HomeMy WebLinkAboutRPT 1 P.C. ACT AGENDA 07-05-88 ACTION AGENDA
TUSTIN PLANNING coIqHISSIO#
REGULAR FLEETING
~UNE 27, 1988
REPORTS
NO. 1
7-5-88
CALL TO ORDER:
7:00 p.m., City Counct1 Chambers
PLEDGE OF ALLEGIANCE/INVOCATION
ROLL CALL:
PUBLIC CONCERNS'
Present: Puckett, Hell, Le ~eune, Ponttous
Absent: Baker
(Limited to 3 minutes per person for items not on the agenda)
IF YOU WISH TO SPEAK TO THE COMMISSION ON A SUBJECT, PLEASE FILL
OUT THE CARDS LOCATED ON THE SPEAKER'S TABLE. ALSO, PLEASE GIVE
YOUR FULL NAME AND ADDRESS FOR THE RECORD.
CONSENT CALENDAR:
(ALL MATTERS LISTED UNDER CONSENT CALENDAR ARE CONSIDERED
ROUTINE AND WILL BE ENACTED BY ONE MOTION. THERE WILL BE NO
SEPARATE DISCUSSION OF THESE ITEMS PRIOR TO THE TIME OF THE
VOTING ON THE MOTION UNLESS MEMBERS OF THE COMMISSION, STAFF OR
PUBLIC REQUEST SPECIFIC ITEMS TO BE DISCUSSED AND/OR REMOVED
FROM THE CONSCNT CALENDAR FOR SEPARATE ACTION.)
-.
1. Minutes of the June 13, 19.88 Planning Commission Meeting
Coemtsstoner Puckett moved, Ponttous seconded to approve the consent calendar.
i i
Motion carried 4-0.
PUBLIC HEARING
2. Tentative Parcel Map 88T. 206
APPLICANT'
OWNER'
LOCATION'
ZONING:
ENVIRONMENTAL
STATUS:
REQUEST:
SOLMAR DEVELOPMENT CO.
1201E. HUNTER AVENUE
SANTA ANA, CA 92705
MR. AND MRS. CHANG
CHAMPION FOODS
1302 INDUSTRIAL DRIVE
TUSTIN, CA 92680
1302 INDUSTRIAL DRIVE
TUSTIN, CA 92680
M-INDUSTRIAL
CATEGORICALLY EXEMPT (CLASS 15)
TO SUBDIVIDE ONE, 2.5 ACRE PARCEL INTO TWO SEPARATE LOTS.
Recommendation' It is recommended that the Planning Commission approve
Tentative Parcel Map 88-206 by the adoption of Resolution 2508
as submitted or revised.
Planning Commission Action Agenda'
June 27, 1988
Page two
Presentation' Laura Cay Pickup, Senior Planner
Commissioner Puckett moved, Ponttous seconded to recommend to City Council the
ap[~roval Of Tentative Parcel Hap 88-206 by ~he adoption of Resolution No. 2508.
Hot*ion carrted 4-0
NEll BUSINESS
3. Design Review No. 88-13
APPLICANT'
OWNER'
LOCATION'
ZONING'
ENVIRONMENTAL
STATUS'
REQUEST'
DADDY-O'S RESTAURANT
PAUL MARTINO
174 E. MAIN STREET
TUSTIN, CA 92680
JOHNSTOWN AMERICAN
23201 LAKE CENTER DRIVE
EL TORO, CA 92630
174 E. MAIN STREET
TUSTIN, CA 92680
C-2 CENTRAL COMMERCIAL
CATEGORICALLY EXEMPT CLASS 1
AUTHORIZATION TO INSTALL EXPOSED NEON TUBING ON AN EXISTING
RESTAURANT BUILDING LOCATED AT 174 E. MAIN STREET.
Recommendation: Deny Design Review 88-13 by Minute Order.
Presentation' Mary Ann Chamberlain, Associate Planner
Commissioner Le Jeune moved. Puckett seconded to continue the subject item to the
JUly 11. 1988 Planning Commission meeting. Motion carried 4-0..
.
Density Bonu. ses and Other Incentives
Recommendati on-
It is recommended that the Planning Commission discuss the
subject matter and determine an appropriate policy direction to
deal with all present and future requests for density bonuses or
other incentives for residential developments.
Presentation' Steve Rubin, Senior Planner
It was agreed that staff would further research the options available regarding
density bonuses and other incentives and return findings to the Co,mission at a later
date o
Planning Commission Action Agenda
June 27, 1988
Page three
Reorganization. of Planning Commission
Presentation' Laura Cay Pickup, Senior Planner
Re comme nda ti on'
Receive and file.
No Planning Comtsston necessary.
STAFF CONCERNS
.
City Council Action Agenda for June 20.,. 1988
Presentati on'
Christi ne Shi ngl eton, Di rector of Commu ni ty Development
COMMT SSZON CONCERNS
Commissioner #etl inquired about the Parks and Recreations Corot tree.
Commissioner Ponttous noted that there were some tables set up outside some of the
newer restaruants tn town and asked tf they could be provtded with a copy .of the
newly adopted Outdoor Otntng Guidelines, specifically the new yogurt shop in the
Courtyard shopptng center.
Commissioner Le Jeune noted his concern regarding umbrellas with advertisements
located at Roma O'Ztalla.
ADgOURmENT
At 7:48 p.m. C~tsstoner Le Jeune moved,. Puckett seconded to adjourn to a workshop
to discuss the sign program for the Tusttn Market Place on July 6, 1988 at 5:15 p.m.
in the Counct1 Chambers and then to the next regularly scheduled Planntng Commission
meeting at 7:00 p.m. on July 11, 1988.
AGENDA
TUSTZN PLANNZNG CO~SSTON
REGULAR #EETZNG
JUNE 27, 1988
CALL TO ORDER: 7:00 p.m., City Counct] Chambers
P LEDGE OF ALLEGZANCE/! NVOCAT!ON
ROLL CALL: Puckett, We1], Baker', Le Jeune, Pontious
PUI)L!C CONCERNS: (Limited to 3 minutes per person for ,items not on the agenda)
IF YOU WISH TO SPEAK TO THE COMMISSION ON A SUBJECT, PLEASE FILL
OUT THE CARDS LOCATED ON THE SPEAKER'S TABLE. ALSO, PLEASE GIVE
YOUR FULL NAME AND ADDRESS FOR THE RECORD.
CONSENT CALENDAR:
.
(ALL MATTERS LISTED UNDER CONSENT CALENDAR ARE CONSIDERED
ROUTINE AND WILL BE ENACTED BY 'ONE MOTION. THERE WILL BE' NO
SEPARATE DISCUSSION OF THESE ITEMS' PRIOR TO THE TIME OF THE
VOTING ON THE MOTION UNLESS MEMBERS OF THE.COMMISSION, STAFF OR
PUBLIC REQUEST SPECIFIC ITEMS TO BE DISCUSSED AND/OR REMOVED
FROM THE CONSENT CALENDAR FOR SEPARATE ACTION.)
Minutes of the J. une 13, 1988 Plannin~ Commission Meeti. n..~
PUBLIC HEARING
2. Tentative parcel Map 88-206
APPL I CANT:
OWNER:
LOCATION:
ZONING:
ENVIRONMENTAL
STATUS:
REQUEST:
SOLMAR DEVELOPMENT CO.
1201E. HUNTER AVENUE
SANTA ANA, CA 92705
MR. AND MRS. CHANG
CHAMPION FOODS
1302 INDUSTRIAL DRIVE
TUSTIN, CA 92680
1302 INDUSTRIAL DRIVE
TUSTIN, CA 92680
M-INDUSTRIAL
CATEGORICALLY EXEMPT (CLASS 15)
TO SUBDIVIDE ONE, 2.5 ACRE PARCEL INTO TWO SEPARATE LOTS.
Recommendation: It is recommended that the Planning Commission approve
Tentative Parcel Map 88-206 by the adoption of Resolution 2508
as submitted or revised.
Presentation: Laura Cay Pickup, Senior Planner
Planning Commission Agenda
June 27, 1988
- Page two
NEW BUSINESS
3. Design Revtew No. 88-13
APPLICANT'
0 WN ER:
LOCATION'
ZONING:
ENVIRONMENTAL
STATUS:
REQUEST:
DADDY-O'S RESTAURANT
PAUL MARTINO
174 E. MAIN STREET
TUSTIN, CA 92680
JOHNSTOWN AMERICAN
23201 LAKE CENTER DRIVE
EL TORO, CA 92630
174 E. MAIN STREET
TUSTIN, CA 92680
C-2 CENTRAL COMMERCIAL
CATEGORICALLY EXEMPT CLASS 1
AUTHORIZATION TO INSTALL EXPOSED NEON TUBING ON AN EXISTING
RESTAURANT BUILDING LOCATED AT 174 E. MAIN STREET.
