Principal Talley and Associates, Inc. 25241 Paseo de Alicia, Suite 120 Laguna Hills, California 92653 Phone: (949)380.3300 Facsimile: (949) 380-3310 Email: vickie@talleyassoc.com Talley and Associates, Inc. has been providing clients with Governmental Relations, Association Management and Public Affairs Consulting services since 1982. This email is intended for the sole use of the intended recipient(s) and may contain confidential or privileged information. No one is authorized to copy, re -use, disclose, distribute, take action or rely on this email or any information contained in it. If you are not the intended recipient, we request that you please notify us by reply email and destroy all copies of the message and any attachments. Thank you for your prompt attention. On Mar 22, 2012, at 9:10 AM, Chad Ortlieb wrote: Hi Vickie, I'll be at counter this afternoon from 12:30 to 5:30. Regards, Chad 714.744.7237 desk 714.744.7203 counter From: Vickie Talley [maiito:vickie@talleyassoc.com] Sent: Tuesday, March 20, 2012 10:32 PM To: Chad Ortlieb Subject: When do you work the counter again? Hi Chad, I have some questions on a property that I wanted to go over with you. I thought I should call when you are working the counter so as not to interrupt you with a "counter" question! Hope all is well, Vickie Vickie Talley, Principal Talley and Associates, Inc. 25241 Paseo de Alicia, Suite 120 Laguna Hills, California 92653 Phone: (949) 380-3300 Facsimile: (949) 3803310 Email: vickie@talleyassoc.com Talley and Associates, Inc. has been providing clients with Governmental Relations, Association Management and Public Affairs Consulting services since 1982. This email is intended for the sole use of the intended recipient(s) and may contain confidential or privileged Information. No one is authorized to copy, re -use, disclose, distribute, take action or rely on this email or any Information contained in it. If you are not the intended recipient, we request that you please notify us by reply email and destroy all copies of the message and any attachments. Thank you for your prompt attention. From: Carvajal, Verny (VCarvajal@santa-ana.org) Sent: Wednesday, March 28, 2012 2:25 PM To: Chad Ortlleb Subject: RE: City of Santa Ana- Valuable Feedback on Bars and Nightclubs Needed Chad, This is useful information. Thanks for the speedy reply and I'll let Jay know you said hello. Verny Carvajal Senior Planner City of Santa Ana Planning and Building Agency 20 Civic Center Plaza, M-20 Santa Ana, CA 92701 T: (714) 647-5899 F: (714) 973-1461 www.santa-ana.grg/oba From: Chad Ortheb [mailto:oortlieb@dtyoforange.org] Sent: Wednesday, March 28, 2012 2:05 PM To: Carvajal, Vemy Subject: RE: City of Santa Ana- Valuable Feedback on Bars and Nightclubs Needed Hi Verny, Please see the below responses for the City of Orange. Tell Jay Chad says hello. Regards, Chad Ortlieb 714.744.7237 From: Carvajal, Vemy [mailto:VCarvajal@santa-ana.org] Sent: Wednesday, March 28, 2012 11:02 AM To: eroess@dtyofalisoviejo.com; dsee@anahelm.net; addenneg@dtyofbrea.net; mressler@buenapark.com; mlee@d- costa.mesa.ra.us; knevarez@d.cypress.ca.us; squreshy@danapoint.org; Steven.Ayers@founbnvaliey.org; JayE@d.fullerton.ca.us; ednw@d.garden-grove.ca.us; jkelley@surfdty-hb.org; duv@dtyoFlrvine,org; chriss@lahabracity.com; scotth@dtyoflapalma.org; cmartin@lagunabeachdty.net; jmolloy@d.laguna-hills.ca.us; jmorgan@d.laguna-nlguel.ca.us; dai@Lakeforestca.gov; dwray@d.los-alamitos.ca.us; tmarbn@cityof nlssionviejo.org; gramirez@newportbeachca.gov; Chad Ortlieb; mschwartz@placentia.org; nfarnsworth@cityofrsm.org; hookj@san- clemente.org; dcontreras@sanjuancapistrano.org; olivera@ci.seal-beach.ca.us; rramirez@ci.stanton.ca.us; athomas@tusdnca.org; kparker@westminster-ca.gov; dbrantley@yorba-linda.org Cc: Carvajal, Verny Subject: City of Santa Ana- Valuable Feedback on Bars and Nightclubs Needed Good morning, My name is Verny Carvajal with the City of Santa Ana Planning Division. We're currently working on a process to regulate public premises (Type 48- On Sale General, bars and nightclubs) throughout the city. We're studying this issue because we've had requests to allow for more night-time entertainment uses, like bars, nightclubs and dancing, and we don't have any regulations In our existing code to allow for these types of uses. We are hoping you can assist in our research by addressing the following questions related to these uses. Your feedback would be greatly appreciated. QUESTIONS: Q: Does your city allow bars (Type 48, On -Sale)? if so, how? (conditional use permit, special permit, etc) A: Yes, in most commercial zones with a Conditional Use Permit and special performance standards. (http://Iibrary.municode.com/HTML/16539ZIeve[2/TIT17ZO CH17.18CODI html#TIT17Zo CH17 18CODI 17 18 060SP USRE) Q: Does your city differentiate between bars and nightclubs? If so, how? (by requiring a full kitchen, gross receipts, etc) A: No but entertainment is an additive or primary use that also requires a separate Conditional Use Permit. Q: Does your city have any major issues or objections to bars and nightclubs? A: In general yes. We are very restrictive of any use selling alcohol. Our restaurant uses typically have the conditions as provided below. POLICE CONDITIONS ABC Licenses In conjunction with the ongoing operation of the business, the premises shall comply with all requirements placed upon it by the State Alcoholic Beverage Control (ABC) Board. This Conditional Use Permit (CUP) shall be reviewed one year from the date of approval and may be reviewed each year thereafter. 1 Community Development Director and Police shall be to identify uniquely adverse issues noise, or nuisance resulting from approval of shall be presented to the Planning Comi modifications or revocation. he review shall be conducted jointly by the Chief or designees. The purpose of this review such as loitering, vandalism, criminal activity, he CUP. If such issues are identified, the CUP nission for their consideration of conditions, 3. The activity level of the business shall be monitored by the Crime Prevention Bureau to establish the level of police services used for the business. Should the level of police services demonstrate that the applicant has not controlled excessive, or unnecessary activity resulting in high use of police services, or that the applicant has failed to comply with enforcement or application of measures related to curfew and truancy which are listed below, then this Conditional Use Permit shall be reviewed for consideration of further conditions, modifications or revocation. 4. The quarterly gross sales of alcoholic beverages shall not exceed the gross sales of food and meals during the same time period. The licensee shall at all times maintain records which reflect separately the gross sales of food and the gross sales of alcoholic beverages of the licensed business. Said records shall be kept no less frequently than on a quarterly basis and shall be made available on request. 5. The subject alcoholic beverage license shall not be exchanged for a public premises type license nor operated as a public premise. 6. The sale of beer and/or wine for consumption off the premises shall be prohibited. 7. No alcoholic beverages shall be consumed on any property adjacent to the licensed premises under the control of the license. 8. All alcohol shall be consumed on the subject site, within the defined dining areas. Signs shall be posted on all exits of the premises, which prohibit alcoholic beverages from leaving the confines of the premises. 9. The premises shall be maintained as a bona fide restaurant and shall provide a menu containing an assortment of foods normally offered in such restaurants. 10.At all times when the premises are open for business, the sale and service of alcoholic beverages shall be made only in conjunction with the sale of food. 11. Food service, with an available menu, shall be available until closing time on each day of operation. 12.Alcoholic beverages shall be sold and served in containers, which are distinguishable from other non-alcoholic beverages sold at the premises. 13. No alcoholic beverages shall be sold from any temporary locations on the premises such as ice tubs, barrels, or any other containers. 14. There shall be no bar or lounge area upon the licensed premises maintained for the purpose of the sale, service, or consumption of alcoholic beverages directly to patrons for consumption. 15.At no time shall there be a fee for entrance/admittance into the premises. 16.There shall be no "Happy Hours" when alcoholic beverages are offered at a reduced rate. 17.The patio shall be enclosed and any gates located on the patio shall remain closed during business hours and used as an emergency exit only. Sign(s) shall be posted on all patio gate(s) indicating "Emergency Exit Only". 18.The petitioner shall not employ or permit any persons to solicit or encourage others, directly or indirectly, to buy them drinks in the licensed premises under any commission percentage salary or other profit. 19.There should be no time when alcoholic beverages are sold at a ratio of two for one; no "stacking" of beverages, which means the serving of two alcoholic beverages at one time to the same customer; and no sales to an "empty chair", which means that each customer must be physically present at the time of the order of any alcoholic beverage. 7 20.No portion of the premises shall be deemed to be "private" for the purposes of dispensing alcoholic beverages to selected patrons, where the licensee recognizes any form of membership cards, keys or passes which would entitle the holder entry or preferential admittance or exclusive use of any portion of the mentioned premises. 21.The use of a promoter (such as a night-club operator) or sub -leasing the premises to be used in conjunction with dancing and/or live entertainment is prohibited. 22.There shall be no pool tables or coin-operated games maintained upon the premises at any time. 23.The parking lot of the premises shall be equipped with lighting of sufficient power to illuminate and make easily discernable the appearance and conduct of all persons on or about the parking lot. 24.1-ighting in the parking area of the premises shall be directed, positioned and shielded in such a manner so as not to unreasonably illuminate the window area of nearby residences. 25.The use of any amplifying systems, outdoor sound system and paging system or any other such device is prohibited on the licensed premises. 26.The petitioner(s) shall be responsible for maintaining free of litter the area adjacent to the premises over which he/she has control. 27. There shall be no exterior advertising of any kind or type, including advertising directed to the exterior from within, promoting or indicating the availability of alcoholic beverages. Interior displays of alcoholic beverages that are clearly visible to the exterior shall constitute a violation of this condition. 28.There shall be no live entertainment (including karaoke), disc jockey, amplified music, or dancing permitted on the premises at any time. Amplified music over a built-in system designed for background music shall be permitted so long as the music is not audible outside when doors are open. 29.There shall be no special promotional events held on the property, unless a written request for such is received and approved by the City of Orange Community Development Director and the Police Department's Vice Unit at least one week in advance of the event. 30.All employees of petitioner who sell or serve alcoholic beverage products shall be required to complete a training program in alcoholic beverage compliance, crime prevention techniques and the handling of violence. For new employees of petitioner, such training program must be completed within 30 days of the date of hire. The employees must provide the City of Orange Police Department, Vice Unit, a copy of completed Alcohol Management Program (AMP) certificate. Your responses would be appreciated by next Tuesday, April 3'd . Should you have any questions, please feel free to contact me at (714) 647-5899. Thanks very much in advance for your valuable time and feedback. Thank you, Verny Carvajal Senior Planner City of Santa Ana Planning and Building Agency 20 Civic Center Plaza, M-20 Santa Ana, CA 92701 T:(714)647-5899 F: (714) 973-1461 www.sa nta-ana.org/oba CONDITIONAL USE PERMIT NO. 2805-10 RESOLUTION NO. PC 26-11 A RESOLUTION OF THE PLANNING COMMISSION APPROVING CONDITIONAL USE PERMIT 2805-10 FOR THE ESTABLISHMENT OF A DANCE STUDIO AT 1132 EAST KATELLA AVENUE, SUITE A-18, WITH UP TO 20 STUDENTS AND UP TO TWO INSTRUCTORS ON-SITE FOR EVENING INSTRUCTION (5:30 P.M. TO 9:30 P.M.) AND FOR UP TO 11 PERSONS ON-SITE FOR DAY CLASSES (10:00 A.M. TO 4:00 P.M.) AND FOR A SHARED USE PARKING ARRANGEMENT IN THE COMMERCIAL CENTER LOCATED AT 1108 — 1224 EAST KATELLA AVENUE APPLICANT: ROSTISLAV LIOVCH Moved by Commissioner Gladson and seconded by Commissioner Buttress that the following resolution be adopted: WHEREAS, the Planning Commission has authority per Orange Municipal Code Sections 17.08.020B.2.a.i. and 17.10.030C.1. to take action to grant or deny Conditional Use Permit No. 2805-10, for a dance school on the subject property; and WHEREAS, Conditional Use Permit No. 2805-10 was filed by Rostislav Liovch in accordance with the provisions of the City of Orange Municipal Code; and WHEREAS, Conditional Use Permit No. 2805-10 is for a dance studio in an existing 2,860 square foot commercial tenant space; and WHEREAS, Conditional Use Permit No. 2805-10 was processed in the time and manner prescribed by state and local law; and WHEREAS, Conditional Use Permit No. 2805-10 is categorically exempt from the provisions of the California Environmental Quality Act per State CEQA Guidelines Section 15301 (Class 1— Existing Facilities); and WHEREAS, the Planning Commission conducted one duly advertised public hearing on November 21, 2010, at which time interested persons had an opportunity to testify either in support of, or opposition to, the proposal and for the purpose of considering Conditional Use Permit No. 2805-10 upon property described as follows: Planning Commission Planning Commission Resolution No. 26-11 Page 2 of 5 1132 E. Katella Avenue, Suite A-18, Assessor's Parcel Number 375-381-33, Property as recorded in the official records of the County of Orange Recorder's Office in P BK 139 PG 48 LOT 2 NOW, THEREFORE, BE IT RESOLVED that the Planning Commission approves Conditional Use Permit No. 2805-10 for a dance school in a commercial shopping center, based on the following findings: SECTION 1— FINDINGS General Plan Required Findings: 77ie project must be consistent with the goals and policies stated within the City's General Plan. The project is consistent with the City's General Plan in that the dance studio help accomplish a service that contributes to a diversified mix of land uses in the surrounding community. Furthermore, the proposed use accommodates an efficient use of existing parking facilities through use of the parking space deficient parking lot during evening hours when parking needs typically do not reach a saturation point. Conditional Use Permit Required Findings: A Conditional Use Permit shall be granted upon sound principles of land use and in response to services required by the community. Consideration has been given as to whether the proposed use will detrimentally affect _adjacent land uses. The dance studio is proposed to operate in such a manner that it will provide a service required by the community as evidenced by its current operations and will not exasperate a code defined parking deficiency in the commercial center. 2. A Conditional Use Permit shall not be granted if it will cause deterioration of bordering land uses or create special problems for the area in which it is located. The proposed use will occur entirely within an enclosed space within an existing structure and will operate with fixed hours that limit the number of students and instructors on site during day and evening hours. With the fixed hours, the proposed use is not anticipated to create parking problems. 3. A Conditional Use Permit must be considered in relationship to its effect on the community or neighborhood plan for the area in which it is located. The proposal is not anticipated to have adverse impacts on neighboring land uses within the area since the proposed use is compatible with the commercial uses that occupy the existing commercially zoned property. The existing neighborhood consists of an urban environment and the proposal is consistent with the General Plan designation of General Planning Commission Planning Commission Resolution No. 26-11 Page 3 of 5 Commercial for this area in that this designation allows for commercial types of uses such as the proposed dance studio. 4. A Conditional Use Permit, ifgranted, shall be made subject to those conditions necessary to preserve the general welfare, not the individual welfare of any particular applicant. Conditions have been included to ensure that the subject site will preserve the general welfare of the surrounding businesses. Operational characteristics of the dance school are conditioned to control operating hours and class sizes. SECTION 2 — ENVIRONMENTAL REVIEW The proposed project is categorically exempt from the provisions of the California Environmental Quality Act (CEQA) per State CEQA Guidelines 15301 (Class 1 — Existing Facilities) because the project involves the operation of a dance school in an existing building. There is no public review required. SECTION 3 — CONDITIONS OF APPROVAL BE IT FURTHER RESOLVED that the following conditions are to be imposed with approval: General 1. The applicant agrees to indemnify, hold harmless, and defend the City, it's officers, agents, and employees from any and all liability or claims that may be brought against the City arising out of its approval of this permit, save and except that caused by City's active negligence. 