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Home My WebLink AboutRPT 1 P.C. ACT AGENDA 11-21-88i ' ~,' i ~ r,', A C T ! 0 N A G E N D A REPORTS NO. ! 11-21-88 REGULARNEETI#G NOVEHBER 14, 1988 CALL TO ORDER' 7:00 p.m., Ctty Counctl Chambers PLEDGE oF' ALLEGZANCE/ZNVOCATZON ROLL CALL'. Present: Le ,]eune, ~ker, Shaheen Absent: get1, Ponttous PUBLZC CONCERNS: (Ltmtted to 3 minutes per person for 1rems 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.) Xe Minutes of. the 'October 26, 1988 Planning Commissli.on Meeting CItSStoner Sha~n moved, Le deune second to approve consent calendar. Hotton ~rrted3'0.II i J ® Use permit No.. 88-22 and Sign pe. rmit Application 52.7 APPLICANT' OWNER' ' LOCATION: ZONING: ENVIRONMENTAL STATUS: REQUEST: JOHN GANTES DIMITRI'S RESTAURANT, INC. P.O. BOX 8127 NEWPORT BEACH, CA 92658 MC COMBS PROPERTIES EIGHT P.O. BOX 16549 IRVINE, CA 92713 13102 NEWPORT AVENUE, AT IRVINE BOULEVARD PLANNED COMMUNITY COMMERCIAL CATEGORICALLY EXEMPT, CLASSES I AND 11 AUTHORIZATION TO SELL GENERAL LIQUOR FOR ON-SITE CONSUMPTION IN CONJUNCTION WITH A RESTAURANT USE AND TO INSTALL EXPOSED NEON TUBING IN SIGNAGE Recommendati~" It is recommended that the Planning Commission approve' 1) Use Permit ..... , ~ Planning Commission Action Agenda November 14, 1988 Page two 88-22 by the adop'tlon of Resolution No. 2539, and 2) approve the request for authorization to tnsta11 extertor exposed neon" tubtng for design embellishment but not for copy tn stgnage for Faraday's Restaurant at 13106 Newport Avenue by Minute Order. Resolution No. 2539 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF TUSTIN, AUTHORIZING USE PERMIT 88-22. FOR ON-SITE SALES OF GENERAL LIQUOR (TYPE 47) IN CONJUNCTION WITH A RESTAURANT USE AT 13102 NEWPORT AVENUE Presentation' Bernard Chase, Planner Commissioner Le ~eune moved, Shaheen seconded to approve Use Permit 88-22 vtth ResOlution" 2539" "as revtsed. Motion carrle'd 3-0; Shaheen moved, Le geune seconded to approve exposed neon tublng for copy and deSign embe111~hments'" NO...tlbn c~rted 3:-.0'. 3. Variance No. 88-10 APPLICANT: LOCATION: ZONING' ENV I RONMENTAL STATUS' REQUEST: SYCAMORE GARDENS HOMEOWNER'S ASSOCIATION P.O. BOX 3324 TUSTIN, CALIFORNIA 92651 14802 NEWPORT AVENUE; NEAR THE SOUTHEAST CORNER OF NEWPORT AVENUE AND SYCAMORE AVENUE R-3, MULTIPLE FAMILY RESIDENTIAL A NEGATIVE DECLARATION WILL BE FILED FOR THIS REQUEST PURSUANT TO THE REQUIREMENTS OF THE CALIFORNIA ENVIRONMENTAL QUALITY ACT. EXEMPTION FROM REQUIREMENTS OF SECTIONS 9224 AND 9274 OF THE TUSTIN MUNICIPAL CODE PERTAINING TO THE CONVERSION OF STOCK COOPERATIVES TO CONDOMINIUMS. .. Recommendation: It is recommended that the Planning Commission approve Variance No. 8§-10 "by adopting Resolution No. 2543, subject to the conditions as presented or re vi se d. Resolution No. 2543 A RESOLUTION OF THE PLANNING.COMMISSION OF THE CITY OF TUSTIN APPROVING VARIANCE NO. 88-10, GRANTING . EXEMPTIONS TO SECTIONS 9224 g.1, 9224 g.7, 9274 d.1 AND 9274 d.3 OF THE TUSTIN MUNICIPAL CODE FOR THE SYCAMORE GARDENS STOCK COOPERATIVE. Presentation' Steve Rubtn, Senior Planner ~melssloner Shaheen moved, Le 3eune seconded to approve Variance No. 88-10 adopting ResolUtion' N~. 