Recommendation' Deny Design Review 88-13 by Minute Order·
Presentation' Mary Ann Chamberlain, Associate Planner
·
Denstt¥ Bonuses and Other Incentives
Recommendation-
It is recommended that the Planning Commission discuss the
subject matter and determine an appropriate policy direction to
deal with all present and future requests for density bonuses or
other incentives for residential developments.
Presentation: Steve Rubin, Senior Planner
·
Re, organization Ofl Planning Commission
Presentation: Laura Cay Pickup, Senior Planner
Recommendati on'
Receive and file.
STAFF CONCERNS
·
City Council Action Agenda ll. for June 20, 1988
Presentation-
Christi ne Shi ngl eton, Di rector of Commu ni ty Development
COIqNI SS ION CONCERNS
AD,IOURNMENT
Adjourn to next regular Planning Commission meeting at 7'00 p.m. on July 11, 1988.
HINUT[S
TUSTIM PLANNING COMMISSION
REGULAR MEETING
dUNE 13, 1988
CALL TO ORDER:
7:00 p.m.,.City Council Chambers
PLEDGE OF ALLEGIANCE/INVOCATION
ROLL CALL:
Present' Puckett, Wet1, Le Oeune, Pontious
Absent' Baker
PUBLIC CONCERNS: (Limited to 3 minutes per person for items not on the agenda)
IF YOU WISH TO SPEAK TO THE COMMISSION ON A SUBJECT, PLEASE FILL
OUT THE CARDS LOCATED ON THE SPEAKER'S TABLE. ALSO, PLEASE GIVE
YOUR FULL NAME AND ADDRESS FOR THE RECORD.
CONSENT CALENDAR'
(ALL MATTERS LISTED UNDER CONSENT CALENDAR ARE CONSIDERED
ROUTINE AND WILL BE ENACTED BY ONE MOTION. THERE WILL BE NO
SEPARATE DISCUSSION OF THESE ITEMS. PRIOR TO THE TIME OF THE
VOTING ON THE MOTION UNLESS MEMBERS OF THE COMMISSION, STAFF OR
PUBLIC REQUEST SPECIFIC ITEMS TO BE DISCUSSED AND/OR REMOVED
FROM THE CONSENT CALENDAR FOR SEPARATE ACTION.)
®
Minutes of the May 23, 19881.Planntng Commission Meeting
Con~ntssioner Le Jeune moved, Puckett seconded to approve .the consent calendar.
Motion carried 4-0. i
iml
PUBLIC HEARING
At 7'03 p.m Con~ntssioner Baker, arrived.
2. Use Permit 88-10
APPLICANT:
OWNER:
LOCATION:
ZONING:
ENVIRONMENTAL
STATUS:
REQUEST:
RICHARD MATICS
MATICS ISLAND MARKETS
500 S. BAY FRONT
NEWPORT BEACH, CA. 92662
BEDFORD PROPERTIES
3002 DOW AVENUE; SUITE 502
TUSTIN, CA 92680
3002 DOW AVENUE, UNIT 534
PC-IND - PLANNED COMMUNITY INDUSTRIAL
CATEGORICALLY EXEMPT, CLASS 1
1) AUTHORIZATION TO SELL BEER AND WINE FOR ON-SITE CONSUMPTION
IN CONJUNCTION WITH A RESTAURANT USE (LICENSE TYPE 41) AND
2) AUTHORIZATION FOR AN OUTDOOR SEATING AREA IN CONJUNCTION WITH
A COMMERCIAL USE (RESTAURANT).
Planntng Commission Minutes
June 13, 1988
Page two
Recommenda ti on
It is recommended, that the Planning Commission approve Use Permit
88-10 by the adoption of Resolution No. 2504.
Presentation' Laura Cay Pickup, Acting Senior Planner
The public hearing was opened at 7'08 p.m.
The public hearing was closed at 7-09 p.m.
Commissioner Baker noted that this was a perfect location.
Commissioner Weil asked if the applicant was agreeable to the hours imposed.
Staff indicated that the applicant had agreed to the hours of 8:00 a.m. to 5:00 p.m.
Commissioner Puckett moved, Baker seconded to approve Use Permit 88-10 by the
adoption'of Resolution No. 12504. Motion carried
5''OeI
3. Use Permtt 88-11
mi
APPLICANT'
9WNER'
LOCATION:
ZONING:
ENVIRONMENTAL
STATUS:
REQUEST:
DONCO AND SONS
P.O. BOX 2301
YORBA LINDA, CA 92686
BRUCE ENDERLE c/o UNION OIL
1432 N. MAIN STREET
ORANGE, CA 92667
17280 E. SEVENTEENTH STREET AT YORBA
PC-C: PLANNED COMMUNITY-COMMERCIAL
CATEGORICALLY EXEMPT CLASS 11
TO MAINTAIN TWO (2) 17.8
ADVERTI-SEMENT SIGNS.
SQUARE FOOT POLE MOUNTED PR I CE
Recommendation' It is recommended that the Planning Commission deny Use Permit
88-11 by the adoption of Resolution No. 2505.
Presentation' Laura Cay Pickup, Acting Senior Planner
Staff stated that the applicant had withdrawn their application and they are wi lli ng
to work with staff regarding signage.
The public hearing was opened at 7-11 p.m.
The public hearing was closed at 7'12 p.m.
Commissioner Le 'Jeune moved, Pontious .seconded to permanently table Use Permit
- 88-11. Motion carried 5-0.
Planning Commission Minute=
June 13,- 1988
Page three
4. Var1 ance 88-05
APPLICANT'
LOCATION'
ZONING:
ENVIRONMENTAL
STATUS'
REQUEST-
BURNETT-EHLINE
2050 S. SANTA CRUZ
ANAHEIM, CA. 92805
13011 - 13051 NEWPORT AVENUE THE NORTHWEST CORNER OF NEWPORT
AVENUE AND IRVINE BOULEVARD
C-2 (CENTRAL COMMERCIAL) DISTRICT
A NEGATIVE DECLARATION WILL BE FILED FOR THIS PROJECT IN
CONFORMANCE WITH THE CALIFORNIA ENVIRONMENTAL QUALITY ACT
A REQUEST BY BURNETT-EHLINE DEVELOPMENT COMPANY TO ALLOW THE
PLAZA LA FAYETTE PROJECT (A MIXED USE COMMERCIAL DEVELOPMENT) TO
HAVE 60 PARKING SPACES LESS THAN WOULD BE REQUIRED, TO
ACCOMMODATE PROPOSED RESTAURANT USES WITHIN THE PROJECT.
Recommendation It is recommended that the Planning Commission adopt Resolution No.
2502 approving Variance 88-05 with conditions, as submitted or
revised.
Presentation' Christine Shingleton, Director of Community Development
Commissioner Puckett noted that the existing buildtng is a confectionary food
building and asked i f there are any large restaurants interested i n this location.
The Director indicated that the develope~ was currently' under negotiation wi th a
number of potential operators. She also pointed out that the City was willing to
accept a 6,500 square foot restaurant building and a 3,000 square foot- confectionary
food bui 1 di rig.
Commissioner Baker asked how many restaurant seats would be made available. He also
ques(ioned the number of seats in the Gyro King restaurant.
The Director indicated that there would be 273 restaurant seats proposed between the
proposed 6,700 square foot restaurant and confectionary building in addition to the
Gyro King restaurant which has 64 seats.
Commissioner Pontious asked where the entrance of the restaurant would be in
relationship to the center.
The Director indicated that the entrance would be on the north end of the building to
attempt to create a courtyard atmosphere between the restaurant and the confectionary
bui 1 ding.
Commissioner Baker ask'ed for clarification of the boundaries.
The Director described the boundaries of the site and potential sites for parking
expansion.
Commi'ssioner Puckett asked how the restaurants 273 seats would compare to any other
restaurant in the City in regard to size.
Planning commission Minute.
-June 13, 1988
Page four
The Director noted that it is bigger than anything in the City at this time. There
could be between 223 and 229 seats in the 6,700 square foot restaurant.
The public hearing was opened at 7'29 p.m.
An unidentified gentleman in the audience, representing the developer indicated that
he would be happy to answer any questions the Commission may have.
The public hearing was closed at 7'31 p.m.
Commissioner Le Jeune indicated that he saw no problem with the additional parking
_
req~i rements.
Commissioner Pontious indlcated that she would like to see two entrances, one on the
Western ~ide' to encourage parking in that area. Commissioner Wei, ll, agreed.
Commissioner Puckett noted that he was in favor of approving the parking variance to
help La Fayette PlaZa move toward completion.
Commissioner Well asked staff why a four year window was included to monitor the
p~rking situ~'tion.