2. The proposal shall conform in substance and be maintained in general conformance with the plans submitted (Dated November 21, 2011 for identification purposes) and as recommended for approval by the Planning Commission. 3. The hours of dance school operation are limited as follows: Monday through Friday days: 10:00 a.m. to 4:00 p.m. for private appointments Monday through Friday nights: 5:30 p.m. to 9:30 p.m. for group sessions Saturdays: 10:00 a.m, to 2:00 p.m, for private or group sessions The Community Development Director shall have the authority to extend evening and/or weekend dance school business hours upon approval of a request submitted in writing by the business owner. Any request shall be accompanied by a modified parking analysis. 4. Evening classes (5:30 p.m. to 9:30 p.m.) are limited to no more than 20 persons, not including instructors and day classes (10:00 a.m. to 4:00 p.m.) are limited to no more than I 1 persons by appointment, including instructors. Planning Commission Planning Commission Resolution No. 26-11 Page 4 of 5 5. There shall be a 15 minute separation between classes, to allow for availability of parking spaces. 6. The subject dance school use may be substituted for martial arts, physical fitness, yoga, or other similar instructional use with authorization from the Community Development Director. Any substituted use shall comply with the conditions of approval of CUP 2805-10. CUP 2805-10 does not authorize a dance floor or dance hall as a recreational entertainment use in the subject tenant space. A dance floor or dance hall is characterized by non -instructional dance, free form dance, and/or dancing associated with an event such as a wedding reception or night club. CUP 2805-10 does not authorize the tenant space from being used for events such as banquets, weddings, quinceaheras, birthday parties, or facility rentals. There shall be no special events held on the property unless a written request is received and approved by the Community Development Department at least four weeks in advance of the event. 9. Any future expansion in area or in the business operation of the use as approved by Conditional Use Permit No. 2805-10 shall require an application for a new or amended Conditional Use Permit. 10. The windows of the business shall not be tinted or covered in a way that obstructs a clear view of the interior of the premises from the exterior. 11. The back door of the establishment shall remain closed, be equipped with a panic alarm, and be used for emergency access only. 12. Graffiti shall be removed from the exterior walls and windows of the premises within 72 hours of discovery. 13. If tenant improvements have been constructed within the tenant space by or for the benefit of the dance studio and the improvements require and do not have a building permit(s), the applicant shall submit the necessary building permit application(s) within five days from the date of approval of Conditional Use Permit No 2805-10. Any plans submitted to the building department as a result of this condition shall contain these conditions reprinted on the first page of the construction documents submitted to the Building Department for the plan check process. Code Provisions The following Code provisions are applicable to this project and are included for information only. This is not a complete list and other Code provisions may apply to the project: Planning Commission Planning Commission Resolution No. 26-11 Page 5 of 5 • Prior to the issuance of building permits, the applicant shall pay all applicable development fees, including but not limited to: City Sewer connection, Orange County Sanitation District Connection Fee, Transportation System Improvement Program, Fire Facility, Police Facility, Park Acquisition, Sanitation District, and School District, as required. ■ Building permits shall be obtained for all construction work, as required by the City of Orange, Community Development Department's Building Division. Failure to obtain the required building permits will be cause for revocation of this design review permit. • All structures shall comply with the requirements of Municipal Code — Chapter 15.52 (Building Security Standards), which relates to hardware, doors, windows, lighting, etc. (Ord. 7-79). Approved structural drawings shall include sections of the security code that apply. Specifications, details, or security notes maybe used to convey the compliance. • Expiration -If not utilized, this project approval expires two years from the approval date. An extension of time may be permitted upon a written request, if received before the expiration deadline. ■ Violations of conditions of approval constitute a violation of the Orange Municipal Code, per Section 17.10.030.G. I hereby certify that the foregoing resolution was adopted on November 21, 2011, by the Planning Commission of the City of Orange by the following vote: AYES: Commissioners Steiner, Buttress, Gladson & Grangoff NOES: None ABSENT: Commissioner Merino ABSTAIN: None --- William G. Steiner, Planning Commission Chair / 4/'`/l / Date From: Vickie Talley [vickie@talleyassoc.com] Sent: Thursday, March 29, 2012 2:47 PM To: Chad Ordleb Subject: Re: When do you work the counter again? Chad - You are the best! As always, complete and very helpful. I am aware of the state requirements on mobile home parks - I have been working with mobile home park owners for 30+ years - but, I will need to check on your housing element - thanks for the heads up on that. I think that is all for now - thank you and have a great week end. Vickie TALL Y&AsSOCIATEs, 1NC. C; vernmentat Relations . Msnmameut Services . Pubbe Alraira Vickie Talley, Principal Talley and Associates, Inc. 25241 Paseo de Alicia, Suite 120 Laguna Hills, California 92653 Phone: (949) 380-3300 Facsimile: (949) 380-3310 Email: vickie@talleyassoc.com Talley and Associates, Inc. has been providing clients with Governmental Relations, Association Management and Public Affairs Consulting services since 1982. This email is intended for the sole use of the Intended recipients) and may contain confidential or privileged information. No one is authorized to copy, re -use, disclose, distribute, take action or rely on this email or any information contained in it. if you are not the intended recipient, we request that you please notify us by reply email and destroy all copies of the message and any attachments. Thank you for your prompt attention. On Mar 27, 2012, at 12:36 PM, Chad Ortlieb wrote: Good Morning. Please see the below. From: Vickie Talley [mailto:vickie@talieyassoc.com] Sent: Tuesday, March 27, 2012 9:53 AM To: Chad Ortlieb Subject: Re: When do you work the counter again? Good Morning! I just left a voice message for the "on duty counter person" and thought I would follow it up with an e-mail. Hope all is well and thank you, as always for your help! Subject Property: 1931 E. Meats Avenue Current Use: Mobile Home Park - 177 spaces uestions: What is current zoning? Mobile Home Residential (M-H) General Plan designation? Low Medium Density Residential 6-15 du/ac (LMDR ) Is the MHP a permitted use? Yes either with a non-located CUP or legally nonconforming for operating prior to the need for a CUP. Any permits on the property - CUP or use permit approving the mobile home park - probably built in the 1960's? A scan of our files does not turn up any planning entitlements. The property, along with other properties was annexed into the City in 1957. Building permits for the individual mobile homes are handled by a state department. A public records request may be necessary to accommodate more staff time to research the origin of this site. If a case file exists, it is not cataloged by street name or address. Is the MHP (based on year built) a legally non -conforming use - i.e. have the development/city code standards for mobile home park development different today than when it was built? I have been unable to determine the date of development. Hence, I can't determine which year of codes to apply. However, i f the code at one time did not require a CUP for the use, it would be a legally non -conforming use. Aspects of some of the layout, density, and setbacks could be legally nonconforming development standards for the site. What are the standards for building a mobile home park in the city today? Since mobile home parks are Conditionally Permitted uses, the standards are as approved in the CUP. The proposal needs to meet the minimum standards of the code found in the following link: http://library.municode.com/HTML/16539/level2/TIT17Z0_CH17.14REDI.htmI#TIT177G_CH17 14RE DI 17.14.070GERE I am not aware of any specific city codes or ordinances that deal with mobile home parks - there are development standards, which I found and some information on "overlay" that I am not sure applies to this property and if so, what it means. Are there any other city codes that would impact this property? There are not other City codes. However, there are implications on housing stock and the City's General Plan goals for housing needs, including affordable and low income housing. There is also a state requirement for a Relocation Impact Report. Thank you so much! Vickie Vickie Talley, Principal Talley and Associates, Inc. 25241 Paseo de Alicia, Suite 120 Laguna Hills, Calffornia 92653 Phone: (949) 380-3300 Facsimile: (949) 380-3310 Email: vickie@talleyassoc.com Talley and Associates, Inc. has been providing clients with Governmental Relations, Association Management and Public Affairs Consulting services since 1982. This email is intended for the sole use of the intended recipients) and may contain confidential or privileged information. No one Is authorized to copy, re -use, disclose, distribute, take action or rely on this email or any Information contained in it. If you are not the intended recipient, we request that you please notify us by reply email and destroy all copies of the message and any attachments. Thank you for your prompt attention. On Mar 27, 2012, at 9:19 AM, Chad Ortlieb wrote: Hi Vickie, I'm at the counter now and tomorrow afternoon. From: Vickie Talley [mailto:vickie@talleyassoc.com] Sent: Tuesday, March 27, 2012 8:52 AM To: Chad Ortlieb Subject: Re: When do you work the counter again? Chad - Thank you for responding - Obviously, the day got away from me on March 22!. When do you work the counter this week? V. <-WRC 000Joc Vickie Talley, Principal Talley and Associates, Inc. 25241 Paseo de Alicia, Suite 120 Laguna Hills, California 92653 Phone: (949) 380-3300 Facsimile: (949)380.3310 Email: vickfe@talleyassoc.com Talley and Associates, Inc. has been providing clients with Governmental Relations, Association Management and Public Affairs Consulting services since 1982. This email is intended for the sole use of the intended recipient(s) and may contain confidential or privileged information. No one is authorized to copy, re -use, disclose, distribute, take action or rely on this email or any information contained in it. If you are not the intended recipient, we request that you please notify us by reply email and destroy all copies of the message and any attachments. Thank you for your prompt attention. On Mar 22, 2012, at 9:10 AM, Chad Ortlieb wrote: Hi Vickie, I'll be at counter this afternoon from 12:30 to 5:30. Regards, Chad 714.744.7237 desk 714.744.7203 counter From: Vickie Talley (mailto:vickie@talleyassoc.com] Sent: Tuesday, March 20, 2012 10:32 PM To: Chad Ortlieb Subject: When do you work the counter again? Hi Chad, I have some questions on a property that I wanted to go over with you. I thought I should call when you are working the counter so as not to interrupt you with a "counter" question! Hope all is well, Vickie Vickie Talley, Principal Talley and Associates, Inc, 25241 Paseo de Alicia, Suite 120 Laguna Hills, California 92653 Phone: (949) 380-3300 Facsimile: (949) 380-3310 Email: vickie@talleyassoc.com Talley and Associates, Inc. has been providing clients with Governmental Relations, Association Management and Public Affairs Consulting services since 1982. This email is intended for the sole use of the Intended reciplent(s) and may contain confidential or privileged information. No one is authorized to copy, re -use, disclose, distribute, take action or rely on this email or any information contained in it. if you are not the Intended recipient, we request that you please notify us by reply email and destroy all copies of the message and any attachments. Thank you for your prompt attention. From: Linda Jennings ilindac]ennings@hotmail.com] Sent: Tuesday, October 30, 2012 3:54 PM To: ann ryan; Bebe Radice; bill pevehouse; Bill Teter; Bob Machado; brent ferdig; Celine Osborn; Chad Ortlieb; Chris Hockenberry; Chuch Horvath; david peay; Diane Aust; Dianne Glassman; Ed Halverson; gregg figge; heidi.brown@yahoo.com; Jeff Gallagher; Jill Spencer; Jonathon Abelove; Kay Nettles; Kim DeBenedetto; leonard.nettles@bnsf.com; lucy burch; markus brown; Maureen Li; melissa Figge; Merry Powers; Pat Machado; peggy lewis; rite chemers; Rita Webb; robbin burton; Scot Lewis; Sharon Jones; Steve Jones; taleene karamardian; tom borusky; iahirsch@aol.com; demayos@ca.rr.com; dgwinn@uci.edu; nancy@habitatoc.org; cvrush4@sbcgiobal.net; Imcfadden@earthlink.net Subject: FW: Thursday night 7:OOPM --WE NEED YOUR HELP Dear Friends - Tustin has been inundated with dirty hit pieces with lies about Tracy and David. They have chosen to run a clean campaign and not smear their opponents who have received thousands of dollars from PAC's. On Thursday night, at my house, at 7 PM, we will be calling a list of voters who normally go to the polls to vote. We could use your help. Actually, Tustin could use your help. Let me know if you are available. 11t 'M Lartdrt %rrrttistti,r PS. If you want to know more about the campaign, go to the blog Our Town Tustin. Jeff Gallagher, who writes the blog, tells it like it is. > From: donatc2tracvQgmail.com > Date: Tue, 30 Oct 2012 08:50:25 -0700 > Subject: Thursday night 7:OOPM --WE NEED YOUR HELP > We need your help! Please show up on Thursday night at 7:00 pm to Linda and Steve Jennings house at 350 South "B" Street. Bring your cell phone. > We are going to call poll voters together and urge them to vote for Worley and Waldram. > Give me a "W"! From: Chad Ortlleb Sent: Tuesday, March 12, 2013 9:23 AM To: 'astonich@tustin.org' Subject: Draft Code Amendment 13-001 Attachments: 20130312092049185.pdf Amy, Attached is the letter I said I would send. Thank you, Chad From: Chad Ortlleb Sent: Thursday, December 13, 2012 8:47 AM To: 'Waite, Alex' Subject: RE: Tiller Days Wheel Thanks for asking but I'll pass. From: Waite, Alex [mailto:AWaiteCa)tustinca.org] Sent: Thursday, December 13, 2012 8:44 AM To: Chad Ortlieb Subject: Tiller Days Wheel I was given your email by Justina. We have a wheel in our basement that I was told you made. Would you want this wheel back? Alex Waite City of Tustin Department of Public Works 714)573-3305 INCLUDES: Any gathering of a quorum of a legislative body to discuss or 54952.2 transact business under the body's jurisdiction; serial meetings are prohibited. EXEMPTS: Ch. III (1) Individual contacts between board members and 54952.2(c)(1) Ch. III others which do not constitute serial meetings; (2) Attendance atconferences and other gatherings 54952.2(c)(2), which are open to public so long as members of (3) and (4) legislative bodies do not discuss among themselves business of a specific nature under the body's jurisdiction; (3) Attendance at social or ceremonial events 54952.2(c)(5) where no business of the body is discussed. LOCATIONS OF MEETINGS: A body must conduct its meetings within the boundaries of its 54954 Ch. IV jurisdiction unless it qualifies for a specific exemption. TELECONFERENCE MEETINGS: Teleconference meetings maybe held under carefully defined 54953 Ch. III conditions. The meeting notice must specifically identify all teleconference locations, and each such location must be fully accessible to members of the public. PUBLIC RIGHTS PUBLIC TESTIMONY: Public may comment on agenda items before or during 54954.3 Ch. IV &V consideration by legislative body. Time must be set aside for public to comment on any other matters under the body's jurisdiction. vii SUMMARY OF KEY BROWN ACT PROVISIONS PREAMBLE: Public commissions, boards, councils and other legislative 54950 bodies of local government agencies exist to aid in the conduct of the people's business. The people do not yield their sovereignty to the bodies that serve them. The people insist on remaining informed to retain control over the legislative bodies they have created. GOVERNING BODIES: Includes city councils, boards of supervisors, and district 54952(a) boards. Also covered are other legislative bodies of local government agencies created by state or federal law. SUBSIDIARY BODIES: Includes boards or commissions of a local government agency 54952(b) as well as standing committees of a legislative body. A standing committee has continuing subject matter jurisdiction or a meeting schedule set by its parent body. Less -than -a - quorum advisory committees, other than standing committees, are exempt. PRIVATE OR NONPROFIT CORPORATIONS OR ENTITIES: Covered only if: a. A legislative body delegates some of its 54952(c)(1)(A) functions to a private corporation or entity; or b. If a legislative body provides some funding to a 54952(c)(1)(B) private corporation or entity and appoints one of its members to serve as a voting member of entity's board of directors. vi Ch.I Ch.1 & II Ch. II Ch. 11 MEETING DEFINED INCLUDES: Any gathering of a quorum of a legislative body to discuss or 54952.2 transact business under the body's jurisdiction; serial meetings are prohibited. EXEMPTS: (1) Individual contacts between board members and 54952.2(c)(1) others which do not constitute serial meetings; (2) Attendance at conferences and other gatherings 54952.2(c)(2), which are open to public so long as members of (3) and (4) legislative bodies do not discuss among themselves business of a specific nature