2S43 wtth revisions. Rotton 'carrted 3-0. . zoning.Ordinance Amendment 88-6; Addition of Code Section 9273 (e) Exempting L&gal-__Conforming Pr°perti"e's'' From Beco-ming- N..o.n:c6nforming.i Due to.i Public ~Ri ght-Of-Wa¥ Acqui si .ti.".o.n by u :~e C i tY Planning Commission Action .Agenda November 14, 1988 Page three ENV I RONMENTAL STATUS: A NEGATIVE DECLARATION HAS BEEN PREPARED AND FILED IN ACCORDANCE WITH' THE CALIFORNIA ENVIRONMENTAL QUALITY ACT Recommendation: It is recommended that the Planning Commission adopt Resolution No. 2541, recommending to the City Council approval of Zoning Ordinance Amendment 88-6,exempting legal conforming properties from becoming non-conforming due to public right-of-way acquisition by the City. Resoluti6n No. 2541 'A RESOLUTION OF T~E PLANNING COMMISSION OF THE CITY OF TUSTIN RECOMMENDING TO THE CITY COUNCIL ADOPTION OF ZONING ORDINANCE AMENDMENT 88-6, EXEMPTING LEGAL CONFORMING PROPERTIES FROM BECOMING NON-CONFORMING DUE TO PUBLIC RIGHT-OF-WAY ACQUISITION BY THE CITY Presentation: Christine A. Shlngleton, Director of Community Development Commtsstoner*Le deune moved, Shaheen seconded to approve Zoning Ordinance Amendment 88-6 by l~e ad6ptton of ResolutiOn No". 2541 as submitted. Motton carrted 3-0. OlD BUSINESS ® Draft' Gradt.n9 and Excavation Code and Manual Recommendation' It is recommended that the Planning Commission set a workshop session i i i on the subject documents. Presentation' Christine A. Shingleton, Director of Community Development Workshop scheduled to commence on November 28, 1988 at 5-00 p.m. tn the City CounCtl Conference Room by Commission concurrence. ® Transmittal of Proposed Second Amendment to Amended Redevelopment_Plan for the To~n Center"Redevelopment project Recommendation' Receive and file; agendize further action on the Amendment for the Planning Commission's November 14th meeting. Presentation' Christine A. Shingleton, Director of Community Development Recetved and filed by Commission concurrence. NEW BUSINESS. STAFF CONCERNS ® R.eport on city Council Agenda - November 7, 1988 Presentation:' Christine A. Shingleton, Director of Community Development Planntng Commission Actio, Agenda November 14, 1988 'Page four COlllI $$I011 COIICERII$ Coe~tsstoner Le deune asked about status of church at 6th and 'B' Street, complained about speed of .... bases' along Math Street; and asked about the ttedng of Irvlne Boulevard widening. · Chatr~an Baker coeplatned of banners o~ the fence at Tusttn /4arket Place. I i i iiii AD,]OURI~EIIT Ad~]ourn to IIorkshop session on November 28, 1988 at 5:00 p.m. in the City Council Conference Roo~. TUSTIN