The Director noted that a four year period was something had been consistently
applied in other similar parking situations in the City.
Commissioner Well commended the Director for working with the applicant to arrive at
this ~age.
The Director suggested the following changes:
·
1. On the "Additional Discussion of Environmental Evaluation", page 1, paragraph
2, line 2 the number should be changed to "243".
Resolution No. 2502, Exhibit A, page 1 renumber item number "5" to number "6"
and add the following: "5. Developer shall be encouraged to provide a second
entrance to the proposed 6,807 square foot restaruant on the west side of the
proposed bui 1 ding."
Commissioner Le Jeune moved, Puckett seconded to approve Variance 88-05 by the
adoption of Resolution No. 2502 as revised. Motion carried 5-0.
5. Variance 88-06
APPLICANT'
OWNER'
LOCATION'
ENV I RONMENTAL
STATUS'
MR. & MRS. LIANE LEE (GOLDEN CHINA RESTAURANT)
1046 WALNUT AVENUE
TUSTIN, CALIFORNIA 92680
MR. ROY CHIKASAWA
P.O. BOX 3297
CAMARILLO, CALIFORNIA 93011
1046 WALNUT, AT SOUTHEAST CORNER OF WALNUT AVENUE AND NEWPORT
CATEGORICALLY EXEMPT (CLASS 1) FROM THE CALIFORNIA ENVIRONMENTAL
QUALITY ACT.
Planning Commi ssion Mi nute=
June 13, 1988
Page fi ve
REQUEST'
APPROVAL OF AN EXPANSION OF THE EXISTING GOLDEN CHINA RESTAURANT IN A
MULTI-TENANT SHOPPING CENTER, RESULTING IN A CEKTER-WIDE DEFICIT OF 56
PARKING SPACES.
RECOMMENDATION Adopt Resolution No. 2507, approving Variance 88-06, subject to
the conditions contained therein.
Presentation- Christine Shingleton, Director of Community Development
Commissioner Puckett asked if parking becomes a problem, where could the applicant
park vehicles?
The Director indicated that the problem in the lot would likely in concentrated
parking congestion rather than lack or availability of parking spaces which were
distributed throughout the property. There were speces in front of the market that
would be avai 1 able.
Commissioner Puckett noted that the Golden China restaruant is in the middle of the
center.
Commissioner Pontious indicated that there is parking on the northeast side of the
center that is Seldom used.
Commissioner Puckett indicated that he did not feel that this would be a problem.
The public hearing was opened at 7:40 p.m.
-.
Robert Balen of~LSA, representing the Mr. and Mrs. Lee, the owners, noted that he
agreed with the staff report. He felt that staff did an excellent job in working
with the applicant and offered to answer any questions the Commission or staff might
have.
The public hearing was closed at 7:42 p.m.
Commissioner Baker questioned the valet comment in Resolution No. 2507, and asked
what criteria the City would use to implement the valet parking.
The Director indicated that the City would reserve the right to make a determination
by the City Engineer or the Community Development Director, that the situation would
be checked in the field.
Commissioner Baker asked if that clause needed to be added into the Resolution.
The Director noted that she didn't envision any problems.
Commissioner Baker moved, Pontious seconded to approve Variance 88-06 by the adoption
Of'ReSolutiOn No. 2507 as submitted. Motibn carried 5-0.
NEW BUSINESS
OLD BUSINESS
6. Outdoor Seati.ln0 Guidelines
Planning CommiSsion Minutes
June 13, 1988
Page si x
Commissioner Well noted that staff did a great job in submitting a complete set of
guidelines. She indicated that she agreed with the clearly defined patio, but felt
that total enclosure was unnecessary. She felt that access through the restaurant
was good but did not feel that it should be the only access. Possibly the use of
self-latching gates with the provision that the gates are visible from the
restaurant would be feasible.
Commissioner Le Jeune noted his continued concern that umbrellas be kept consistent.
Commissioner Baker indicated that he agreed and prefers to maintain control over the
outdoor seating a~eas and alcohol served in these areas.
Staff indicated that if the City does not require the fencing, that ABC will require
it.
Commissioner Well indicated that she had a problem with ABC allowing beach cities to
have alcoholic beverages in a public area, but not allowing it in Tustin.
The Director noted that the Market Place project is bigger than anything else the
City has approved. Staff wants to provide the applicants with as much flexibil.ity as
possible using the guidelines set by ABC. She suggested the following changes:
In Resolution No. 2490 page one, I. A. 1. a. and b. should be replaced with'
"a) the patio area shall be clearly/physically defined. It must be
clearly a part of the restaurant it serves;
b) be accessible preferrably through the inside of the restaurant;
and"
Page two, 4. b., line 1 should read "all structural elements, umbrellas,
II
furniture, awnings,
Page three C., eliminate item 1. renumber the remainder of item C.
Page four, item 4. should read "The dining area shall be physically related to
the building that the restaurant is in, ensuring that the entrance to the
dining area is preferrably through the restaurant."
Commissioner Le Jeune and Well agreed that we want to provide future applicants wi th
i i ii
flexibility.
Commissioner Baker noted again that these are just guidelines.
Commissioner Puckett asked how many restaurants with outdoor seating, operating in
the City, are currently affected.
The Director noted that these guidelines are applicable only in new uses or old uses
that are being altered.
Commissioner Pontious moved, Puckett seconded to approve Outdoor Seating Guidelines
by adoption ~f Resolution No. 2490 a'ls revised. Motion carried 5-0.
7. Standard Tract Map ConUitions for CC&R's
Presentation- Christine Shingleton, Director of Community Development
'Planning Commission Minutes -
June 13, 1988
Page seven
Commissioner Le Jeune moved, Baker seconded to approve the addition of recommended
language to Standard conditio6's for CC&RI'ms. Motion carri, e~ 5-0.
e
Abandoned Ri ght,of-Wa¥ - Peppertree. Subdi vi si on
Presentation- Christine Shingleton, Director of Community Development
Commissioner Puckett moved, Pontious seconded to continue discussion of the abandoned
right-of-way until i~'he July 11, 1988 'Planning Commission meeting. Motion carried
5-0.
STAFF CONCERNS
9. Report on Council Actions - June 6, 1988
Presentation' Christine Shingleton, Director of Community Development
Commissioner Well commended staff on a job well done on the Cultural Resources
Di stri ct.
No Commission action necessary.
COMMISSION CONCERNS
Commissioner Pontious noted that the Community section of the L. A. Times still had
meeting start tlimes as 7-30 p.m.
Commissioner Baker congratulated staff on the Chili Cook-off Booth decoration prize.
He also asked when the graphics package was due for the Market Place.
The Director noted that it would tentatively be on the July 11, 1988 Planning
Commission agenda and that there would be a workshop prior to that meeting.
Commissioner Baker and Pontious both indicated that they would be absent the week of
July 27th.
Commissioner Le Jeune recognized staff on the handling of the Cultural Resources
Ordinance, that staff has built a great rapport and reestablished trust with the Old
Town neighborhood and that he has noted there is a more positive atmosphere in Old
Town.
Commissioner Puckett noted that Thursday was Grad Night. He asked that staff send a
note to Tom Auftenburg and Joyce Hanson for receiving the Tustin Chamber of Commerce
Man and Woman of the Year Awards.
commissioner Well asked about the South County Planning Commissioner's meetings. She
also asked about a seminar on developers fees.
The Director noted that the meeting is being rescheduled and that staff is monitoring
developer fees very closely, that the City must have an accounting system to monitor.
the developer fees.
Planning Commi-ssion Minute.
June 13, 1988
Page eight
ADdOURI~qENT
At 8:25 p.m Commissioner Le Jeune moved, Baker seconded to adjourn to the next
regular meeting of the Tustin Plan6ing Commission on June 27, 1988 at 7-00 p.m.
Motion carried 5-0.
·
At 8'26 p.m. Chairman Well reconvened the Commission.
i
Con~nisstoner Puckett moved, Pontious seconded, to certify the Negative Declaration as
a'dequate for Variance 88-05 by the adoption of Resolution No. 2506. Motion carried
5-0.
Commissioner Le Jeune moved, Pontious seconded to adjourn at 8-30 p.m.
carried 5-0~
Motion
Kathy Wei 1
Chat rma n
Penni Foley
Secretary
Item No. 2 _
Planning Commission
DATE:
SUB,]E CT:
APPLICANT
OWNER:
LOCAT ! ON:
ZONING:
ENV I ROI~IENTAL
STATUS:
REQUEST:
,1UNE 27, 1988
TENTAT]:VE PARCEL PIAP 88-206
SOI.lqAR DEVELOPMENT CO.