under the body's jurisdiction; (3) Attendance at social or ceremonial events 54952,2(c)(5) where no business of the body is discussed. LOCATIONS OF MEETINGS: A body must conduct its meetings within the boundaries of its 54954 jurisdiction unless it qualifies for a specific exemption. TELECONFERENCE MEETINGS: Teleconference meetings maybe held under carefully defined 54953 conditions. The meeting notice must specifically identify all teleconference locations, and each such location must be fully accessible to members of the public. W_CM13i!)ItKI PUBLIC TESTIMONY: Public may comment on agenda items before or during 54954.3 consideration by legislative body. Time must be set aside for public to comment on any other matters under the body's jurisdiction. vii Ch. III Ch. III Ch. N Ch. III Ch. IV & V PERSONNEL EXENUTION: The body may conduct a closed session to consider 54957 appointment, employment, evaluation of performance, discipline or dismissal of an employee. With respect to complaints or charges against an employee brought by another person or another employee, the employee must be notified, at least 24 hours in advance, ofhis or her right to have the hearing conducted in public. PUBLIC SECURITY: A body may meet with law enforcement or security personnel 54957 concerning the security of public buildings and services. PENDING LITIGATION: A body may meet inclosed session to receive advice from its 54956.9 legal counsel concerning existing litigation, initiating litigation, or situations involving a significant exposure to litigation. The circumstances which constitute significant exposure to litigation are expressly defined in section 54956.9(b)(3). LABOR NEGOTIATIONS: A body may meet in closed session with its negotiator to 54957.6 consider labor negotiations with represented and unrepresented employees. Issues related to budgets and available funds may be considered in closed session, although final decisions concerning salaries of unrepresented employees must be made in public. REAL PROPERTY NEGOTIATIONS: A body may meet in closed session with its negotiator to 54956.8 consider price and terms of payment in connection with the purchase, sale, exchange or lease of real property. x Ch. VI Ch. VI Ch. VI Ch. VI Ch. VI While the Act creates broad public access rights to the meetings of legislative bodies, it also recognizes the legitimate needs of government to conduct some of its meetings outside of the public eye. Closed - session meetings are specifically defined and are limited in scope. They primarily involve personnel issues, pending litigation, labor negotiations and real property acquisitions. (§§ 54956.8, 54956.9, 54957, 54957.6.) Each closed -session meeting must be preceded by a public agenda and by an oral announcement. (§§ 54954.2, 54957.7.) When final action is taken in closed session, the legislative body may be required to report on such action. (§ 54957. 1.) The following chapters contain a more detailed discussion of the persons governed by the Act, the notice and agenda requirements, access rights of the public, limitations on closed sessions and available remedies for violation of the Act. CHAPTER II. BODIES SUBJECT TO THE BROWN ACT The Brown Act applies to the "legislative bodies" of all local agencies in California, e.g„ councils, boards, commissions and committees. (§§ 54951, 54952.) In addition, any person elected to serve as a member of a legislative body who has not assumed the duties of office shall conform his or her conduct to the requirements of the Act, and shall be treated for purposes of enforcement of the Act as if he or she hadalready assumed office. (§ 54952.1; see, 216 Sutter Bay Associates v.CountyofSutter (1997) 58 Cal.App.4th 860.) The Act does not apply to individual decision makers who are not elected or appointed members of legislative bodies such as agency or department heads when they meet with advisors, staff, colleagues or anyone else. Similarly, the Act does not apply to multi -member bodies which are created by an individual decision maker. (75 Ops.Cal.Atty.Gen. 263, 269 (1992); 56 Ops.Cal.Atty.Gen. 14, 17 (1973).) However, where a body directs or authorizes a single individual to appoint a body, it would probably be subject to the Act. (Frazer v. Dixon Unified School District (1993)18 Cal.AppAth 781, 793; International Longshoremen's & Warehousemen's Union v. Los Angeles Expert Terminal, Inc. (1999) 69 Cal.AppAth 287, 297.) Boards and commissions that are created by statute or ordinance are subject to the Act even if they are under the jurisdiction of an individual department head. A single individual acting on behalf of an agency is not a "legislative body" since the definition ofthat term connotes a group of individuals. Thus, a hearing officer, functioning by himself or herself in an employee disciplinary hearing, is not a legislative body (Wilson v. San Francisco Mun. Ry, (1973) 29 Cal.App.3d 870, 878-879), nor is an individual city councilmember screening candidates for a vacant city office. (Cal.Atty.Gen., Indexed Letter, No. IL 76-181 (September 13, 1976).) A. Governing Bodies The governing bodies of local government agencies are the most basic type of body subject to the Act's requirements. These include the board of supervisors of a county, the city council of a city or the governing board of a district. (§ 54952(a).) In addition, the Act expressly applies to local bodies created by state or federal statute. (§54952(a).) The board of directors for a joint powers authority would be covered as a governing body of a local agency; joint powers authorities are also covered because they are created according to a procedure established by state law. (§ 6500 et seq.) B. Subsidiary Bodies Any board, commission, committee or other body of a local agency created by charter, ordinance, resolution or formal action of a legislative body is itself a legislative body. (§ 54952(b).) Generally, this is the case regardless of whether the body is permanent or temporary, advisory or decisionmaking. However, there is a specific exemption for an advisory committee which is comprised solely of less than a quorum of the members of the legislative body that created the advisory body. (§ 54952(b).) This exception does -not apply if the advisory committee is a standing committee. (§ 54952(b).) A standing committee is a committee which has continuing jurisdiction over aparticular subject matter (e.g., budget, finance, legislation) or if the committee's meeting schedule is fixed by charter, ordinance, resolution or other formal action of the legislative body that created it. (See examples, infra, p. 6.) The term "formal action' is used twice in section 54952(b) in connection with advisory committees and standing committees. The term "formal action of a legislative body" appears to be a term intended to distinguish between the official actions of the body and the informal actions of particular board members. For example, in Joiner v. City of Sebastopol (1981) 125 Cal.App.3d 799, 805, the court concluded that the city council had taken formal action by designating two ofits members to sit on an advisory committee and establish the committee's agenda, even though the council did not act by formal resolution. Similarly, in Frazer v. Dixon Unifred School District (1993)18 Cal.App.4th 781, 792-793, the court indicated that a school board's authorization to the superintendent to appoint a committee under specified circumstances constituted a creation of an advisory committee by formal action of the board. "Formal action of a legislative body" is not limited to a formal resolution or a formal vote by the body. When a legislative body designates less than a quorum of its members that does not constitute a standing committee to meet with representatives ofanother legislative body to exchange information and report back to their respective bodies, a meeting between the representatives would be exempt from the Act. (Joiner v. City of Sebastopol (1981) 125 Cal.App.3d 799, 805.) However, if legislative body designates less than a quorum of its members to meet with representatives of another legislative body to to report back to the body at a subsequent meeting concerning any matter, or take action to direct staff to place a matter of business on a future agenda. (§ 54954.2(a).) Section 54954.2 also contains specific procedures by which the agenda requirement may be avoided in other specified circumstances as well. (§ 54954.2(6).) B. Exceptions to Agenda Requirements The Act identifies three situations in which abody is permitted to discuss or take action on a matter at a regular meeting where the matter was not first described on a duly noticed agenda. (§ 54954.2(6).) Prior to discussing a matter which was not previously placed on an agenda, the item must be publicly identified so that interested members of the public can monitor or participate in the consideration of the item in question. The body may discuss a nonagenda item at a regular meeting if, by majority vote, the body determines that the matter in question constitutes an emergency pursuant to section 54956.5. (§ 54954.2(b)(1).) Any discussion held pursuant to this exception mustbe conducted in open session, since emergency meetings held pursuant to section 54956.5 cannot be conducted in closed session. The body may discuss an item which was not previously placed upon an agenda at a regular meeting, when the body determines that there is a need for immediate action which cannot reasonably wait for the next regularly scheduled meeting. (§ 54954.2(b)(2).) However, the Act specifies that in order to take advantage of this agenda exception, the need for immediate action must have come to the attention of the local "agency" after the agenda had already been posted. (§ 54954.2(b)(2).) The Legislature's choice ofthe term "agency" rather than "body" seems calculated to limit use of this exception by prohibiting its usage if the local agency, i.e. staff, and not merely the body, had knowledge of the situation requiring action prior to the posting of the agenda. Lastly, the determination that a need for immediate action exists must be made by two-thirds of the members present or, if two-thirds of the body is not present, by a unanimous vote of those remaining. (§ 54954.2(b)(2).) Finally, where an item has been posted on an agenda for a prior meeting, the item may be continued to a subsequent meeting that is held within five days of the meeting for which the item was properly posted. Under these circumstances, the items need not be posted for the subsequent meeting. (§ 54954.2(b)(3); see also, §§ 54955-55.1 [concerning adjournment and continuances], infra at p. 25.) C. Public Testimony Every agenda for a regular meeting shall provide an opportunity for members of the public to directly address the legislative body on any item under the subject matter 19 jurisdiction of the body. With respect to any item which is already on the agenda, or in connection with any item which the body will consider pursuant to the exceptions contained in section 54954.2(b), the public must be given the opportunity to comment before or during the legislative body's consideration of the item, (§ 54954.3(a).) The public testimony requirement appears to apply to closed sessions as well as open meetings, but see section 11125.7(d) of the Bagley -Keene Act, concerning state bodies, which was added in 1993 to expressly provide otherwise. Accordingly, this office believes that it would be prudent for legislative bodies to afford the public an opportunity to comment on closed -session items prior to the body's adjournment into closed session. The only exception to the public testimony requirement is where a committee comprised solely of members of the legislative body has previously considered the item at a public meeting in which all members of the public were afforded the opportunity to comment on the item before or during the committee's consideration of it, so long as the item has not substantially changed since the committee's hearing. (§ 54954.3(a).) Where a member of the public raises an issue which has not yet come before the legislative body, the item may be briefly discussed but no action may be taken at that meeting. (§54954,3(a).) The purpose of the discussion is to permit a member of the public to raise an issue or problem with the legislative body or to permit the legislative body to provide information to the public, provide direction to its staff, or schedule the matter for a future meeting, (§ 54954.2(a).) The Act specifically authorizes the legislative body to adopt regulations to assist in processing comments from the public. The body may establish procedures for public comment as well as specifying reasonable time limitations on particular topics or individual speakers. So long as the body acts fairly with respect to the interest of the public and competing factions, it has great discretion in regulating the time and manner, as distinguished from the content, of testimony by interested members of the public. (§ 549543(b).) When a member of the public testifies before a legislative body, the body may not prohibit the individual from criticizing the policies, procedures, programs or services of the agency or the acts or omissions of the legislative body. (§ 54954.3(c).) This provision does not confer on members of the public any privilege or protection not otherwise provided by law. Public meetings of governmental bodies have been found to be limited public furs. As such, members of the public have broad constitutional rights to comment on any subject relating to the business of the governmental body. Any attempt to restrict the content of such speech must be narrowly tailored to effectuate a compelling state interest. Specifically, the courts found that policies that prohibited members of the public from criticizing school district employees were unconstitutional. (Leventhal v. 19 significant that requiring a legislative body to provide one-hour notice before holding an emergency meeting may endanger the public health, safety, or both, as determined by a majority of the members of the legislative body. (§ 54956.5(a)(2).) In the event telephone services are not working, the notice requirements are waived, but a report must be given to media outlets as soon as possible after the meeting. Except for the 24- hour notice requirement, the provisions of section 54956 relating to special meetings apply to the conduct of emergency meetings. (§ 54956.5(d).) At the conclusion of the meeting, the minutes of the meeting, a list of persons who the legislative body notified or attempted to notify, a copy of the rollcall vote, and any actions taken at the meeting shall be posted for a minimum of 10 days in a public place as soon after the meeting as possible. (§ 54956.5(e),) As a general rule, emergency meetings may not be held in closed session. However, a legislative body may meet in closed session for purposes of consulting with law enforcement or security officials under section 54957 if agreed to by a two-thirds vote of the members of the legislative body present, or, if less than two-thirds of the members are present, by a unanimous vote of the members present. (§ 54956.5(c).) 4. Closed Sessions There are three types of"notice" obligations that accompany the conduct of a closed -session as a part of a duly noticed meeting. First, each item to be transacted or discussed in a closed session must be briefly described on an agenda forthe meeting. (§ 54954.2(a).) Second, prior to adjourning into closed session, a representative of the legislative body must orally announce the items to be discussed in closed session. (§ 54957.7(a).) This requirement may be satisfied by merely referring to the relevant portion of the written agenda forthe meeting. However,the Act contains specific additional requirements for closed sessions regarding pending litigation where the body believes it is subject to a significant exposure to potential litigation. (§ 54956.9(b)(3).) Third, once the closed session has been completed, the agency mustreconvene in open session, where it may be required to report votes and actions taken in closed session. (§ 54957. 1.) These requirements are discussed in detail below. A. Agenda Requirement At least 72 hours prior to each regular meeting, legislative bodies must prepare an agenda containing a brief general description of each item to be transacted or discussed, including items which will be handled in closed session. (§ 54954.2(a).) A description of each item generally need not exceed 20 words, although the description must be sufficient to provide interested persons with an understanding of the subject matter which will be considered. (Carlson v. Paradise Unified School Dist. (1971) 18 Cal.App.3d 196, 200.) In the case ofpending litigation, the legislative body must make reference in the agenda or publicly announce the specific subsection of section 54956.9 under which the closed session is being held. (§ 54956.9(c).) 