1201 E. HUNTER AVENUE
SANTA ANA, CA 92705
HR. AND HRS. CHANG
CHAHP ]:ON FOODS
1302 ]:NDUSTRTAL DRIVE
TUST]:N, CA 92680
1302 ZNDUSTR]:AL DRIVE
TUST]:N, CA 92680
H-INDUSTR]:AL
CATEGOR]:CALLY EXElqPT (CLASS 15)
TO SUBDIV]:DE ONE, 2.5 ACRE PARCEL ]:NTO TWO SEPARATE LOTS.
RECOII4ENDATION
It is recommended' that the Planning Commission-approve Tentative Parcel Map
88-206 by the adoption of Resolution 2508 as submitted or revised.
SUI~ARY
Solmar Development Company is intending to construct a new industrial buildingl
on a vacant piece of property located on Industrial Drive between Woodlawn and
Red Hill Avenue. The site is currently part of a larger 2.5 acre lot owned by
Champion Foods. Prior to the sale of the property to Solmar Development, the
property must be subdivided into two separate parcels by the processing and
approval of a Parcel Map as required by State law and the Tustin Municipal Code.
, Community Development Department
Planning Commission Report
Tentative Parcel Hap 88-206
June 27, 1988
Page two
ANAYLSIS
Staff has reviewed this application for conformance with State .Law and City
requirements. The issues related to this map include: Zoning conformance, site
accessibility and the proposed development project.
Zonin~ll. Conformance' Prior to a subdivision of property in Tustin, staff
reviews each proposal for conformance wi th the current Zoning Code.
Specifically, the subdivision must create lots which meet the minimum size
and width requirements of the applicable Zoning District. The requirements
of the M-1 District as compared with the proposed subdivision are as
follows:
Re.qu i rement
Min. L°t Size' 20,000 sq. ft.
Min. Lot Width- 100 feet
Parcel 1 Parcel 2
78,190 sq. ft. 30,666 sq. ft.
186 feet 140 feet
2. Site Accessibility' Prior to approval of this Map, staff must consider the
existing ii development on Parcel 1. This site currently contains an
industrial building with three access drives. One of these drives must be
modified to accommodate this subdivision. The necessary conditions of
approval for this modification are incorporated into the resolution
attached to this report. With the suggested conditions in the resolution,
the drive will be moved further west in order to maintain the current
accessibility to Parcel 1 or recordation of a reciprocal access agreement
will be necessary. Any future development proposal would be subject to the
City's site plan design review process.
3. Development Proposal: Solmar Development Company intends to develop Parcel
2' )n the near ~uture, however, the site design and architecture have yet to
be finalized. For the purposes of this Parcel Map, all proposed site
improvements are not shown on the Map. This avoids any future conflict
between this Map and the final site plan approved by the Community
Development Di rector.
CONCLUSION
Staff has reviewed the proposed Tentative Map for conformance with the Tustin
, Community Development Department
Planntng Comm-t ssi on Report
Tentative Parcel Hap 88-206
~une 27, :tg88
Page three
General Plan, Zontng Code and Subdtvtslon Hap Act. Staff recommends that, with
the ftndtngs and condlttons of approval contained tn the attached resolution,
the Planntng Commission adopt Resolutlon No. 2508 recommending approval of
Tentative Parcel taap 88-206 to the Clty Counctl.
Development
L CP: CAS: ts
Attachments: Resolution 2508
Tentative Map 88-206
Corn munity DeveloPmen~ Deparirnen~
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RESOLUTION NO. 2508
A RESOLUTION OF THE PLANNING COMMISSION' OF THE CITY
OF TUSTIN, RECOMMENDING APPROVAL OF TENTATIVE PARCEL
MAP 88-206 LOCATED AT 1302 INDUSTRIAL DRIVE, TUSTIN.
The Planning Commission of the City of Tusttn does hereby resolve as
follows:
I. The Planning Commission finds and determines as follows:
A. That Tentative Parcel Map No. 88-206 was submitted to the
Planning Commission pursuant to Ordinance No. 847 by Solmar
Development Company requesting authorization to resubdi vi de one
parcel into two (2) parcels for Parcel 31 as recorded in Book
35, Page 50 in the office of the County Recorder of Orange
County.
B. That a public hearing was duly called, noticed and held for said
map on June 27, 1988.
C. This .project is Categorically Exempt, Class 15 from m the
requirements of the California Environmental Quality Act for the
subject project area.
D. That the proposed subdivision is in conformance with the Tustin
Area General Plan, Tustin Zoning Code and Subdivision Map Act.
E. That the site is physically suitable for the type of development
proposed.
F. That the site is physically suitable for the proposed density of
development.
G. That the design of the subdivision or the proposed improvements
are not likely to cause substantial environmental damage or
substantially and avoidably injure fish or wildlife in their
habitat.
H. That the design of the subdivision or the type of improvements
proposed will not conflict wi th easements acquired by the
public-at-large, for access through or use of the property
within the proposed subdivision.
I. Tha.t the design of the subdivision or the types of improvements
proposed are not likely to cause serious public health problems.
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Resolution No. 2508
Page two
II. The Planntng Commission hereby recommends to the City Council
approval of Tentative Parcel Map No. 88-206 subject to the conditions
attached hereto as Exhibit A.
PASSED AND ADOPTED at a regular meeting of the Tustin Plannings, Commission,
held on the day of , 1988.
Kathy Wel l,
Chairman
Penni Foley, ...........
Secretary
Exhibit A
to Resolution No. Z508
CONDITIONS OF APPROVAL FOR
TENTATZYE PARCEL HAP 88-Z06
PUBLIC/PRIVATE INFRASTRUCTURE IIqPROVEIqENTS
(l) 1.1 Any damage done to exlsting street improvements and utilities shall be
(6) repaired before acceptance of the Tract and/or issuance, of a Certificate of
Occupancy for development on any parcel within the subdivision.
(1) 1.2 Prior to any work in the public right-of-way, an Excavation Permit must be
(6) obtained (and applicable fees paid) from the Public Works Department.
(1) 1.3 All construction within a public right-of-way and or public easement must be
(6) shown on a separate 24" X 36" plan with all construction referenced to
applicable City and County drawing numbers.
(1) 1.4 All changes in existing curbs, gutters, sidewalks and other public
(6) improvements shall be the responsibility of subdivider.
(1) 1.5 Applicant shall post all required subdivision bonds and agreements prior to
(6) Final Map.
(1) 1.6 This property (Parcels I of 2) shall be annexed to the Lighting and Landscape
Maintenance District. The property owner shall file a letter stating that
they will not protest this annexation.
GRADING/DRAINAGE -
ii
(1) 2.1 Prior to issuance of grading permits:
(2)
(6)
A. A detailed soil engineering report shall be submitted to and approved by
the Building Official conforming to the requirements of the Uniform
Building Code, City grading requirements, and all other applicable state
and local laws, regulations and requirements.
ii i m ii i i i mi I imlll i ii i mil
SOURCE CODES
(1) STANDARD CONDITION
(2) EIR MITIGATION
(3) UNIFORI4 BIJ ILDING CODES
(4) DESIGM REV IEld
*** EXCEPTIOM'
--
(5) SPECIFIC PLAN
(6) RESPONSIBLE AGENCY REQUIREMENT
(7) LANDSCAPING GUIDELINES
(8) PC/CC POLICY
(9) OlllER MUNICIPAL CODE REQUIREMENT
~olutlon No. 2508
ibtt A
~ge ~o
(1) 2.2 B.
(2)
(3)
Preparation and submittal of a grading plan for Parcel 2 subject to
approval of the Department of Community Development delineating the
following information:
1. Methods of drainage in accordance with all applicable City
standards.
2. A note shall be placed on the grading plan requiring Community
Development Department approval of rough grading prior to final
clearance of foundations. The Department will inspect the site for
accuracy of elevations, slope gradients, etc. and may require
certification of any grading related matter.
3. Final street elevations at key locations.
.
Final pad/finished floor elevations and key elevations for all site
grading.
5. All flood hazards of record.
Ce
Preparation of a sedimentation and erosion control plan for all
construction work related to the subject Tract including a method of
control to prevent dust and windblown earth problems.
(1) D.
(6)
Submittal of a construction traffic routing plan to be reviewed and
approved by the Director of Public Works.
(1)
E. Written approval must be obtained from adjacent property owners for
rights-of-entry for construction activity across lot lines.
(1) 2.2 Preparation of a sedimentation and erosion control plan for all construction
(2) work related to the subject parcel including a method of control to prevent
dust and windblown earth problems.
2.3 A precise grading permit shall be issued prior to issuance of any building
permits on Parcel No. 2.
2.4 All earthwork shall be performed in accordance wi th the City of Tustin
Municipal Codes and grading requirements.
FIRE DEPARTNENT
' 3.1 The subdivider shall comply with all requirements of the Orange County Fire
Marshal, including required fire flow, installation where required of fire
hydrants subject to approval as to location by the Fire Department, City of
Tustin Public Works Department and Irvine Ranch Water District, and compliance
with all requirements pertaining to construction.
~olu'tton No. 2508
~xhtbtt A
Page three
(1) 3.2 Prior to issuance of building permits for combustible construction,
(6) evidence that adequate water supply and operational fire hydrants are
(2) available for fire protection shall be submitted and approved by the Orange
County Fire Marshal. The subdivider shall also submit water improvement plans
for approval of Fire Marshal.
NOISE
4.1 All construction operations including engine warm up shall be subject to the
provisions of the City of Tustin Noise Ordinance and shall take place only
during the hours of 7:00 a.m. until 6:00 p.m., Monday through Friday unless
the Building Official determines that said activity will be in substantial
conformance with the Noise Ordinance and the public health and safety will not
be impaired subject to application being made at the time the permit for the
work is awarded or during progress of the work.
FEES
5.1 Prior to issuance of any building permits, payment shall be made of all
required fees including:
A. Major thoroughfare and bridge fees to Tustin Public Works Department.
B. Sanitary sewer connection fee to Orange County Sanitation District No. 7.
C. East Orange County Water District fees.
D. Grading planchecks and permit fees to the Community Development
Department.
E. All applicable Building plancheck and permit 'fees to the Community
Development Department.
F. New development fees to the Community Development Department.
G. School facilities fee to the Tusttn Unified School District.
H. Transportation Improvement Fees for Specific Plan No. 7.
GENERAL
~ 6.! Within twenty four months from Tentative Parcel Map approval, the subdivider
shall file with appropriate agencies, a Final Map prepared in accordance with
subdivision requirements of the Tustin Municipal Code, the State Subdivision
Map Act, and applicable conditions contained herein.
'olution No. 2508
,ibtt A
Page' four
(2) 6.2 Prior to Final Map approval:
A. Subdivider shall submit a current title report.
Be
Subdivider shall conform to all applicable provisions of the City Code.
All requirements of the State Subdivision Map Act, the City's Subdivision
Ordinance and Zoning Ordinance shall be satisfied.
Ce
Subdivider shall submit a duplicate mylar of the Final Map, or 8 1/2 inch
by 11 inch transparency of each map sheet prior to final map approval and
"as built" grading, landscape and improvement plans prior to certificate
of acceptance.
D. Show on the Final Map all easements of record.
The easterly drive on Industrial Drive shall be moved to be completely
contained on Parcel i and shall be designed to be a minimum of 27 feet in
width. Otherwise a reciprocal access agreement has to be filed on
Parcels 1 and 2 subject to review and approval of City Attorney and
Community Development Department.
. eport to the
Planning Commission
Item No. 3
DATE'.
SUB&E CT:
APPLICANT:
OWNER:
LOCATION:
ZONING:
ENV I RONHENTAL
STATUS:
REQUEST-
·
&UNE 27, 1988
DESIGN REVIEW NO. 88-13
DADDY-O'S RESTAURANT
PAUL HARTINO
174 E. HAIN STREET
TUSTIN, CA 92680
,IOHNSTOIOI AHERICAN
23201 LAKE CENTER DRIVE
EL TORO, CA 92630
174 E. RAIN STREET
TUSTIN, CA 92680
C-2 CENTRAL COMHERCIAL
CATEGORICALLY EXEHPT CLASS 1
AUTHORIZATION TO INSTALL EXPOSED NEON TUBING ON AN EXISTING
RESTAURANT BUILDING LOCATED AT 174 E. HAIN STREET.
RECOI414ENDATION:
Deny Design Revtew 88-13 by Minute Order.
SLI~ARY:
The applicant, Mr. Marttno, recently redecorated the for~r La Spada Restaurant
into Daddy-O's Restaurant. The restaurant is a free-standing building with an
adjacent parking lot at 174 E. Main Street. The style of the interior and
exterior modifications reflect a 1950's art deco concept.
BACKGROUND AND ANALYSXS:
mill i iiiii i ·
The original design revt~ for Daddy-O's was a request for an internally
illuminated awning which included a front sign. This proposed awning encroached
into the public right-of-way which ~ant that the City would have had to enter
into an "Hold Harmless Agreement" with the property owner before an encroachment
permit could be issued for the awning. Due to the complexity of the permits
i nvol red, the restaurant owner decided to apply for an i nterna 1 ly
Community Development Department
PlannJng Commission Report
Design Review No. 88-13
June 27, 1988
Pa ge two
illuminated sign without the awning. At that time, staff informed the applicant
that any form of exposed neon would require Planning Commission approval.
Because the applicant was anxious to have the sign installed for the grand
opening, staff worked witl~ the applicant to bring the style and design of the
sign into conformance with both the old town area and the 1950's art deco
concept. (Please see the attached picture of the existing sign.)
Now that the sign is installed and Daddy-O's has had their grand opening, the
applicant has reconsidered and is requesting authorization to remove the plastic
covers in order to expose the neon of the signs. The applicant believes this
would be more in keeping with the lgSO's theme of the restaurant.
Staff is recommending that the exposed neon be denied for' the following reasons:
.
The Planning Commission has never approved any exterior mounted, exposed
neon signs in the old town area and thus would be setting a new precident.
.
The E1 Camtno Real Specific Plan states that signs shall be of uniform
size, color and style while being compatible with and complimentary to the
village identification.
3. The existing sign, although modern.in design, has a cleaner look than neon
and would not be as bright.
..
COIICLUSXOll:
Staff contends that the overall design of the buildtng wtth the use of neon
would not be tn keeptng wtth the old town area and, therefore, recommends denial
of the use of the exposed neon tubtng as requested.
Ma r~ Ann ~amber 1 at n'
Associatev P1 anner
MAC:CAS-ts
attachments
Chr s ig !~o_n _
Director of Community Development
Community Development Department
TO:
FROM'
SUBJECT:
PLANNZNG COHHZSSTON
COI~NTTY DEVELOPMENT DEPARTHENT
DENSZTY BONUSES AND OTHER ZNCENTZYES
Item No. 4
RECOgRENDATZON
It is recommended that the Planning Commission discuss the subject matter and
determine an appropriate policy direction to deal with all present and future
requests for density bonuses or other incentives for residential developments.
BACKGROUND
Section 65915 (a) of the State Planning Law provides that when a developer agrees
to construct 25% of the total number of units of a housing development for persons
of low or .moderate income (90% - 120% of the County median income level [$44,000+]
for Orange County), a city shall either (1) grant a density bonus or (2) provid-e
other incentives of equivalent financial value. A copy of Chapter 4.3 of the State
Planning Law (including Section 65915 through 65918) has been attached for the
Commission's use and information. Chapter 4.3 discusses all aspects of density
bonuses, et al as they pertain to apartments and condominiums.
DISCUSSION
Staff has become aware of a pending proposal from a developer to construct an
apartment project in the City for which he intends to request a 25~ density bonus,
with 25% of the normally allowed units being set aside for low or moderate income
residents pursuant to State law.
At this time, staff believes that it is appropriate to inform the Commission of
this pending proposal for a density bonus, and that the City needs to establish
standard procedures to deal with such requests.
Because the City has never dealt with density bonuses other than for senior citizen
housing projects {which are treated differently than apartment projects), staff is
requesting that the Commission provide staff with direction as to whether the City
should opt to allow the bonus units, or provide other incentives of equivalent
financial value instead. One issue which should be considered in establishing such
a policy direction would be whether the project is able to meet setback, lot
coverage, parking and open space standards wi th the bonus units, or whether the
bonus units would mandate applying for a variance to one or more of those standards
{as a rule, staff thinks that bonus units should not mandate a variance to code
standards).
Planning Commfsston Report
June 27, 1988
Density Bonuses
Page t~o
If other incentives are granted instead of the bonus units, a developer would still
be requlred to set aside 25% of the allowed units for low or moderate income
residents. Incentives could tnclude but not be ltmlted to: reducing or waiving
permit fees, redu'~Ing or waiving planning application fees, subsidizing or
installing certain'public improvements or a combination of these things. The size
of the project (i.e,, number of units, etc.) could very possibly affect the ability
to provtde an adequate number or amount of incentives that would be of equivalent
financial value.
State law requires that the City establish procedures to deal with this issue.
Such procedures would require the approval of the Planning Commission as well as
the City Council. The City must establish procedures which will deal With such
proposals on a consistent basis, although this does not mean that they can not be
considered on a case by case basis, so long as there are set criteria that are used
in each evaluation.
Staff believes that the design review process can be used to perform the necessary
evaluation, taktng tnto consideration a project's ability to meet code standards,
its compatibility with surrounding development (i.e. scale, mass, design), as well
as the City' s abi It ty to provi de adequate alternative i ncentlves.