21 The safe harbor provisions concerning litigation and personnel have been tailored to protect the confidentiality interests of the agency, and employees who potentially are the subject of discipline. Thus, the safe harbor provisions require less specificity when the agenda deals with such matters. Although the safe harbor provisions are primarily designed to fulfill the agenda requirements for regular meetings, the provisions also can be used in connection with closed sessions at special meetings called pursuant to section 54956. (§ 54954.5.) B. Oral Announcement Prior to Closed Sessions In addition to the agenda requirement for regular and special meetings, the Act requires a representative of the legislative body to orally announce the items to be discussed in closed session prior to any closed -session meeting. (§ 54957.7(a).) This requirement may be satisfied by referring to the item by number as it appears on the agenda. However, such a referral usually would not be sufficient in the case of a closed session concerning significant exposure to litigation. Pursuant to section 54956.9, a closed session may be conducted in order to permit an agency to receive advice from its legal counsel. When the impetus for such a closed session is the agency's exposure to potential litigation, the Act carefully regulates the circumstances under which a closed session may be called, and the types of announcement which must accompany such a meeting. (§ 54956.9(b)(3).) These required disclosures may be made as a part of the written agenda or as a part of the oral announcement made prior to any closed session. These requirements do not mandate disclosure of privileged communications exempt from disclosure under the Public Records Act. (§ 54956.9(b)(3)(F).) A summary of the disclosure requirements surrounding closed sessions based on an agency's exposure to potential litigation is set forth below. Where the agency believes that facts creating significant exposure to litigation are not known to potential plaintiffs, the facts need not be disclosed. (§ 54956.9(b)(3)(A).) Where facts (e.g., an accident, disaster, incident, or transaction) creating significant exposure to litigation are known to potential plaintiffs, the facts must be publicly stated on the agenda or announced. (§ 54956.9(b)(3)(B).) Where the agency receives a claim or other written communication threatening litigation, reference to the claim or communication must be publicly stated on the agenda or announced, and the claim or 23 In addition to the foregoing, governing boards of school districts have the following exemptions from the requirement to meet within their boundaries: Attend a conference on nonadversarial collective bargaining techniques. (§ 54954(c)(1).) Interview a potential employee from another district or interview the public from another. district about the employment of a superintendent from that district. (§ 54954(c)(2) and (c)(3).) Joint powers agencies must meet within the jurisdiction of one of its member agencies unless an exemption contained in section 54954(b) is applicable. (§ 54954(d).) A joint powers agency with members throughout the state may meet anywhere in the state. Where a meeting place is unsafe because of emergency circumstances, the presiding officer of the legislative body shall designate the meeting place pursuant to specified notice requirements. (§ 54954(e).) 7. Special Procedures Regarding Taxes and Assessments Section 54954.6 establishes a series of procedures which must be followed when a legislative body proposes new or increased taxes or assessments. These procedures are in addition to the notice and open meeting requirements contained elsewhere in the Act. XMIJug-01W RIGHTS OF THE PUBLIC Under the Brown Act, a member of the public can attend a meeting of a legislative body without having to register or give other information as a condition of attendance. (§ 54953.3; see also 27 Ops.Cal.Atty.Gen.123 (1956).) If a register, questionnaire or similar document is posted or circulated at a meeting, it must clearly state that completion of the document is voluntary and not a precondition for attendance. (§ 54953.3.) A legislative body may not prohibit any person attending an open meeting from video recording, audio recording or broadcasting the proceedings, absent a reasonable finding that such activity would constitute a disruption of the proceedings. (§§ 54953.5, 54953.6; Nevens v. City of Chino. (1965) 233 Cal.App.2d 775, 779; see also § 6091.) Under the Act, the public is guaranteed the right to provide testimony at any regular or special meeting on any subject which will be considered by the legislative body before or during its consideration of the item. (§ 54954.3(a).) In 80 Ops.Cal.Atty,Gen. 247, 248-252 (1997), this office concluded under a similar provision in the Bagley -Keene Act that the public's right to comment on all agenda items 27 applied to quasi-judicial proceedings as well as quasi -legislative proceedings. In addition, the public has the right at every regular meeting to provide testimony on any matter under the legislative body's jurisdiction. (§ 54954.3(a).) However, this office concluded that a body could prohibit a member of the public from speaking on a matter that was outside the jurisdiction of the body. (78 Ops.Cal.Atty.Gen. 224, 230 (1995).) The Act specifically authorizes the legislative body to adopt regulations to assist in processing comments from the public. The body may establish general procedures for public comment as well as specifying reasonable time limitations on particular topics or individual speakers. So long as the body acts fairly with respect to the interest of the public and competing factions, it has great discretion in regulating the time and manner, as distinguished from the content, of testimony by interested members of the public. (§ 54954.3(b).) The Act provides that the legislative body shall not prohibit a member of the public from criticizing the policies, procedures, programs, or services of the agency, or of the acts or omissions of the legislative body. (§ 54954.3(c).) Public meetings of governmental bodies have been found to be limited public fora. As such, members of the public have broad constitutional rights to comment on any subject relating to the business of the governmental body. Any attempt to restrict the content of such speech must be narrowly tailored to effectuate a compelling state interest. Specifically, the courts found that policies that prohibited members of the public from criticizing school district employees were unconstitutional. (Leventhal v. Vista Unified School Dist. (1997) 973 F.Supp. 951; Baca v. Moreno Valley Unified School Dist. (1996) 936 F.Supp. 719.) These decisions found thatprohibiting critical comments was a form of viewpoint discrimination, and that such a prohibition promoted discussion artificially geared toward praising (and maintaining) the status quo, thereby foreclosing meaningful public dialogue. Despite the public's rights to attend meetings as discussed above, a legislative body may exclude all persons who willfully cause a disruption of a meeting so that it cannot be conducted in an orderly fashion. Where removal of the disruptive persons is not sufficient to restore order, the body may clear the room of all persons. (§54957.9.) However, in such situations, media personnel not involved in the disturbance must be permitted to attend the session as continued. (§ 54957.9.) Agendas or any other writings, except for records exempt from disclosure under section 6254 of the Public Records Act, distributed to all or a majority of the members of a legislative body for discussion or consideration at a public meeting are disclosable to the public upon request, and shall be made available without delay to members ofthe public in accordance with the provisions ofsection 54957.5. If materials are provided prior to a meeting, the materials should, upon request and without delay, be made available to the public upon request at the time of distribution to the body. (§ 54957.5(a).) If the materials are distributed to the members of the body by the agency at the meeting, the materials should be available to the public at that time as well. Materials provided at the meeting by a person, who is not a member of the body or employee of the local agency, must be made available by the body to the public at the conclusion of the meeting. (§ 54957.5(b).) 28 APPENDIX A TIME DEADLINES FOR FILING A SUIT TO VOID AN ACTION TAKEN BY A BODY An action is taken that a district attorney or interested person believes is in violation of: • general open meeting requirement (§ 54953) • agenda requirements for regular meetings (§ 54954.2) • safe harbor notice provisions for closed sessions (§ 54954.5) • procedures for new taxes and assessments (§ 54954.6) • requirements for special meetings (§ 54956) • requirements for emergency meetings (§ 54956.5) Complainant must make written demand to the body to cure or correct within: A. 30 days of the action if it were in open session, but in violation of agenda requirements. B. 90 days of the action in all other situations. Once the body receives demand, it has 30 days to cure or correct the violation. If the body fails to cure or correct within this 30 -day period, interested person may file suit to void the action. The action must be filed within 15 days of: A. Receipt of decision to cure or correct or refusal to do so. B. End of 30 -day period to cure or correct. 49 Chad Ortlieb 195 S. Myrtle Ave Tustin, CA 92780 March 12, 2013 City of Tustin Attn: Honorable Planning Commission Chair and Planning Commissioners Honorable Mayor and Councilmembers Community Development Staff 300 Centennial Way Tustin, CA 92780 SUBJECT: DRAFT CODE AMENDMENT 13-001, DRAFT ZONING CODE UPDATE (DRAFT ORDINANCE NO. 1429) Dear City Officials, Thank you for your service to your constituents and to your time and consideration of the subject matter. I am providing the below comments for your careful consideration with regard to the City's draft code amendment. Although all the comments are important, please specifically make careful review of Comment 21. Staff Report Comments: 1. Staff report, Page 2 — Incorporation of Use Determinations into the code may not be meeting the CEQA level of analysis conducted in the project Negative Declaration. An explanation follows in the comments herein. 2. Staff report, Page 3 — The General Plan consistency statements may not be met depending on the intent of some code additions proposed. An explanation follows in the comments herein. Resolution Comments: 3. Resolution 4210, Recital I. A. —The staff report states the purpose of the code update is much more than stated in the recital. The full purpose should be stated in Recital A. Chad Ortlieb 195 S. Myrtle Ave Tustin, CA 92780 4. Resolution 4210, Recital I. G. — The code amendment was made available to the Planning Commission and the public. It was also heard and discussed by the Planning Commission. However, in violation of the Brown Act (§549543(a).), the matter was not fully allowed to be discussed by the public. This topic was on the agenda under regular business for the February 26, Planning Commission meeting. The fact that the agenda stated "Public Hearings: None" does not mean the public was not allowed to speak under the Brown Act. I put in a speaker card and was not allowed to finish my comments, and was asked to put my comments in writing just at the time I brought up my concerns regarding assembly uses and party facilities. This is my written demand to have the Planning Commission correct the violation of the Brown Act. A copy of Brown Act excerpt pages are provided for staff and the Commission's review. I encourage the City Attorney to provide guidance to staff on this issue for rectifying action by the Commission. 5. Resolution 4210, Recital II. - The General Plan consistency statements may not be met depending on the intent of some code additions proposed. An explanation follows in the comments herein. Negative Declaration Comments: 6. Cultural Resources, Threshold A analysis — If "assembly uses" as proposed by the code update are allowed, uses such as the Wilcox Manor party facility could be allowed throughout the City if the Wilcox Manor applicant attorney contention is agreed upon by the Community Development Director or, the Director could incorrectly ascertain that such "assembly uses" may be pursued via a Conditional Use Permit. Furthermore, elimination of the Temporary Use Permit process for such party facility uses in residential zone could show staff intent to allow "assembly uses" by right or by another non -codified policy. Proliferation of such uses could have an impact on cultural resources. 7. Hydrology and Water Quality, Threshold VR j) - If "assembly uses" as proposed by the code update are allowed, uses such as the Wilcox Manor parry facility could be allowed throughout the City if the Wilcox Manor applicant attorney contention is bought into by the Community Development Director or, the Director could incorrectly ascertain that such "assembly uses" may be pursued via a Conditional Use Permit. A proliferation of uses such as Wilcox Manor with outdoor dining events and unspecified waste removal could cause substantial additional sources of pollution. 8. Land Use and Planning, Threshold IX a) and b) - If "assembly uses" as proposed by the code update are allowed, uses such as the Wilcox Manor party facility could be allowed throughout the City if the Wilcox Manor applicant attorney contention is bought into by the Community Development Director or, the Director could incorrectly ascertain that such "assembly uses" may be pursued via a Conditional Use Permit. A proliferation of Chad Ortlieb 195 S. Myrtle Ave Tustin, CA 92780 uses, such as Wilcox Manor, with outdoor dining events could cause division of established communities by the introduction of commercial "assembly uses." Such uses would be in conflict with the General Plan goals and policies stated in the staff report and resolution because there would not be a balanced land use pattern, sound planning, compatible development with surrounding uses, or a healthy community. Elimination of the TUP process for residential zones would further contribute to non -accomplishment of the General Plan Goals and Policies. 9. Noise, Threshold X a), c) and, d) —Noise from "assembly uses" and, per proposed section 9270 b (3)(e), could cause live entertainment to be allowed on an almost unlimited basis. No evidence has been provided that noise exceedences would not be created, that ambient noise increased would not result or, that substantial temporary or periodic increases to ambient noise levels in the vicinity of "assembly uses" with musical entertainment .would occur. Rather, a reasonable argument exists that such non -mitigated impacts would occur. 10. Public Services, Threshold XII a) — Allowance of "assembly uses" could cause the need for additional code enforcement, police, and fire responses to such events. Per proposed section 9270 b (3)(e), almost unlimited live entertainment with assembly uses could also cause a strain on existing public services. 11. Transportation/Traffic, Threshold XV f) — Allowance of "assembly uses" could cause strain on public parking for such widely defined events. 12. Mandatory Findings of Significance, Threshold XVII c) — A proliferation of "assembly uses" with unrestricted musical entertainment could have citywide cumulative impact implications. Draft Ordinance No. 1429 Comments: 13. Recital I. A. — same as comment 3. 14. Recital I. C. — the changes may not be minor pertaining to "assembly uses" or pertaining to proposed section 9270 b (3)(e). 15. Recital I. D. — same as comment 5. 16. Recital I. E. — The Negative Declaration appears inadequate based on at least comments 6-12. 17. Page 1, Section 4316 b — Why are the code definitions provided in this section? Is there a definitions section of the code that would be more appropriate? 18. Various Pages, Sections 9221 a) and b), 9222 a) and b), 9223 a) and b), 9225 a) and b), 9226 a) and b), 9228 a) and b), 9231 a) and c), 9232 a) and b), 9233 a) and b), 9235 b) and c), 9241 a) and b), 9242 a) and b), 9224 0 - The code states that the uses ".....will be allowed subject to the development standards..." A more appropriate statement would be to say that any expansion of the uses or new construction would be allowed subject to the development standards and that any legal nonconforming uses or structures shall be Chad Ortlieb 195 S. Myrtle Ave Tustin, CA 92780 allowed to remain subject to the nonconformities section of the code. As the code exists and/or is proposed, it implies that nonconforming uses or structures may not be expanded because they can't comply with existing development standards. The implications alone on hampering commercial and industrial growth in the City merit the recommended changes. 19. Page 14, Section 9223b5.1. — Section 9229 does not exist under a header "9229". 20. Pages 31 and 32 - The code update intends to allow the following uses as permitted by right in the C-1 zones and higher: Secondhand sales without pawn, instructional studios and, pet grooming. The code update intends to allow the following uses as Conditionally Permitted in the C-1 zones and higher: Assembly Uses, Car Wash, Drive-thru Facilities, Large Recycling Locations, Places of Worship and, Public schools & uses (what uses?), private schools. Staff needs to outline which of the uses implement clarification/ modernization, which uses are added per state law, and which uses are being implemented by policy/past practice. For those uses being added by policy, the Planning Commission and City Council need to carefully deliberate if they agree with the staff assessment of policy/practice and then determine if such uses were truly addressed in the code update Negative Declaration. Some uses could have impacts with a formal code adoption, specifically the broadly defined "assembly uses" 21. With specific regard to the proposed "Assembly uses" on page 33 and newly defined "Places of Assembly" on page 80, please note that at the January 15, 2013 City Council meeting the Wilcox Manor (CUP 2012-10) applicant attorney verbally provided an example that Wilcox Manor gathering would be similar to his rotary club meeting which results in less than 49 people so it is not an "assembly" subject to permitting. Furthermore, on page 9 of the October 9, 2012 Planning Commission staff report for CUP 2012-10, staff calls the Wilcox Manor party facility use an "assembly use." Page 10 of the October 9'" staff report calls churches, schools, parks, and playgrounds "other assembly uses." Page 10 of the November 6, 2012 City Council staff report for CUP 2012-10 makes the same "assembly use" statements. The mentioning of "assembly uses" for the Wilcox Manor by staff and the Wilcox Manor applicant attorney beg the question of if the applicant attorney has been working with staff in the draft of this new use and if so, is there intent to cause a future Community Development Director determination that assembly uses under a certain threshold (50 persons) don't require any City land use regulation? This implication needs to be sidelined and agendized as a separate discussion. "Assembly uses" should not be a use considered for addition to the new code nor should the definition of "Places of Assembly'. As stated in this comment letter, such a use has not been reviewed in the Negative Declaration, would likely have significant impacts without mitigation, and would not meet General Plan Goals and Policies for the reasons stated within this letter. Chad Ortlieb 195 S. Myrtle Ave Tustin, CA 92780 22. Pages 36 and 37.- The code update intends to allow "Dental/medical Lab" by right in the C-2 zones and higher. The code update intends to allow Karaoke music studio as a Conditionally Permitted Use in the C-2 zones and higher. Staff needs to outline which of the uses are implement as clarification/modernization, which uses are added per state law, and which uses are being implemented by policy/past practice. For those uses being added by policy, the Planning Commission and City Council need to carefully deliberate if they agree with the staff assessment of policy/practice and then determine if such uses were truly addressed in the code update Negative Declaration. Some uses could have impacts with a formal code adoption, specifically the broadly defined "assembly uses" 23. Page 37 — Note that "Party facilities including birthday party business" is listed here and here alone in the C•2 district as a Conditionally Permitted Use. Any attempt to implement an "assembly uses" use needs to carefully differentiate between party facilities. Furthermore, staff should be required to provide a written analysis of why "assembly uses" are being added. 24. Page 37, section 9234 — This C3 zone does not exist on the City zoning map. It should be eliminated from the code. No changes to this section are merited; it needs to be deleted in entirety. 25. Pages 45 and 46 - The code update intends to allow the following uses as permitted by right in the PM zone and greater: Bulk merchandise sales and Delicatessens. The code update intends to allow, offices greater than 50 percent GFA as Conditionally Permitted in the PM zone and greater. Staff needs to outline which of the uses are implement as clarification/modernization, which uses are added per state law, and which uses are being implemented by policy/past practice. For those uses being added by policy, the Planning Commission and City Council need to carefully deliberate if they agree with the staff assessment of policy/practice and then determine if such uses were truly addressed in the code update Negative Declaration. 26. Pages 47 and 48 - The code update intends to allow sexually oriented businesses as permitted by right in the M zone. The code update intends to allow Indoor Kennels and Animal Boarding Facilities and Places of worship and assembly uses as Conditionally Permitted in the M zone. Staff needs to outline which of the uses are implement as clarification/modernization, which uses are added per state law, and which uses are being implemented by policy/past practice. For those uses being added by policy, the Planning Commission and City Council need to carefully deliberate if they agree with the staff assessment of policy/practice and then determine if such uses were truly addressed in the code update Negative Declaration. Also, why do places of worship also include assembly uses in the use title? The reason for both clauses should be explained in writing. Chad Ortlieb 195 S. Myrtle Ave Tustin, CA 92780 27. Page 51, Section 9270 a The interpretation section of the code should not be deleted. If it is deleted, there is no specificity as to who is left with the authority to determine code ambiguity and the appeal process is jeopardized. 28. Page 52, Section 9270b(3)(e) —The code section should remain as is without any addition. The reference to Article 3 of the TCC would allow live entertainment to occur on an almost unlimited basis for any non-profit event. The addition of the section would cause a need to assess the noise impact implications citywide. There would be significant noise impacts that the Negative Declaration did not assess. Adding the proposed language could circumvent the Wilcox Manor CUP process when combined with the "assembly use" definitions and use. 29. Page 53, "Approval of Temporary Uses" - The proposed new language would relate only to businesses and would exclude residential uses. The language should envision the possibility of business and commercial or quasi -commercial land uses in residential zones. The modified language hints at eliminating future permitting options for party facilities such as Wilcox Manor. 30. Page 54, "Utilities to be Placed Underground" — While I understand that this section is already adopted, it should be noted and disclosed to the public that the implication of enforcement will change the character of Old Town Tustin once multiple nexuses linked for new floor area will gradually cause traditional overhead infrastructure to be undergrounded. 31. Page 56, Section 927li(1)(c) — The code update allows the Public Works Department to determine site distance standards. The update should define the standards. 32. Page 57, Section 9271n2. — The distance separation for detached accessory structures is being eliminated. This is more than a matter of policy and it has broad reaching implications citywide. The deletion of the requirement will have cumulatively considerable significant impacts on land use, fire hazard prevention, safety response, aesthetics, and sound land use planning. The impacts were not analyzed in the Negative Declaration. This section should not be deleted. 33. Page 67, Section 6271ff— This section limits outdoor storage by requiring it to be within a building. Addition of this code hampers the City's competitive edge against other cities that allow some business, mostly industrial, to have screened outdoor storage. The addition should be rethought. Furthermore, a definition for eating establishment should be placed in the code if it does not already exist, 34. Page 68, Section 927lhh(a)- Impacts from light pollution need to be quantified with a measurable unit and glare needs to be defined. 35. Page 68, Section 9271ii — Rooftop screening as a mandatory requirement as proposed is a nice thought in theory but difficult to enforce when business cry foul due to costs and delays. Often times the screening is no better than the exposed units and often times the Chad Ortlieb 195 S. Myrtle Ave Tustin, CA 92780 units are not readily visible. The code should allow for an appeal of the requirement and/or offer staff some discretion. 36. Page 70, Section 9272d(4) — Who is the entity that would be `otherwise authorized"? A code reference to a process should be provided. 37, Page 75, Section 929 la — The limits of the Zoning Administrator should be referred to by code section. 38. Page 79, New Definitions — Some definitions appear to be more than state law or policy based. Staff should disclose which category from the staff report the definitions are being added for. 39. Page 80, "Places of Assembly" — See comment 21. 40. Page 82, "Micro -winery" — Why is the definition needed? The California Department of Alcoholic Beverage Control likely has all the types of alcohol dispensing use definitions. Those definitions should be referred to. Does the definition apply to tasting parties where the site owner owns a winery off-site? 41. Page 82, Section 9298 b — The "Criteria for Use Determination" should have a lead in statement that states "As authorized by Tustin City Code Sections...." [insert sections here] 42. Page 83, Section 9298c — The section should read "If any ambiguity arises concerning the appropriate provisions of the chapter, the Director of Community Development shall make and interpretation or, on appeal and/or by review authority under an entitlement under Planning Commission or City Council jurisdiction, the Planning Commission or City Council shall ascertain all pertinent facts and make an interpretation by resolution with findings and thereafter such interpretation shall govem." 43. Page 83, Section 9299b — A header of 9299 is needed. 44. Page 85, Under Business operations — "conducted within view" would benefit from providing more parameters. Thank you for your consideration of the above. Regards, G�� ozl" Chad Ortlieb From: Chad Ortlieb Sent: Tuesday, March 12, 2013 2:19 PM To: 'astonich@tustin.org' Subject: Draft Code Amendment 13-001 Attachments: Brown Act Page Excerpts.pdf Amy, Attached are the page excerpts for comment number 4 of my letter. Thank you, Chad Ortlieb From: Chad Cr lieb Sent: Wednesday, March 13, 2013 12:58 PM To: astonich@tustin.org Subject: Yesterday Amy, Please know that my intention is not to attack the hard work you do or to belittle anyone. Your knowledge, integrity, professionalism and, reputation will stand for itself. I am standing up for what I believe is right, maintaining my position and the position of others to protect my interests and interests of those in the neighborhood and City that don't understand the process and, hoping to add value and Improve the process for future processing at the City. I am not trying to dictate to the City of Tustin what they should do within their rights, though I may sometimes disagree with the City on what they believe their authority is. I am trying to make sure the process is completed within all legal, ethical, and procedural parameters and that the decision makers render their decision with all transparency in that regard. I am trying to be transparent in all my dealings with the City and am not the sole voice of recent concerns. Hence, i generally do not seek to consult privately with staff or elected officials. As a result, my tact may appear to be lackluster. However, conflict results in clarity, which is the goal that I am seeking to accomplish. Thank you for your continued work on the draft code update and I hope you will not take yesterday's letter personally. Sincerely, Chad ATTACHMENT F APPLICANTS' REQUESTED MODIFICATIONS RESOLUTION NO. 4207 A RESOLUTION OF THE= PLANNING COMMISSION OF THE CITY OF TUSTIN, RE COMMENDING THAT THE CITY COUNCIL APPROVE CONDITIONAL USE PERMIT 2012-10 AUTHORIZING A MAXIMUM OF 36 total ioaid and charity) outdoor. events per Tyear with 51-200 guests. 24 PAD _U T -P_ QQR EVENTS I�E' AT 310 SOUTH PASADENA AVENUE. The Planning Commission does hereby resolve as follows: 1. The Planning Commission finds and determines as follows: A. That a proper application for Conditional Use Permit 2012-10 was filed by Mr. Michael Demorat : and Mr. Lindburgh McPherson requesting authorization for a maximum of 3624 paid -outdoor events per year at the existing single family residence at 310 S. Pasadena Avenue. A. All events of 5v uests are not subject to the provisions of &esolution no. 4207 — - B. That the site is located in the Single Family Residential District (R1) and Cultural Resource District (CR), and has a Low Density Residential General Plan land use designation. C. That the Low Density Residential land use designation provides for residential uses and a variety of public, institutional, and other uses which are determined to be compatible wth, and oriented toward the needs of these neighborhoods. In add -tion, the project has been reviewed for consistency with the Air Quality Sub -element of the City of Tustin General Plan and has been determined to be consistent with the A'r Quality Sub -element. D. That Conditional Use Permit 2012-10 is consistent with, and implements, the following General Plan Land Use Element goals and policies: a. Policy 5.5: Encourage the restoration and rehabilitation of properties in Tustin eligible for inclusion on the National Register of Historic Places according to the rehabilitation guidelines and tax incentives of the National Trust for Historic Preservation. Policy 6.5: Preserve historically significant structures and sites, and encourage the conservation and rehabilitation of older buildings, sites and neighborhoods that contribute to the City's historic character. c. Policycy 6.11! Encourage the establishment of unique identity in in,. C' 's ne hborhoods. Resolution No. 4207 Page 2 Ci# ne+gh- - - - 0--G-d g- - c. Policy 7.1: Broaden the City's tax base by attracting businesses which will contribute to the Ckj's economic growth and employment opportunities while ensuring compatibility with other General Plan goals and policies. Goal 10: Improve and strengthen the Tustin Old Town/First Street area with a unique pedestrian environment and diverse mix of goods, services, and uses. d:E Policy 10.1: Improve the Old Town District's identity as the City's histoncal and architectural focus and its contribution to the City's economic base. E. That the purposes of the CR Distr ct are as follows: a. Safeguard the heritage of the City by preserving neighborhoods, structures, sites and features which reflect elements of the City's cultural, architectural, artistic, aesthetic, polifcal, social, natural and engineering heritage. b. Encourage public knowledge, understanding, and apprec ation of the City's past. c. Strengthen civic and neighborhood pride and a sense of identity based on the recognition and use of cultural resources. d. Provide the private and public enjoyment, use and preservation of culturally significant neighborhoods, structures and sites appropriate for the education and recreation of the citizens of Tustin and visitors to the City. e. Enhance the visual and aesthetic character, diversity of architectural styles and aesthetic appeal of the City. e—. EnhanGL- the visoal and ae&thet o—cha+—ter, dveFsi of f. Enhance property values and increase economic and financial benefits to the City and its inhabitants. g. Assure that new construction and subdivision of lots in the Cultural Resource District are compatible with the character of the district. Resolution No. 4207 Page 3 h. Identify as early as possible and resolve conflicts between preservation of historic and cultural resources and alternative land uses. F. That the proposed outdoor event use, which is a nonlisted use in the CR District, supports the purposes of the CR District and is consistent with and implements Policies 5.5, 6.5, 6.11, 7. 1, and 10.1 and Goal 10 of the Land Use Element of the General Plan in that: a. The proposed use would introduce many first-time Old Town Tustin visitors to Tustin's historic resources which would foster knowledge, understanding, and appreciation of Tustin's past. b. The proposed use would complement and bring recognition to a historic resource, which would promote the identity of Old Town Tustin. c. The proposed use would allow for the enjoyment and use of a locally significant histor c property by Tustin citizens and visitors. d. The proposed use has the potential to directly and indirectly generate additional revenue for the City in the form of business license taxes, sales tax, and transient occupancy tax. e. The proposed use could be conditioned to avoid potential conflicts between the events and the surrounding Cultural Resource District. G. That a public hearing was duly called, noticed, and held for Conditional Use Permit 2012-10 on October 9, 2012, by the Planning Commission. H. That the establishment, maintenance, and operation of the proposed use will not, under the circumstances of this case, be detrimental to the health, safety, morals, comfort, or general welfare of the persons residing or working in the neighborhood, nor be injurious or detrimental to the property and improvements in the neighborhood of the subject property, or to the general welfare of the City of Tustin in that: 1) The proposed use is authorized pursuant to Section 925 j2(a)(2) of the Tustin City Code with the approval of a Conditional Use Permit by the Tustin City Council, which may consider a proposed nonlisted use of a property within the CR District when the use supports the purposes of the CR District, following a public hearing and recommendation by the Planning Commission. 2) The proposal is consistent with the Single Family Residential (R1) zoning district standards in that other assembly uses such as churches, schools, parks and playgrounds also are subject to Resolution No. 4207 Page 4 conditional use permit approval. The proposed use is appropriate under the General Plan Land Use Element Low Density Residential designation in that similar assembly uses such as churches and schools are allowed when determined to be compatible with the neighborhood. 3) The proposed use is consistent with other private gatherings such as chanty events and weddings and with other public gatherings such as home tours and promenades which have occurred on a regular basis without significant disruption in the Cultural Resource Distnct. 4) As conditioned, Conditional Use Permit 2012-10 may be reviewed as often as necessary, by the Community Development Director. If the use is not operatod in accordance with Conditional Use Permit 2012-10 or is found to be a nuisance or negative impacts are affecting the surrounding uses, the Community Development Director would have the authority to impose additional conditions to eliminate the nuisance or negative impacts or may initiate proceed'ngs to revoke the Conditional Use Permit. 5) The proposed -outdoor events would be managed by the property owners who have experience hosting many outdoor charity eventq at 310 S. Pasadena Avenue. The City will rely on the property owners to fulfill the conditions of approval and comply with all Building/Safety Codes. 6) The imp lementationlapplication of the proposed conditions would ensure compatibility of the proposed use with the surround;ng uses and the Tustin City Code. 7) The proposed peA.-Dutdoor events would be ancillary to the existing single family residence at 310 S. Pasadena Avenue and are not anticipated to result in parking impacts since an adequate number of parking spaces will be required to be provided at an approved off- site parking lot to accommodate parking needs. 