Senior Planner
SR'pef
Attachment'
Christine Shingleton (/
Director of Community Development
Chapter 4.3, State Planning Law
Corn munity De~eloPrnent Department
Chapter4.3. Density Bonuses and Other
. Incentives
HOusi~ ~v~l~nt
for low- or ~derate-
inom~ bouae~l~
65915. (a) When a developer of housing agrees
to construct at least (1) 25 percent of the total
units of a housing development for persons and
families of low or moderate inccme, as defined in
Section 50093 of the Health and Safety Code, or
(2) 10 percent of the total units of a housing
development for lower-income households, as
defined in Section 50079.5 of the Health and
Safety Code, or (3) 50 percent of the total
dwelling units of a housing development for
qualifying residents, as defined in Section 51.2
of the Civil Code, a city, county, or city and
county shall either (1) grant a density bonus or
(2) provide other incentives of equivalent
f i nancial value.
(b) A developer may submit to a city, county,
or city and county a preliminary proposal for.the
development of housing pursuant to this section
prior to the submittal of any formal requests for
general plan amendments, zoning amendments, or
subdivision map approvals. The city, county, or
city and county shall_, within 90 days of receipt
of a written, proposal, notify the housing
developer in writing of the manner in which it
will comply with this section. The city, county,
or city and county shall establish procedures for
carrying out this section, which shall include
legislative body approval of the means of
ccmpl iance with this section.
(c) For the purposes of this chapter, "density
bonus" means a density increase of at least
25 percent over the otherwise maximun allowable
'residential density under the applicable zoning
ordinance and land use element of the general
plan. ~he density bonus shall not be included
when determining the number of housing units
which is equal to 10 or 25 percent of the total.
The density bonus shall apply to housing
developments consisting of five or more dwelling
units.
(d) If a developer agrees to construct both
25 percent of the total units for persons and
families of low or moderate inccme and 10 percent
of the total units for lower-inccme households,
the developer is entitled to only one density
bonus under this section although the city, city
and county, or county may, at its discretion,
grant more than one density bonus.
(Amended by Stats. 1984, Ch. 1333. No
repeal er. )
131
Conck) (x3~ersion;
provision for loc-
or =cderate-iname
f~milies
65915.5. (a) ~hen an applicant for apprOVal to
convert apartments to a condominium project
agrees to provide at least 33 percent of the
total units of the proposed condcminiu~ project
to persons and families of low or moderate income
as defined in Section 50093 of the Health and
Safety Gode, or 15 percent of the total units of
the proposed condcminiu~ project to lower inccme
households as defined in Section 50079.5 of the
Health and Safety Gode, and agrees to pay for the
reasonably necessary administrative costs
incurred by a city, county, or city and county
pursuant to this section, the city, county, or
city and county shall either (1) grant a density
bonus or (2) provide other incentives of
equivalent financial value. A city, county, or
city and county may place such reasonable
conditions on the grantin~ of a density bonus or
other incentives of equivalent financial value as
it finds appropriate, including, but not limited
to, conditions which assure continued
affordabil ity of units to subsequent purchasers
who are persons and families of low and moderate
inccme or lower income households..
(b) For purposes of this section, "density
bonus' means an increase in units of 25 percent
over the number of apartments, to be provided
within the existing structure or structures
proposed for conversion.
(c) For purposes of this section,-"other
incentives of equivalent financial value" shall
not be construed to require a city, county, or
city and county to provide cash transfer payments
or other monetary compensation but may include
the reduction or ~iver of requirements which the
city, county, or city and county might otherwise
apply as conditions of conversion approval.
(d) An applicant for approval to convert
apartments to a condcminiun project may submit to
a city, county, or city and county a preliminary
proposal pursuant to this section prior to the
submittal of any formal requests for subdivision
map approvals. The city, county, or city and
county shall, wi thin 90 days of receipt of a
written proposal, notify the applicant in writing
of the manner in which it will ccmply with this
section. The city, county, or city and county
shall establish procedures for carrying out this
section, which shall include legislative body
approval of the means of compliance with this
section.
(e) Nothing in this section shall be construed
to require a city, county, or city and county to
132
Charter cities
approve a proposal to convert apartments to ..
conda~ini~.n~.
(f) An applicant shall be ineligible for a
density bor~us or other incentives under this
section if the apartments proposed for conversion
constitute a housing development for which a
density bonus or other incentives ~ere provided
·
under Section 65915.
(Added by St ars. 1983, Ch. 6 34. )
65916. Where there is a direct financial
contribution to a housir~ develolmment pursuant to
Section 65915 through participation in cost of
infrastructure, write-down of land costs, or
subsidizing the oost of construction, the city,
county, or city and county shall assure continued
availability for low- and moderate-income units
for 30 years. When appropriate, the agreement
provided for in Section 65915 shall specify the
mechanisms and procedures necessary to carry out
this section.
(Added by Stats. 1979, Ch. 1207. Effective
October 2, 1979. )
65917. In enacting this chapter it is the
intent of the Legislature that the density bonus
or other incentives offered by the city, county,
or city and county pursuant to this chapter shall
contribute significantly to the economic
feasibility of low- and moderate-income housing
i n proposed housing develolmments.
(Amended by Stats. 1982, Ch. 1263. Effective
September 22, 1982.)
65918. ~he provisions of this chapter Shall
apply to charter cities.
(Added by Stats. 1979, Ch. 1207. Effective
October 2, 1979. )
Chapter 4.4. Interagenu~y Beferrals
Definitions:
"Affected city"
"Affected territory"
Note.- Chapter 4.4 shall r~main in effect only
until January 1, 1990. See Section 65919.12.
65919. A~ used in this chapter the following
terms mean:
(a) "Affected city" means a city within whose
planning review area an affected territory is
located.
(b) "Affected territory" means an area of land
located in the unincorporated portion of a county
which is the subject on one or more proposed
act ions.
133
TO:
FROM:
SUBJECT:
PLANNING COHMISSION
COI~NITY DEVELOPI~ENT DEPART)lENT
REORGANIZATION OF PLANNING CO~HISSION
];n accordance wtth Sect, ion ;t500 of the Tus'cJn Municipal Code, on the first meeting
of July of every year' the Planning Commission reorganizes. This reorganization is
for the purposes of nomination and election of a new Commission Chair and Chair'
Pro-rem.
This memo is just a reminder that at the beginning of the next Commission meeting
on July Il, 1988, the Commission will be scheduled to reorganize, Should you have
any questions, staff will be prepared to answer them at the Commission meeting or
please call the Department,
LCP'pef
~Shri sti ne Si ngleton x~
Director of Community9~evelopment
Report to the
Planning Commission
~tem No. 6
DATE: JUNE 27, 1988
SUBJECT: REPORT ON COUNCIL ACTIONS - JUNE 20, 1988
Oral presentatt on.
per
Attachments: City Council Action Agenda - June 20, 1988
, Community Development Department
ACTION AGENDA OF A REGULAR MEETING
OF THE TUSTIN CITY COUNCIL
JUNE 20, 1988
7:00 P.M.
7:03
I. CALL TO ORDER/PLEDGE OF AELEGIANCE/INVOCATION
ALL PRESENT
II. ROLL CALL
III. PUBLIC HEARINGS
AOOPTEO RESOLUTION
NO. 88-68
.1. LEVY OF ANNUAL ASSESSMENTS FOR THE 1988-89 FISCAL YEAR FOR THE
TUSTIN LANDSCAPE AND LIGHTING DISTP~ICT
STAFF TO FORNULATE A PLAN The Engineer's Report, prepared b~ BSI Consultants, Inc., has been
OF flOW WIE CAN ASSIMILATE filed with the City Clerk. A total of 18 parcels are proposed for
ALL TIlE CITY DISTRICTS annexation to the District, most of which are in Tustin Ranch, north
INTO ONE WIllIIN A TII~ of I rvine Boulevard.
TABLE OF 3 NONlltS
Recommendation: That the City Council:
i i
{1) Conduct the Public Hearing and take testimony from citizens and
property owners wishing to speak.
(2) RESOLUTION NO. 88-68 - A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF TUSTIN, ORANGE COUNTY, CALIFORNIA, ORDERING THE
ANNEXATION OF ADDITIONAL TERRITORY TO AN EXISTING DISTRICT AND
CONFIRMING THE ANNUAL 1988-89 FISCAL YEAR LEVY OF ASSESSMENT FOR
THE IMPROVEMENT, MAINTENANCE AND SERVICING OF PUBLIC LIGHTING
FACILITIES WITHIN THE BOUNDARIES OF THE TERRITORY INCLUDED IN
THE TUSTIN LANDSCAPE AND LIGHTING DISTRICT
Adopt Resolution No. 88-68 ordering annexation of additional
territory to the District: and confirming annual 1988-89
fiscal year levy of assessments as recommended by the Public
Works Department/Engi neeri ng Di. vi si on.