8) The Tustin Police and Public Works Department ha reviewed the application and haves no immediate concerns. 1. That this project is Categorically Exempt pursuant to Sections 15301, Class 1 (Existing Facilities) and 15303, Class 3 (New Small Facilities) of Title 14, Chapter 3 of the California Code of Regulations (Guidelines for the California Environmental Quality Act. II. The Planning Commission hereby recommends that the City Council approve Conditional Use Permit 2012-10 authorizing a maximum of 24 paid Resolution No. 4207 Page 5 outdoor events per year at 310 S. Pasadena Avenue, subject to the conditions contained within Exhibit A attached hereto. PASSED AND ADOPTED by the Planning Commission of the City of Tustin at a regular meeting on the 91" day of October, 2012. STEVE. KOZAK Chairperson ELIZABETH A. BINSACK Planning Commission Secretary STATE= OF CALIFORNIA COUNTY OF ORANGE CITY OF TUSTIN I, Elizabeth A. Binsack, the undersigned, hereby certify that I am the Planning Commission Secretary of the City of Tustin, California; that Resolution No. 4207 was duly pa!�ied and adopted at a regular meeting of the Tustin Planning Commission, held on the 9" day of October, 2012. ELIZABETH A. BINSACK Planning Commission Secretary EXHIBIT A RESOLUTION NO. 4207 CONDITIONAL USE PERMIT 2012-10 CONDITIONS OF APPROVAL GENERAL (1} 1.1 The proposed project shall substantially conform with the submitted plans for the project date stamped , on file with the Community Development Department, as herein modified, or as modified by the Director of Community Development in accordance with this Exhibit. The Director of Community Development may also approve subsequent minor modifications to plans during plan check if such modifications are consistent with provisions of the Tustin City Code. (1) 1.2 Unless otherwise specified, the conditions contained in this E xhibit shall be complied with as specified, subject to review and approval by the Community Development Department. (1) 1.3 This approval shall become null and void unless the first pai4 -event takes place within twelve (12) months of the date of this Exhibit. TGme extensions may be granted if a written request is received by the Community Development Department within thirty (30) days prior to expiration. (1) 1.4 Approval of Conditional Use Permit 2012-10 is contingent upon the applicant and property owner signing and returning to the Community Development Department a notari9*ed "Agreement to Conditions Imposed" form and the property owner signing and recording with the County Clerk - Recorder a notarized "Notice of Discretionary Permit Approval and Conditions of Approval' form. The forms shall be established by the Director of Community Development, and evidence of recordation shall be provided to the Community Development Department. Exhibit A Resolution No. 4207 CUP 2012-10 Page 2 (1) 1.5 This condition shall serve as a precitation and to inform the responsible person(s) and property owner(s) of the compliance requirements pursuant to the Tustin City Code (TCC) and/or other applicable codes, laws, and conditions. Failure to comply with the conditions of approval set forth herein shall result in the issuance of an administrative citation pursuant to TCC 1162(a). The City may also take further legal action including issuing the responsible person(s) a citation and/or abating the violation(s) with the cost of such abatement and/or prosecution assessed against the responsible person(s), the property owner(s), and/or the property as a lien. Upen toe +ssua a #-& #44 aidmir,i_tFi3t e e4a4on with+n —the Community ID6Ye1GPM1aRt QiFn .--._ F sha4-6e% r++ri�;4 eyrrfer hearir q-befa,Y -P PlRRRjnrt yy� 4-. So T T& fR�T LTI i��i T4 TJ'4!T S'4.77i TSJ'1 (1) 1.6 Conditional Use Permit 2012-10 may be reviewed as often as necessary by the Community Development Director on the Community Development Director's own inLtiative or in consultation with the Police Chief or the Director of Public Works, to ensure compatibility with the area and compliance with the conditions of approval contained in this Resolution and related Exhibits ("conditions of approval"). If the Community Development Director, either on the Director's own initiative or after consulting with the Police Chief and/or the Director of Public Works, determines that there is evidence that the use is being operated in a manner inconsistent with the conditions of approval or is creating a nuisance or otherwise negatively or detrimentally affecting surrounding uses, the Community Development Director may impose additional conditions to eliminate the nuisance or negative impacts, or may set the matter for hearing before the Planning Commission and the City Council as provided under Tustin City Code rection 9293. At the conclusion of such hearing, the City Council may either revoke the permit or impose additional conditions as the City Council may reasonably determine necessary or convenient to eliminate any nuisance or minimLe any negative impacts. (1) 1.7 If in the future the City's Community Development Director, Police Chief, and/or Public Works Department determine that a parking, traffic, or noise problem exists on the site or in the vicinity as a result of the facility, the Community Development Director, Police Chief, and/or Public Works Department may require that the applicant prepare a Exhibit A Resolution No. 4207 CUP 2012-10 Page 3 parking demand analysis, traffic study, or noise analysis and the applicant shall bear all associated costs. If said study indicates that there is inadequate parking or a traffic or noise problem, the applicant shall be required to provide mitigation measures to be reviewed and approved by the Community Development Department, Police Chief, and/or Public Works Department. Said mitigation measures may include, but are not limited to, the following: (a) Adjust days and/or hours of operation. (b) Reduce the maximum attendance at events. (c) Provide additional or alternative parking. (d) Eliminate live entertainment. (e) Require additional on-site security personnel. (f) Provide sound attenuation. (1) 1.8 As a condition of approval of Conditional Use Permit 2012-10, the applicant shall agree, at its sole cost and expense, to defend, indemnify, and hold harmless the City, its officers, employees, agents, and consultants, from any claim, action, or proceeding brought by a third party against the City, its officers, agents, and employees, which seeks to attack, set aside, challenge, void, or annul an approval of the City Council, the Planning Commission, or any other decision-making body, including staff, concerning this project. The City agrees to promptly notify the applicant of any such claim or action filed against the City and to fully cooperate in the defense of any such action. The City may, at its sole cost and expense, elect to participate in the defense of any such action under this condition. (1) 1.9 The applicant shall be responsible for costa associated with any necessary code enforcement action, including attorney's fees, subject to the applicable notice, hearing, and appeal process as established by the City Council by ordinance. (1) 1.10 An pa --d -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. Exhibit A Resolution No. 4207 CUP 2012-10 Page 4 (1} 1.11 if an pa -event requires extra planned or unplanned City services such as police, code enforcement, or public works services, as determined b the Community Development Director, the applicant shall reimburse the City for any costs associated with the planned or unplanned City services. USE RESTRICTIONS {***} 2.1 All paU events shall take place entirely within the outdoor areas of the {***} 2.2 A maximum of 2436 paid outdoor events shall be allowed per calendar year. A maximum of five (5) paid -outdoor events shall be allowed per calendar month. (***) 2.3 The maximum attendance at each pa+ -outdoor event shall not exceed a total of 200 people for the event, including service providers, such as caterers, musicians, photographers, etc_. Ani event. of 50 and fewer guests shill not be subject to the rov�sions.of Resolution no. 4207 (***} 2.4 Events, including set up activities, shall take place only between 10:00 I a.m. and 10:00 p.m. on Friday and Saturday, and between 10:00_ a m. and 9:00 p.m. on Sunday. through Thursday• {**) 2.5 Based on the maximum allowable attendance of 200 and a parking requirement of one space per ii guests, the approved off-site parking lot or lots shall accommodate a minimum o.67 vehicles in marked parking stalls and/or through valet parking, as approved by the Director of Community Development. (***} 2.6 There shall be no event parking on Pasadena Avenue or any other street. All guests and service providers shall park their vehicles on the property at 310 S. Pasadena Avenue, or at an off-site parking lot approved by the Director of Community Development. The applicant and/or property owner shall post signage, as approved by the Director of Community Development, at the front of 310 S. Pasadena Avenue identifying the location of the approved off-site parking lot and indicating that no guest parking is permitted on Pasadena Avenue or any other street. No other event _signa�e shall be allowed. Exhibit A Resolution No. 4207 CUP 2012-10 Page 5 {***) 2.7 The applicant and/or property owner shall submit a parking and tragic management plan for the off-site parking lot and the surrounding neighborhood street system to Public Works Department for review and approval a minimum of thirty (30) calendar days prior to the first A outdoor event that utilizes the approved off-site parking lot. The parking and traffic management plan shall be prepared by a registered Traffic Engineer or a registered Civil Engineer with experience in preparing a parking and traffic management plan. The parking and traffic management plan must emphasize measures that will provide assurance that event attendees will not be parking in the surrounding neighborhood mc,[ the +station of An �d+e^+ ter shUt#e eaSSeBa s,7 The applicant and/or property owner shall retain a bonded/licensed traffic management company to implement the provisions of the parking and traff c management plan including set-up/break-down and removal of all traffic control devices at the conclusion of each event. {** } 2.8 The applicant and/or property owner shall provide to the Director of Community Development a written shared parking agreement between the property owners of 310 S. Pasadena and the off-site parking lot a minimum of thirty (30) calendar days prior to the first pa -outdoor event that utilizes the approved off-site parking lot. If the agreement is terminated, p&� I -events shall be discontinued until an alternate parking lot is approved for off-site parking by the Director of Community Development. (1) 2.9 The approved off-site parking lot shall not operate in such a manner that would impact any traffic lanes, cause back up (queuing) of vehicles into the public rght-of-way, or create any unsafe conditions. (***) 2.10 Paid�Cutdoor events shall not be held during business hours of the businesses that utilize the approved off-site parking lot. {***} 2.11 The applicant and/or property owner shall provide evidence of a written contract for event shuttle services to the Director of Community Development a minimum of ten (10) calendar days prior to the first pag event That utilizes the shuttle service. The form and content of this agreement shall require approval by the Director of Community Development. Exhibit A Resolution No. 4207 CUP 2012-10 Page 6 (***} 2.12 A c -shuttle van. 9 Res with a ri^ T 12 passengerp hall provide continuous shuttle service to and from 310 S. Pasadena Avenue beginning no later than one hour prior to the event and ending once all guests and service providers have vacated the property at 310 S. Pasadena Avenue. For paid events with 100 guests or more, a minimum of two nes-4iese�-shuttle vans . aslwi## 21 mem+ of. 1.2 passengep- of buses- -shall provide continuous shuttle service, unless approved otherwise by the Director of Community Development. Shuttle van drivers shall refrain from sounding horns and other noise making devices. &huffle.yans- _ be ADA R Ret+dle (***) 2.13 A minimum of one parking lot attendant or valet shall be present at the approved off-site park:ng lot beginning no later than one hour prior to the event and ending once all vehicles have vacated the approved off-site parking lot. Duties of the attendant or valet shall include directing guests to use- sl� - , .,�waN 4x -# 4p-y� limiting noise, discouraging loitering, and reporting any unusual activit es to the applicant, property owner, and/or designated event coordinator. {***} 2.14 All service providers for the events. such as caterers, equipment rental employees, photographers, musicians, florists, etc. shall park their vehicles on the property when making deliveries and retrieving items. All boxes, carts, and equipment shall be placed out of view from the public right of way. 2.15 A minimum of one event attendant shall be stafioned at the front of 310 S. Pasadena Avenue beginning one hour prior to the went and until all guests and service providers have vacated the premises. Duties of the event attendant shall include directing guests, monitoring on -street parking, limiting noise, discouraging loitering, and reporting any unusual activities to the applicant, property owner, and/or designated event coordinator. (***) 2.16 All PaA -events shall be by inv,tation only. Invitations addressed to event guests may not include the venue's address and shall include parking instructions to the off-site parking location and clearly state that parking for the event shall be prohibited on Pasadena Avenue, 2nd Street, Myrtle Avenue, and any other street, and that the hosts of the event may be fined for each violation of this requirement. Exhibit A Resolution No. 4207 CUP 2012-10 Page 7 I (***) 2.17 Shuttles providing transportation to and from the event site shall no! idle foF rnow than -mina shall only park on-site or on the street directly in front of 310 S. Pasadena Avenue or on the street adjacent to the approved off-site parking lot. (***) 2.18 No refrigerated trucks or trucks with generators shall be allowed to park at 310 S. Pasadena Avenue during J_outdoor events. (1) 2.19 Any litter on-site or within the public right-of-way attributable to the outdoor paid -event shall be removed within one hour of the conclusion of the event. The applicant and property owner shall assume full responsibility for clean-up of litter, refuse, and debris attributable to the event- eA eir withis 1@0f t_of-the p4-epe" (1) 2.20 No outdoor storage of event chairs, tables, canopies, or other event items shall be permitted, except as approved by the Director of Community Development. (1) 2.21 The existing garage shall be available for the parking of vehicles. Storage may occur in the garage only to the extent that such storage does not impede vehicle parking nor reduce the number or required minimum size of the required garage space, which is 20 feet by 20 feet. (1) 2.22 The p -outdoor event use shall remain ancillary to the single family residential use of the property. At such time the residential use is I discontinued or no longer the primary use of the property, Gr - f Use R -PE -Own the .1pr the use permit shall be deemed null and void. (1) 2.23 The types of live entertainment permitted includes single performers, duos, disc jockeys, karaoke singers, the use of a piano, organ, keyboard, radio, record, tape, compact disc player juke box, television receiver, or similar device. Any change to the type of live entertainment other than authorized by this Conditional Use Permit shall be authorized by the Director of Community Development. (1) 2.24 The ambient noise levels resulting from the pa,4 -outdoor events shall not exceed the standards of the City of Tustin Noise Ordinance. ...i parties recognize that due to the roximi of the 5155 freewa interchange the Residential_ Noise Ordinance Standard for the City of Tustin the sub'ect propeqy exceeds by a oroximate 25 decibels without an event occurring. Therefore it is recognized that noise shall not exceed the ambient nose Qenerated from the freeway between 10:00 PM and 10:00 AM on Frift or Saturday or 9:00 PM and 10 AM Exhibit A Resolution No. 4207 CUP 2012-10 Page 8 from Sunday through Thursday (1) 2.25 No loitering, public drunkenness, informal gathering, or other activities by guests or service providers shall occur on the public right of way, at the approved off-site parking lot, or on any private residential property in the vicinity of 310 S. Pasadena Avenue or the approved off-site parking lot. (1) 2.26 All amplified sound and music shall cease by 10:00 p.m. on Friday and Saturday, and by 9:00 p.m. on Sunday through Thursday. (1) 2.27 Tables, chairs, tents, and other equipment associated with the event shall not be removed from the site between 11:00 p.m. and 10:00 a.m. on Friday and Saturday, and not between 10:00 p.m and 10:00 a.m. on Sunday through Thursday. (***) 2.28 The applicant and/or property owner shall notify the Tustin Police Department Watch Commander (by electronic mail) of the date and time of each pa- -outdoor event, and the phone number and email address of the designated event coordinator (if applicable) at least 72 hours prior to the event. (***) 2.29 The applicant, property owner, or designated event coordinator shall be present on-site during the entirety of each �-aid-outdoor event, including set-up and clean-up. The applicant, property owner, or designated event coordinator shall be accessible by mobile telephone and e-mail during the event to address any issues or complaints from community members. The mobile telephone number and email address and a schedule of upcoming event dates and4n&-,.-shall be provided on thea licant's website 4eaa evert- (***} 2.30 The service and consumption of alcoholic beverages on the premises during any paid -outdoor event may occur only in accordance with all regulations and requirements of the State Department of Alcoholic Beverage Control. (1) 2.31 Persons who appear obviously intoxicated prior to the event shall not be 1 admitted into the premises for the duration of the "-a outdoor event. (1) 2.32 Patrons who become obviously intoxicated during the event shall not be served any additional alcoholic beverages. (***) 2.33 All service providers, including caterers, musicians, photographers, and florists shall be selected from a list of approved service providers maintained by the applicant and/or property owner. Exhibit A Resolution No. 4207 CUP 2012-10 Page 9 (***} 2.34 Prior to the first paid outdoor event, the proposed restroom facilities shall be approved and inspected by the City of Tustin. (1) 2.35 There shall be no special events sponsored by or involving an outside promoter or any other person other than the applicant and/or property owner. The building may not be sublet to a separate business or promoter or person other than the applicant and/or property owner. (1) 2.36 All businesses that will be operating within the City of Tustin as a result of this conditional use permit, including event setup and clearing, shall be required to obtain a valid City of Tustin Business License and all required permits. (1) 2.37 A Certificate of Appropriateness shall be approved prior to the issuance of permits for any exterior improvements requiring a building permit. (1) 2.38 Lighting shall not produce light, glare, or have a negative impact on adjacent properties. Details of all proposed lighting fixtures and a photometric study showing the location and anticipated pattern of light distribution of all proposed fixtures shall be provided at plan check. All new light fixtures shall be consistent with the architecture of the building and all exterior lighting shall be designed and arranged as not to direct light or glare onto adjacent properties, including the adjacent streets. Wall - mounted fixtures shall be directed at a 90 -degree angle directly toward the ground. (***) 2.39 Cooking and/or food preparation for p—M -outdoor events shall not occur inside any building on the property. (1) 2.40 Fire and Police access and passage shall be permitted at all times. All activities including parking and equipment shall not block parking areas, access, or passage for disabled persons or emergency response vehicles. (1) 2.41 The proposed restroom addition shall be a minimum of 10 feet from the existing gazebo or it shall be attached to the existing gazebo. 2.42 Residential solid waste collection services shall be provided to the property. BUILDING DIVISION (1) 3.1 An Accessible Route of Travel continuous from the street to the accessible bathrooms is required for the use of persons with disabilities as Exhibit A Resolution No. 4207 CUP 2012-10 Page 10 required by California Building Code. These facilities located at private residences shall have accessible elements leading to the accessible bathrooms, including homeowner's front sidewalk, ramps, gates, etc. Chapter 11 B, Sections 1101B6, 1102B, and 1133B. Directional and informational signs, gate access and hardscape walks are required. Sections 1117B.5, and 1133B. (***) 3.2 Based on the CUP request, the public is permitted only to the outdoor facilities and the rear bathrooms, and therefore not to residences, including family room(s) as these structures are not accessible to persons with disabilities. (1) 3.3 At the time of building permit application, the plans shall comply with the 2010 Edition St:ite and the City of Tustin adopted codes: California Building Code, California Electrical Code, California Plumbing Code, City Ordinances, and State and Federal laws and regulations. FEES (1,5) 4.1 Pnor to issuance of a City of Tustin Business License and/or commencement of an event, whichever occurs first, the applicant shall provide written approval from the Orange County Sanitation District (OCSD) with regards to fees for the proposed restroom and outdoor use to the City of Tustin. If nece;--sa. shall u size the sewer (1) 4.2 Prior to issuance of a City of Tustin Building Permit and/or commencement of an event, whichever occurs first, the applicant shall provide written approval from the Transportation Corridor Agency (TCA) with regards to fees for the proposed restroom and outdoor use to the City of Tustin. (1) 4.3 Within forty-eight (48) hours of approval of the subject project, the applicant shall deliver to the Community Development Department, a cashier's check payable to the COUNTY CLE=RK in the amount of fifty dollars ($50.00) to enable the City to file the appropriate environmental documentation for the project. If within such forty-eight (48) hour period the applicant has not delivered to the Community Development Department the above -noted check, the statute of limitations for any interested party to challenge the environmental determination under the provisions of the California Environmental Quality Act could be significantly lengthened. ATTACHMENT G CITY COUNCIL RESOLUTION NO. 13-74 RESOLUTION NO. 13-74 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TUSTIN, CALIFORNIA, APPROVING CONDITIONAL USE PERMIT 2012-10, AUTHORIZING A MAXIMUM OF 24 OUTDOOR EVENTS PER YEAR AT 310 SOUTH PASADENA AVENUE. The City Council of the City of Tustin does hereby resolve as follows: I. The City Council finds and determines as follows: A. That a proper application for Conditional Use Permit 2012-10 was filed by Mr. Michael Demoratz and Mr. Lindburgh McPherson requesting authorization for a maximum of 24 paid outdoor events per year at the existing single family residence at 310 S. Pasadena Avenue. B. That the site is located in the Single Family Residential District (R1) and Cultural Resource District (CR), and has a Low Density Residential General Plan land use designation. C. That the Low Density Residential land use designation provides for residential uses and a variety of public, institutional, and other uses which are determined to be compatible with, and oriented toward the needs of these neighborhoods. In addition, the project has been reviewed for consistency with the Air Quality Sub -element of the City of Tustin General Plan and has been determined to be consistent with the Air Quality Sub -element. D. That Conditional Use Permit 2012-10 is consistent with, and implements, the following General Plan Land Use Element goals and policies: a. Policy 5.5: Encourage the restoration and rehabilitation of properties in Tustin eligible for inclusion on the National Register of Historic Places according to the rehabilitation guidelines and tax incentives of the National Trust for Historic Preservation. b. Policy 6.5: Preserve historically significant structures and sites, and encourage the conservation and rehabilitation of older buildings, sites and neighborhoods that contribute to the City's historic character. c. Policy 7.1: Broaden the City's tax base by attracting businesses which will contribute to the City's economic growth and employment opportunities while ensuring compatibility with other General Plan goals and policies. Resolution No. 13-74 Page 2 d. Goal 10: Improve and strengthen the Tustin Old Town/First Street area with a unique pedestrian environment and diverse mix of goods, services, and uses. e. Policy 10.1: Improve the Old Town District's identity as the City's historical and architectural focus and its contribution to the City's economic base. E. That the purposes of the CR District are in part, as follows: a. Safeguard the heritage of the City by preserving neighborhoods, structures, sites and features which reflect elements of the City's cultural, architectural, artistic, aesthetic, political, social, natural and engineering heritage. b. Encourage public knowledge, understanding, and appreciation of the City's past. c. Strengthen civic and neighborhood pride and a sense of identity based on the recognition and use of cultural resources. d. Provide the private and public enjoyment, use and preservation of culturally significant neighborhoods, structures and sites appropriate for the education and recreation of the citizens of Tustin and visitors to the City. e. Enhance property values and increase economic and financial benefits to the City and its inhabitants. f. Assure that new construction and subdivision of lots in the Cultural Resource District are compatible with the character of the district. g. Identify as early as possible and resolve conflicts between preservation of historic and cultural resources and alternative land uses. F. That the proposed outdoor event use, which is a nonlisted use in the CR District, supports the purposes of the CR District and is consistent with and implements Policies 5.5, 6.5, 7.1, and 10.1 and Goal 10 of the Land Use Element of the General Plan in that: a. The proposed use would introduce many first-time Old Town Tustin visitors to Tustin's historic resources which would foster knowledge, understanding, and appreciation of Tustin's past. b. The proposed use would complement and bring recognition to a historic resource, which would promote the identity of Old Town Tustin. Resolution No. 13-74 Page 3 c. The proposed use would allow for the enjoyment and use of a locally significant historic property by Tustin citizens and visitors. d. The proposed use has the potential to directly and indirectly generate additional revenue for the City in the form of business license taxes, sales tax, and transient occupancy tax. e. The proposed use could be conditioned to avoid potential conflicts between the events and the surrounding Cultural Resource District. G. That a public hearing was duly called, noticed, and held for Conditional Use Permit 2012-10 on October 9, 2012, by the Planning Commission. The Planning Commission adopted Resolution No. 4207, recommending that the City Council approve CUP 2012-10 to allow a maximum of 24 outdoor events per year at 310 S. Pasadena Avenue. H. That a public hearing was duly called and noticed on said application for the City Council meeting of November 6, 2012. At the request of the applicants, the public hearing was continued from November 6, 2012, to the January 15, 2013, meeting of the Tustin City Council, and again to the September 17, 2013, meeting of the Tustin City Council. The item was re -noticed for the August 20, 2013, meeting of the Tustin City Council. I. That a public hearing was duly called, noticed, and held for Conditional Use Permit 2012-10 on August 20, 2013, by the City Council. J. That the establishment, maintenance, and operation of the proposed use will not, under the circumstances of this case, be detrimental to the health, safety, morals, comfort, or general welfare of the persons residing or working in the neighborhood, nor be injurious or detrimental to the property and improvements in the neighborhood of the subject property, or to the general welfare of the City of Tustin in that: 1) The proposed use is authorized pursuant to Section 9252j2(a)(2) of the Tustin City Code with the approval of a Conditional Use Permit by the Tustin City Council, which may consider a proposed nonlisted use of a property within the CR District when the use supports the purposes of the CR District, following a public hearing and recommendation by the Planning Commission. 2) The proposal is consistent with the Single Family Residential (R1) zoning district standards in that other assembly uses such as churches, schools, parks and playgrounds also are subject to Resolution No. 13-74 Page 4 conditional use permit approval. The proposed use is appropriate under the General Plan Land Use Element Low Density Residential designation in that similar assembly uses such as churches and schools are allowed when determined to be compatible with the neighborhood. 3) The proposed use is consistent with other private gatherings such as charity events and weddings and with other public gatherings such as home tours and promenades which have occurred on a regular basis without significant disruption in the Cultural Resource District. 4) As conditioned, Conditional Use Permit 2012-10 may be reviewed as often as necessary, by the Community Development Director. If the use is not operated in accordance with Conditional Use Permit 2012-10 or is found to be a nuisance or negative impacts are affecting the surrounding uses, the Community Development Director would have the authority to impose additional conditions to eliminate the nuisance or negative impacts or may initiate proceedings to revoke the Conditional Use Permit. 5) The proposed outdoor events would be managed by the property owners who have experience hosting many outdoor charity events at 310 S. Pasadena Avenue. The City will rely on the property owners to fulfill the conditions of approval and comply with all Building/Safety Codes. 6) The implementation/application of the proposed conditions would ensure compatibility of the proposed use with the surrounding uses and the Tustin City Code. 7) The proposed outdoor events would be ancillary to the existing single family residence at 310 S. Pasadena Avenue and are not anticipated to result in parking impacts since an adequate number of parking spaces will be required to be provided at an approved off- site parking lot to accommodate parking needs. K. That this project is Categorically Exempt pursuant to Sections 15301, Class 1 (Existing Facilities) and 15303, Class 3 (New Small Facilities) of Title 14, Chapter 3 of the California Code of Regulations (Guidelines for the California Environmental Quality Act. II. The City Council hereby approves Conditional Use Permit 2012-10 authorizing a maximum of 24 outdoor events per year at 310 S. Pasadena Avenue, subject to the conditions contained within Exhibit A attached hereto. Resolution No. 13-74 Page 5 PASSED AND ADOPTED at a regular meeting of the Tustin City Council held on the 20th day of August, 2013. ATTEST: JEFFREY C. PARKER CITY CLERK STATE OF CALIFORNIA ) COUNTY OF ORANGE ) SS CITY OF TUSTIN ) I, Jeffrey C. Parker, City Clerk and ex -officio Clerk of the City Council of the City of Tustin, California, do hereby certify that the whole number of the members of the City Council of the City of Tustin is five; that the above and foregoing Resolution No. 13-74 was duly passed and adopted at a regular meeting of the Tustin City Council, held on the 20th day of August, 2013, by the following vote: COUNCILMEMBER AYES: COUNCILMEMBER NOES: COUNCILMEMBER ABSTAINED: COUNCILMEMBER ABSENT: JEFFREY C. PARKER CITY CLERK EXHIBIT A RESOLUTION NO. 13-74 CONDITIONAL USE PERMIT 2012-10 CONDITIONS OF APPROVAL GENERAL (1) 1.1 The proposed project shall substantially conform with the submitted plans for the project date stamped August 20, 2013, on file with the Community Development Department, as herein modified, or as modified by the Director of Community Development in accordance with this Exhibit. The Director of Community Development may also approve subsequent minor modifications to plans during plan check if such modifications are consistent with provisions of the Tustin City Code. (1) 1.2 The conditions contained in this Exhibit shall be complied with as specified, subject to review and approval by the Community Development Department. (1) 1.3 This approval shall become null and void unless the first event takes place within twelve (12) months of the date of this Exhibit. Time extensions may be granted if a written request is received by the Community Development Department within thirty (30) days prior to expiration. (1) 1.4 Approval of Conditional Use Permit 2012-10 is contingent upon the applicant and property owner signing and returning to the Community Development Department a notarized "Agreement to Conditions Imposed" form and the property owner signing and recording with the County Clerk - Recorder a notarized "Notice of Discretionary Permit Approval and Conditions of Approval' form. The forms shall be established by the Director of Community Development, and evidence of recordation shall be provided to the Community Development Department. (1) 1.5 This condition shall serve as a precitation and to inform the responsible person(s) and property owner(s) of the compliance requirements pursuant to the Tustin City Code (TCC) and/or other applicable codes, laws, and conditions. Failure to comply with the conditions of approval set forth herein shall result in the issuance of an administrative citation pursuant to TCC 1162(a). The City may also take further legal action including issuing the responsible person(s) a citation and/or abating the violation(s) with the cost of such abatement and/or prosecution assessed against the responsible person(s), the property owner(s), and/or the property as a lien. Upon the issuance of a third administrative SOURCE CODES (1) STANDARD CONDITION (5) RESPONSIBLE AGENCY REQUIREMENT (2) CEQA MITIGATION (6) LANDSCAPING GUIDELINES (3) UNIFORM BUILDING CODE/S (7) PC/CC POLICY (4) DESIGN REVIEW * EXCEPTION Exhibit A Resolution No. 13-74 CUP 2012-10 Page 2 citation within a one year period, the Community Development Director shall set the matter for hearing before the Planning Commission and City Council to consider revocation or the imposition of additional conditions. (1) 1.6 Conditional Use Permit 2012-10 may be reviewed as often as necessary by the Community Development Director on the Community Development Director's own initiative or in consultation with the Police Chief or the Director of Public Works, to ensure compatibility with the area and compliance with the conditions of approval contained in this Resolution and related Exhibits ("conditions of approval"). If the Community Development Director, either on the Director's own initiative or after consulting with the Police Chief and/or the Director of Public Works, determines that there is evidence that the use is being operated in a manner inconsistent with the conditions of approval or is creating a nuisance or