NONE
IV. PUBLIC INPUT
V. CONSENT CALENDAR
APPROVED
1. APPROVAL OF MINUTES - JUNE 6, 1988, REGULAR MEETING
JUNE 13, 1988, ADJOURNED REGULAR MEETING
AP PRO VED
2. APPROVAL OF DEMANDS IN THE AMOUNT OF $1,813,659.56
RATIFICATION OF PAYROLL IN THE AMOUNT OF $177,176.39
ADOPTED RESOLUTION
NO. 88-66
3. RESOLUTION NO. 88-66 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF TUSTIN, CALIFORNIA, APPROVING PLANS AND SPECIFICATIONS FOR
MANUFACTURE AND DELIVERY.OF REINFORCED CONCRETE PIPE FOR ASSESSMENT
DISTRICT NO. 86-2 AND AUTHORIZING ADVERTISEMENT FOR BIDS
Adopt Resolution No. 88-66 approving plans and specifications
and authorizing advertisement for bids for the manufacture and
delivery of reinforced concrete pipe, Assessment District 86-2
as recommended by the Public Works Department/Engineering
Division.
CITY COUNCIL ACTION AGENDA PAGE 1 6-20-88
ADOPTED RESOLUTION
N~. 88-67
o.
4. RESOLUTION NO. 88-67 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF TUSTIN, CALIFORNIA, INFORMING THE ORANGE COUNT. Y ARTERIAL HIGHWAY
FINANCING PROGRAM .ADVISORY COMMITTEE OF' THE STATUS OF THE CITY OF
TUSTIN MASTER PLAN OF ARTERIAL HIGHWAYS
Adopt Resolution No. 88-67 informing the Arterial Highway
Financing Program Adv.isory Committee of the status of the City
of Tustin Master Plan of Arterial Highways as recommended by
the Public Works Department/Engineering Division.
APPROVED STAFF
RECO~ENDATION
5. AGREEMENT WITH THE CITY OF ORANGE AND THE IRVINE COMPANY FOR THE
IMPROVEMENT OF JAMBOREE ROAD BETWEEN IRVINE BOULEVARD AND EXISTING
CHAPMAN AVENUE
Approve an agreement with the City of Orange and The Irvine
Company for the improvement of Jamboree Road between Irvine
Boulevard and existing Chapman Avenue and authorize the Mayor
and City Clerk to sign as recommended by the Public Works
Department/Engi neeri ng Di vi si on.
ADOPTED RESOLUTION
NO. 88-65
6. RESOLUTION NO. 88-65 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF TUSTIN, CALIFORNIA, OPPOSING ANY FORM OF JOINT OR FULL
COMMERICAL USE OF MCAS EL TORO
Adopt Resolution No. 88-65 opposing any form of joint or full
commerical use of MCAS E1 Toro as requested by the City
Counc i 1.
APPROVED STAFF
P"-~IqENDATION
7. AGREEMENT WITH SOUTHERN CALIFORNIA EDISON COMPANY FOR EL CAMINO
REAL BETWEEN MYFORD ROAD AND JAMBOREE ROAD
Approve an agreement with the Southern California Edison
Company for extension of underground electric lines and street
lights on E1 Camino Real between Myford Road and Jamboree Road
as recommended by the Public Works Department/Engineering
Division.
APPROVED STAFF
. RECOIqMENOATION
8. PROFESSIONAL SERVICES AGREEMENT FOR GEOTECHNICAL SERVICES - JAMBOREE
ROAD BETWEEN IRVINE BLVD. AND SANTIAGO CANYON ROAD
Approve the professional services agreement desi gnati ng
Geo-Soils, Inc. of Santa Ana to provide geotechnical services
along Jamboree Road ~etween Irvine Boulevard and Santiago Canyon
Road in the City of Orange, and authorfze the Mayor to execute
said agreement.
CONTINUED TO NEXT 9. AUTHORIZATION FOR PROFESSIONAL SERVICES/STRUCTURAL PLAN CHECK AND
MEETING FOR DISCUSSION INFRASTRUCTURE SERVICES
REGARDING USE OF AN EXPANDED Approve the agreements with the firms of Melad & Associates,
RANGE OF O)NSULTANTS FOR Roger Leggett, Inc., BSI Consultants, Inc. and GPS Consulting
DIFFERENT PROJECTS Engineering and authorize the City Manager to execute' said
agreements as recommended by the Community Development
Department.
VI. ORDINANCES FOR INTRODUCTION - None
CITY COUNCIL ACTION AGENDA PAGE 2 6-20-88
VII. ORDINANCES FOR ADOPTION
'--- ~TEI) ORI)INANCE
,
1. ZONING ORDINANCE AMENDMENT 87-4 (CULTURAL RESOURCES DISTRICT)
The following Ordinance No. 1001 had first reading and introduction
at. the June 6, 1988, meeting.
ORDINANCE NO. 1001 - AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
TUSTIN, CALIFORNIA, ADOPTING ZONING ORDINANCE AMENDMENT 87-4
AMENDING PART 5 AND 7 OF CHAPTER 2, ARTICLE 9 OF THE TUSTIN CITY
CODE AS IT RELATES TO CULTURAL RESOURCES.
Recommendat i on:
M.Oo - ThatI Ordinance No. 1001 have second reading by title only.
M.D. - That Ordinance No. 1001 be passed and adopted.
(Roll Call Vote)
ADOPTEB OROINANCE
NO. 1008
2. CITY ORDINANCE 1008 - ADDITION TO TUSTIN CITY CODE 4930 PERTAINING
TO CROSS-CONNECTION CONTROL, PUBLIC WATER SYSTEMS
The following Ordinance No. 1008 had first reading and introduction
at the June 6, 1988, meeting.
ORDINANCE NO. 1008 - AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
TUSTIN, CALIFORNIA, APPROVING A CROSS-CONNECTION CONTROL PROGRAM,
THEREBY ADDING CHAPTER 1, SECTION 4930, TO THE TUSTIN CITY CODE., TO
PROTECT THE PUBLIC WATER'SYSTEM WITHIN THE CITY'S WATER SYSTEM AREA
Recommendation:
M.O. - That Ordinance No. 1008 have second reading by title only.
M.O. - That Ordinance No. 1008 be'passed and adopted.
{Roll Call Vote)
~OPTEI) ORBINANCE
NO. 1009 WITH REVISION
lliAT lliE CONwlISSION BE
CALLED 'PARKS RiD
IECREATION CO~ISSION'
3. COMMUNITY SERVICES COMMISSION ORDINANCE NO. 1009
The following Ordinance No. 1009 had first reading and introduction
at the June 6, 1988, meeting.
ORDINANCE NO. 1009 - AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
TUSTIN, CALIFORNIA, ADDING PART V, CONSISTING OF SECT. IONS 1551
THROU~ 1557, TO CHAPTER 5 OF ARTICLE 1 OF THE TUSTIN CITY CODE TO
ESTABLISH A COMMUNITY SERVICES COMMISSION.
Recommendati on:
M.O. - That Ordinance No. 1009 have second reading by title only.
M.O. - That Ordinance No. 1009 be passed and adopted.
(Roll Call Vote)
VIII. OLD BUSINESS
~,F~''' yED STAFF
1. STATUS REPORT - JWA/CRAS/ASC
Recommendation: Receive and file as recommended by the Community
Devel opmen"t' 'D~'pa rtment.
3ITY COUNCIL ACTION AGENDA
PAGE 3 6-20-88
APPROVED STAFF
RECOMI~NDATION -
2. REQUEST FOR HANDICAPPED PARKING STALL (FIRST/PACIFIC STREETS)
City Council requested staff contact-Ms. Davies and discuss any
impacts of requesting her employer to furnish a handicapped parking
stall within their on-site parking lot.
Recommendation: Receiv. e and file as recommended by the Public Works'
Departme'n't'/Engi neeri ng Divi si on.
THE PROPERTY AT 17341 3. UNDERGROUND/UTILITY DISTRICT NO. 10 FOR NEWPORT/MCFADDEN AVENUE
MC FAJ)DEN BE ASSESSED
FOR THE UTILITY SERVICE
CONVERSION WITH A LIEN
BEING PLACED ON THE
PROPERTY TO BECOME OUE
WHEN THE PROPERTY IS SOLD
At previous meetings, the City Council surfaced concerns regarding
the funding responsibility for the utility service conversion from
overhead to underground at the O'Dell residence at 17341 McFadden
Avenue.
Recommendation: Pleasure of the City Council.
i i
CONSIDER THIS MATTER 4. COLUMBUS TUSTIN PARK
LATER IN THE SUlkiER WHEN
REDEVELOPMENT FUNDING Councilman Edgar requested that the City Council consider his
WILL BE AVAILABLE recommendation that the City proceed with preparation of working
drawings for Columbus Tustin Park.
Recommendation: Pleasure of the City Council.
NEW BUSINESS
A~ ,VIED SI'AFF
R~ ,~NI)ATION
1. POLICE MOTORCYCLE REPLACEMENT
Council authorized the replacement of four (4) police motorcycles in
FY 87/88 budget. Sealed bids were opened in the office of the City
Clerk on June 9, 1988, and were read as follows:
Santa Aha Kawasaki, Santa Ana
Tri-City Honda-Kawasaki, Anaheim
Harley-Davidson, Santa Ana
$22,467.76
$22,573.76
$23,320.00
Recommendation: Authorize the purchase of four (4) new police
motorcycles ~{ the cost of $5,299 each, plus tax, for a total of
$22,467.76, including tax, from Santa Aha Kawasaki, 1850 E. Edinger
Avenue, Santa Aha, CA 92705, as recommended by the Police
Department.
STAFF TO BRING BACK
RESOLUTION REGiU~J) ING
COSTS FOR DUPLICATING
TAPES OF THE I~EETINGS
2. TAPES AND TRANSCRIPTS OF MEETINGS
A question has been raised about the availability of tapes and/or
transcripts of public meetings of the City Council and Planning
Commission.
Recommendation: Pleasure of the City Council.
C(~NUE UNTIL W~E 17..T 3. CAMPAIGN CONTRIBUTION LIMITATIONS
Ii ~ATION REGARDING
MEASURES 68 AND 73 THAT Councilman Kelly requested agendizing this item.
WERE PASSED. AGENDIZE
FOR 1ST I~EETING-IN AUGUST Recommendation: Pleasure of the City Council.
CITY COUNCIL ACTION AGENDA Page 4 6-20-88
~PPROVED- STAFF
:ECOMMENOATION
4. PURCHASE OF FUEL .MANAGEMENT SYSTEM AND REFUSE COMPACTOR
Bids on the equipment were received until 10:00 a.m., June 9, 1988,_
at the office of the City Clerk as follows:
REFUSE COMPACTOR:
Fountain Truck Equipment, Santa Fe Springs
Haaker Equipment, Pomona
Century Machinery Co., Inc., Phoenix, AZ
Rol pak, Belmont
$13,205.48
$13,197.00
$13,865.67
$14,335.96
FUEL MANAGEMENT SYSTEM:
J.F. Keaveny, Inc., National City
Petro Quip Co., Santa Aha
$18,950.00
Did Not Meet Spec.
Recommendation: Authorize the purchase of Refuse Compactor from
Fountain Truck Equipment for $13,205.48 and the purchase of Fuel
Management System from J.F. Keaveny for $18,950.00 as recommended by
the Public Works Department/Field Services.
~PPROVED STAFF
',ECOMI"ENDATION
Xo
5. AMENDMENT TO SUBDIVISION AGREEMENT FOR TRACT NO. 12870
Recommendation: Approve amendment to subdivision agreement for
Tract No. 12B/0 as requested by the City Attorney.
REPORTS
:Ri ,:0
',ENNEOY REQUESTED THAT
'HE CITY COUNCIL REVIEW
'HE OUTDOOR SEATING
.iUIOELINES /~lO THAT THIS
1. PLANNING COMMISSION ACTION AGENDA- JUNE 13, 1988
'All actions of the Planning Commission become final unless appealed
by the City Council or member of the public;
IE AGENOIZEO FOR Recommendation: Ratify the Planning Commission Action Agenda of
)ISCUSSIOPl. SHE ALSO June 13,"1988. i
~KEO TI~T TUSTIN EAOOWS BE NOTICED ANO INVOLVED IN DISCUSSIONS REGARDING THE EASEMENT BETWEEN
'USTIN t~ADOWS .AND PEPPERTREE.
~PPROVED CONTINUANCE 2. RESIDENTIAL COMMUNITY' CARE FACILITIES
Mr. Walter Davis appeared before the City Council at their meeting
on June 6, 1988, and voiced concern about the existence of halfway
and related residential community care facilities and their
concentration or density in his neighborhood.
Recommendation: Continue matter until July 5, 1988, as recommended
by the Community Development Department.
,PPROVED STAFF
:ECOHHENDATION
3. RETROFIT OF BUILDINGS TO COMPLY WITH UNIFORM FIRE CODE PROVISIONS
FOR SPRINKLER SYSTEMS
Councilman Edgar at the City Counci°l's meeting on June 20, 1988,
asked that staff explore the possible retrofitting of structures to
comply with the recently introduced provisions of the Uniform Fire
Code related to requirements for automatic fire sprinkler systems.
Recommendation: Receive and file as recommended by the Community
Development Department.
ITY COUNCIL ACTION AGENDA PAGE 5 6-20-88.
· .
,PPROVEI) STAFF
:ECOHI~NOATION
4. SEVENTEENTH STREET, YORBA STREET/CARROLL WAY TO ROUTE 55 FREEWAY
At a previous City Council meeting ¢ a public concern surfaced
regarding the. blockage of the intersection at the Seventeenth street
and Yorba Street/Carroll Way intersection. '
Recommendation: Receive and file subject report.
,PPROVED STAFF
',ECOHFENDATION
5. FLEMING RESIDENCE AT 13831 ORANGE STREET
At a recent City Council meeting, a concern was raised regarding a
City employee, acting on behalf of the City, that may have offered
to buy Margaret Fleming's residence at 13831 Orange Street.
Recommendation: Receive and' file Subject report.
:ELLY REPORTED XI. OTHER BUSINESS
'HAT A RESIDENT HAD COMPLAINED Al)OUT TREES THAT RUINED HER SIDEWALK AT VINEWDOD AND YORBA.
IE ALSO REPORTED THAT AN APARTMENT BUILDING ON BONITA OFF OF ORANGE ST. HAS MULTIPLE TRASH CANS
NSTEAO OF A BIN.
;INCE THE GO CART RACE WILL NOT BE TAKING PLACE, EDGAR SUGGESTED THAT THE CITY LOOK AT WAYS OF
'OSSIBLY ~F.I..PING THE BOY'S CLUB SINCE THIS EVENT WAS TO CONTRIBUTE TO THEM. HE ALSO BROUGHT UP
'HAT EAST TUSTIN RESIOENTS WILL NEEO THE SAME SERVICES PROVIOEO BY THE BOY'S CLUB.
'RE.SCOTT REPORTED A BANNER Wllti BALOONS HANGING DOWN ON PROSPECT AVENUE 14II CH WERE LEFT OVER
~RF 'ILLER OAYS.
ED STAFF TO TAKE CARE OF WEEDS THAT ARE GOING TO SEED IN PLANTERS ON IRVINE BLVO.
:ECESSEO TO THIS XII. CLOSED SESSION - Litigation has been formally initiated to which the
:LOSED SESSION City is a party. The title of said litigation is Fenwick vs. 'City of
Tustin, Case No. 479698. Said Closed Session ~s held pursuant to the
authority of California Government Code Section :54956.9{a) and based on
existing facts and circumstances, the City Council has decided to
initiate or is deciding whether to initiate litigation. Said Closed
Session is held pursuant to the authority of California Government Code
ITY COUNCIL ACTION AGENDA PAGE 6 6-20-88
ACTION AGENDA OF A REGULAR'MEETING OF
THE TUSTIN REDEVELOPMENT AGENCY
JUNE 20, 1988
7:00 P.M.
):05
1. CALL TO ORDER
ILL PRESENT
2. ROLL CALL
LoPROVEO
APPROVAL OF MINUTES - JUNE 6, 1988, REGULAR MEETING
Recommendation: Approve Minutes.
U~PROVED
~PPROVED STAFF
~ECOMMENOATION
tONE
):07
6~
APPROVAL OF DEMANDS IN THE AMOUNT OF $26,745.83
Recommendation: Approval of subject demands in the amount of
$26,745.83 as recommended by the Finance Department.
APPROVAL OF AGREEMENT AND GRANT OF PARKING RIGHTS
The City Attorney's office has reviewed the agreement for. parking spaces
in the Steven's Square Parking Structure in order that the property
owner can meet their required additional parking.
Recommendation: Authorize the Executive Director to approve Agreements
and Grants of Parking Rights as recommended by the Community Development
Department.
OTHER BUSINESS
ADJOURNMENT
To the next Adjourned Regular Meeting on Tuesday July 5, 1988, at 7:00
p.m.
:EDEVELOPMENT AGENCY ACTION AGENDA PAGE i JUNE 20, 1988