otherwise negatively or detrimentally affecting surrounding uses, the Community Development Director may impose additional conditions to eliminate the nuisance or negative impacts, or may set the matter for hearing before the Planning Commission and the City Council as provided under Tustin City Code Section 9293. At the conclusion of such hearing, the City Council may either revoke the permit or impose additional conditions as the City Council may reasonably determine necessary or convenient to eliminate any nuisance or minimize any negative impacts. (1) 1.7 If in the future the City's Community Development Director, Police Chief, and/or Public Works Department determine that a parking, traffic, or noise problem exists on the site or in the vicinity as a result of the facility, the Community Development Director, Police Chief, and/or Public Works Department may require that the applicant prepare a parking demand analysis, traffic study, or noise analysis and the applicant shall bear all associated costs. If said study indicates that there is inadequate parking or a traffic or noise problem, the applicant shall be required to provide mitigation measures to be reviewed and approved by the Community Development Department, Police Chief, and/or Public Works Department. Said mitigation measures may include, but are not limited to, the following: (a) Adjust days and/or hours of operation. (b) Reduce the maximum attendance at events. (c) Provide additional or alternative parking. (d) Eliminate live entertainment. Exhibit A Resolution No. 13-74 CUP 2012-10 Page 3 (e) Require additional on-site security personnel. (f) Provide sound attenuation. (1) 1.8 As a condition of approval of Conditional Use Permit 2012-10, the applicant shall agree, at its sole cost and expense, to defend, indemnify, and hold harmless the City, its officers, employees, agents, and consultants, from any claim, action, or proceeding brought by a third party against the City, its officers, agents, and employees, which seeks to attack, set aside, challenge, void, or annul an approval of the City Council, the Planning Commission, or any other decision-making body, including staff, concerning this project. The City agrees to promptly notify the applicant of any such claim or action filed against the City and to fully cooperate in the defense of any such action. The City may, at its sole cost and expense, elect to participate in the defense of any such action under this condition. (1) 1.9 The applicant shall be responsible for costs associated with any necessary code enforcement action, including attorney's fees, subject to the applicable notice, hearing, and appeal process as established by the City Council by ordinance. (1) 1.10 An 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. (1) 1.11 If an event requires extra planned or unplanned City services such as police, code enforcement, or public works services, as determined by the Community Development Director, the applicant shall reimburse the City for any costs associated with the planned or unplanned City services. USE RESTRICTIONS (***) 2.1 All events shall take place entirely within the outdoor areas of the property. (***) 2.2 A maximum of 24 outdoor events shall be allowed per calendar year. A maximum of five (5) outdoor events shall be allowed per calendar month. Exhibit A Resolution No. 13-74 CUP 2012-10 Page 4 (***) 2.3 The maximum attendance at each outdoor event shall not exceed a total of 200 people for the event, including service providers, such as caterers, musicians, photographers, etc. (***) 2.4 Events, including set up activities, shall take place only between 10:00 a.m. and 10:00 p.m. on Friday and Saturday, and between 10:00 a.m. and 9:00 p.m. on Sunday through Thursday. (***) 2.5 Based on the maximum allowable attendance of 200 and a parking requirement of one space per 3 guests, the approved off-site parking lot or lots shall accommodate a minimum of 67 vehicles in marked parking stalls and/or through valet parking, as approved by the Director of Community Development. (***) 2.6 There shall be no event parking on Pasadena Avenue or any other street. All guests and service providers shall park their vehicles on the property at 310 S. Pasadena Avenue, or at an off-site parking lot approved by the Director of Community Development. The applicant and/or property owner shall post signage, as approved by the Director of Community Development, at the front of 310 S. Pasadena Avenue identifying the location of the approved off-site parking lot and indicating that no guest parking is permitted on Pasadena Avenue or any other street. No other event signage shall be allowed. (***) 2.7 The applicant and/or property owner shall submit a parking and traffic management plan for the off-site parking lot and the surrounding neighborhood street system to Public Works Department for review and approval a minimum of thirty (30) calendar days prior to the first outdoor event that utilizes the approved off-site parking lot. The parking and traffic management plan shall be prepared by a registered Traffic Engineer or a registered Civil Engineer with experience in preparing a parking and traffic management plan. The parking and traffic management plan must emphasize measures that will provide assurance that event attendees will not be parking in the surrounding neighborhood, including the implementation of an identification system for shuttle passengers The applicant and/or property owner shall retain a bonded/licensed traffic management company to implement the provisions of the parking and traffic management plan including set-up/break-down and removal of all traffic control devices at the conclusion of each event. Exhibit A Resolution No. 13-74 CUP 2012-10 Page 5 (***) 2.8 The applicant and/or property owner shall provide to the Director of Community Development a written shared parking agreement between the property owners of 310 S. Pasadena and the off-site parking lot a minimum of thirty (30) calendar days prior to the first outdoor event that utilizes the approved off-site parking lot. If the agreement is terminated, events shall be discontinued until an alternate parking lot is approved for off-site parking by the Director of Community Development. (1) 2.9 The approved off-site parking lot 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. (***) 2.10 Outdoor events shall not be held during business hours of the businesses that utilize the approved off-site parking lot. (***) 2.11 The applicant and/or property owner shall provide evidence of a written contract for event shuttle services to the Director of Community Development a minimum of ten (10) calendar days prior to the first event that utilizes the shuttle service. The form and content of this agreement shall require approval by the Director of Community Development. (***) 2.12 A non -diesel shuttle van, with a maximum capacity of 12 passengers, shall provide continuous shuttle service to and from 310 S. Pasadena Avenue beginning no later than one hour prior to the event and ending once all guests and service providers have vacated the property at 310 S. Pasadena Avenue. For events with 100 guests or more, a minimum of two non -diesel shuttle vans, each with a maximum capacity of 12 passengers shall provide continuous shuttle service, unless approved otherwise by the Director of Community Development. Shuttle van drivers shall refrain from sounding horns and other noise making devices. Shuttle vans shall be ADA compliant and shall not idle for more than three (3) minutes. (***) 2.13 A minimum of one parking lot attendant or valet shall be present at the approved off-site parking lot beginning no later than one hour prior to the event and ending once all vehicles have vacated the approved off-site parking lot. Duties of the attendant or valet shall include directing guests to use the shuttle service rather than walking to the event site, limiting noise, discouraging loitering, and reporting any unusual activities to the applicant, property owner, and/or designated event coordinator. Exhibit A Resolution No. 13-74 CUP 2012-10 Page 6 (**") 2.14 All service providers for the events, such as caterers, equipment rental employees, photographers, musicians, florists, etc. shall park their vehicles on the property when making deliveries and retrieving items. All boxes, carts, and equipment shall be placed out of view from the public right of way. (**") 2.15 A minimum of one event attendant shall be stationed at the front of 310 S. Pasadena Avenue beginning one hour prior to the event and until all guests and service providers have vacated the premises. Duties of the event attendant shall include directing guests, monitoring on -street parking, limiting noise, discouraging loitering, and reporting any unusual activities to the applicant, property owner, and/or designated event coordinator. (***) 2.16 All events shall be by invitation only. Invitations addressed to event guests may not include the venue's address and shall include parking instructions to the off-site parking location and clearly state that parking for the event shall be prohibited on Pasadena Avenue, 2nd Street, Myrtle Avenue, and any other street, and that the hosts of the event may be fined for each violation of this requirement. **") 2.17 Shuttles providing transportation to and from the event site shall only park on-site or on the street directly in front of 310 S. Pasadena Avenue or on the street adjacent to the approved off-site parking lot. (***) 2.18 No refrigerated trucks or trucks with generators shall be allowed to park at 310 S. Pasadena Avenue during outdoor events. (1) 2.19 Any litter on-site or within the public right-of-way attributable to the outdoor event shall be removed within one hour of the conclusion of the event. The applicant and property owner shall assume full responsibility for clean-up of litter, refuse, and debris attributable to the event. (1) 2.20 No outdoor storage of event chairs, tables, canopies, or other event items shall be permitted, except as approved by the Director of Community Development. (1) 2.21 The existing garage shall be available for the parking of vehicles. Storage may occur in the garage only to the extent that such storage does not impede vehicle parking nor reduce the number or required minimum size of the required garage space, which is 20 feet by 20 feet. (1) 2.22 The outdoor event use shall remain ancillary to the single family residential use of the property. At such time the residential use is discontinued or no longer the primary use of the property, *eF� Exhibit A Resolution No. 13-74 CUP 2012-10 Page 7 the use permit shall be deemed null and void. *On the advice of the City Attorney that a CUP may only be tied to the land, text has been removed. (1) 2.23 The types of live entertainment permitted includes single performers, duos, disc jockeys, karaoke singers, the use of a piano, organ, keyboard, radio, record, tape, compact disc player juke box, television receiver, or similar device. Any change to the type of live entertainment other than authorized by this Conditional Use Permit shall be authorized by the Director of Community Development. (1) 2.24 The noise levels resulting from the outdoor events shall not violate the standards of the City of Tustin Noise Ordinance. (1) 2.25 No loitering, public drunkenness, informal gathering, or other activities by guests or service providers shall occur on the public right of way, at the approved off-site parking lot, or on any private residential property in the vicinity of 310 S. Pasadena Avenue or the approved off-site parking lot. (1) 2.26 All amplified sound and music shall cease by 10:00 p.m. on Friday and Saturday, and by 9:00 p.m. on Sunday through Thursday. (1) 2.27 Tables, chairs, tents, and other equipment associated with the event shall not be removed from the site between 11:00 p.m. and 10:00 a.m. on Friday and Saturday, and not between 10:00 p.m and 10:00 a.m. on Sunday through Thursday. (***) 2.28 The applicant and/or property owner shall notify the Tustin Police Department Watch Commander (by electronic mail) of the date and time of each outdoor event, and the phone number and email address of the designated event coordinator (if applicable) at least 72 hours prior to the event. (***) 2.29 The applicant, property owner, or designated event coordinator shall be present on-site during the entirety of each outdoor event, including set-up and clean-up. The applicant, property owner, or designated event coordinator shall be accessible by mobile telephone and e-mail during the event to address any issues or complaints from community members. The mobile telephone number and email address and a schedule of upcoming event dates and times shall be provided on the applicants' website at least thirty (30) days prior to the event. (***) 2.30 The service and consumption of alcoholic beverages on the premises during any outdoor event may occur only in accordance with all regulations and requirements of the State Department of Alcoholic Beverage Control. Exhibit A Resolution No. 13-74 CUP 2012-10 Page 8 (1) 2.31 Persons who appear obviously intoxicated prior to the event shall not be admitted into the premises for the duration of the outdoor event. (1) 2.32 Patrons who become obviously intoxicated during the event shall not be served any additional alcoholic beverages. (***) 2.33 All service providers, including caterers, musicians, photographers, and florists shall be selected from a list of approved service providers maintained by the applicant and/or property owner. (***) 2.34 Prior to the first outdoor event, the proposed restroom facilities shall be approved and inspected by the City of Tustin. (1) 2.35 There shall be no special events sponsored by or involving an outside promoter or any other person other than the applicant and/or property owner. The building may not be sublet to a separate business or promoter or person other than the applicant and/or property owner. (1) 2.36 All businesses that will be operating within the City of Tustin as a result of this conditional use permit, including event setup and clearing, shall be required to obtain a valid City of Tustin Business License and all required permits. (1) 2.37 A Certificate of Appropriateness shall be approved prior to the "issuance of permits for any exterior improvements requiring a building permit. (1) 2.38 Lighting shall not produce light, glare, or have a negative impact on adjacent properties. Details of all proposed lighting fixtures and a photometric study showing the location and anticipated pattern of light distribution of all proposed fixtures shall be provided at plan check. All new light fixtures shall be consistent with the architecture of the building and all exterior lighting shall be designed and arranged as not to direct light or glare onto adjacent properties, including the adjacent streets. Wall - mounted fixtures shall be directed at a 90 -degree angle directly toward the ground. (***) 2.39 Cooking and/or food preparation for outdoor events shall not occur inside any building on the property. (1) 2.40 Fire and Police access and passage shall be permitted at all times. All activities including parking and equipment shall not block parking areas, access, or passage for disabled persons or emergency response vehicles. Exhibit A Resolution No. 13-74 CUP 2012-10 Page 9 (1) 2.41 The proposed restroom addition shall be a minimum of 10 feet from the existing gazebo or it shall be attached to the existing gazebo. 2.42 Residential solid waste collection services shall be provided to the property. BUILDING DIVISION (1) 3.1 An Accessible Route of Travel continuous from the street to the accessible bathrooms is required for the use of persons with disabilities as required by California Building Code. These facilities located at private residences shall have accessible elements leading to the accessible bathrooms, including homeowner's front sidewalk, ramps, gates, etc. Chapter 11 B, Sections 1101136, 1102B, and 1133B. Directional and informational signs, gate access and hardscape walks are required. Sections 1117B.5, and 1133B. (***) 3.2 Based on the CUP request, the public is permitted only to the outdoor facilities and the rear bathrooms, and therefore not to residences, including family room(s) as these structures are not accessible to persons with disabilities. (1) 3.3 At the time of building permit application, the plans shall comply with the 2010 Edition State and the City of Tustin adopted codes: California Building Code, California Electrical Code, California Plumbing Code, City Ordinances, and State and Federal laws and regulations. FEES (1,5) 4.1 Prior to issuance of a City of Tustin Business License and/or commencement of an event, whichever occurs first, the applicant shall provide written approval from the Orange County Sanitation District (OCSD) with regards to fees for the proposed restroom and outdoor use to the City of Tustin. If necessary, the applicants shall upsize the sewer lateral. (1) 4.2 Prior to issuance of a City of Tustin Building Permit and/or commencement of an event, whichever occurs first, the applicant shall provide written approval from the Transportation Corridor Agency (TCA) with regards to fees for the proposed restroom and outdoor use to the City of Tustin. Exhibit A Resolution No. 13-74 CUP 2012-10 Page 10 (1) 4.3 Within forty-eight (48) hours of approval of the subject project, the applicant shall deliver to the Community Development Department, a cashier's check payable to the COUNTY CLERK in the amount of fifty dollars ($50.00) to enable the City to file the appropriate environmental documentation for the project. If within such forty-eight (48) hour period the applicant has not delivered to the Community Development Department the above -noted check, the statute of limitations for any interested party to challenge the environmental determination under the provisions of the California Environmental Quality Act could be significantly lengthened.