PLANNING COHHISSION REGULAR MEETING NOVE#BER 14, 1988 CALL TO ORDER: 7:00 p.m., City Coun'ctl Chambers PLEDGE OF ALLEGIANCE/INVOCATION ROLL CALL: geil, Baker, Le Oeune, Ponttous, Shaheen PUBLIC CONCERNS: (Ltmlted to 3 minutes per person for 1rems 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.) le Minutes o,,f the Octob,er,,, 26, 198,8 Plannlin9 Commission Meetin9 PUBLIC HEARINGS 2. Use Permit No. 88-22 and Sign Permit Application 527 APPLICANT: OWNER: LOCATION: ZONING: ENV I RO NMENTAL STATUS: REQUEST: JOHN GANTES DIMITRI'S RESTAURANT, INC. P.O. BOX 8127 NEWPORT BEACH, CA 92658 MC COMBS PROPERTIES EIGHT P.O. BOX 16549 IRVINE, CA 92713 13102 NEWPORT AVENUE, AT I RVINE BOULEVARD PLANNED COMMUNITY COMMERCIAL CATEGORICALLY EXEMPT, CLASSES I AND 11 AUTHORIZATION TO SELL GENERAL LIQUOR FOR ON-SITE CONSUMPTION IN CONJUNCTION WITH A RESTAURANT USE AND TO INSTALL EXPOSED NEON TUBING IN SIGNAGE Recommendation: It is recommended that the Planning Commission approve: 1) Use Permit Planning Commission Agenda - November 14, 1988 Page two 88-22 by the adoptton of Resolution No. 2539, and 2) approve the request for authorization to install extertor exposed neon tubtng for design embellishment but not for copy tn slgnage for Faraday's Restaurant at 13106 Newport Avenue by Minute Order. Resolution No. 2539 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF TUSTIN, AUTHORIZING USE PERMIT 88-22 FOR ON-SITE SALES OF GENERAL LIQUOR (TYPE 47) IN CONJUNCTION WITH A RESTAURANT USE AT 13102 NEWPORT AVENUE Presentation' Bernard Chase, Planner 3. Variance No. 88-10 APPLICANT- LOCATION: ZONING- ENV I RONMENTAL STATUS: REQUEST: SYCAMORE GARDENS HOMEOWNER'S ASSOCIATION P.O. BOX 3324 TUSTIN, CALIFORNIA 92651 14802 NEWPORT AVENUE; NEAR THE SOUTHEAST CORNER OF NEWPORT AVENUE AND SYCAMORE AVENUE R-3, MULTIPLE FAMILY RESIDENTIAL A NEGATIVE DECLARATION WILL BE FILED FOR THIS REQUEST PURSUANT TO THE REQUIREMENTS OF THE CALIFORNIA ENVIRONMENTAL QUALITY ACT. EXEMPTION FROM REQUIREMENTS OF SECTIONS 9224 AND 9274 OF THE TUSTIN MUNICIPAL CODE PERTAINING TO THE CONVERSION OF STOCK COOPERATIVES TO CONDOMI N I UMS. · Recommendation: It is recommended that the Planning Commission approve Variance No. 88:i0 by ad6~ting Resolution No. 2543, subject to the conditions as presented or revised. Resolution No. 2543 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF TUSTIN APPROVING VARIANCE NO. 88-10, GRANTING EXEMPTIONS TO SECTIONS 9224 g.1, 9224 g.7, 9274 d.1 AND 9274 d.3 OF THE TUSTIN MUNICIPAL CODE FOR THE SYCAMORE GARDENS STOCK COOPERATIVE. Presentatlen- Steve Rubtn, Senior Planner 4. Zonl..ng Ordinance'Amendment 88-6; Addition of Code Section 9273 (e) Exempti.n9 Legal Confoi=~,ln~ "Proper~16'S'" Ft~om BeComln~l NonCC6nformi-n9 D~e to .... Public Right-Of-Wa~'A~quisttio~ .b~ the city ' ENVIRONMENTAL STATUS: A NEGATIVE DECLARATION HAS BEEN PREPARED AND FILED IN ACCORDANCE WITH THE CALIFORNIA ENVIRONMENTAL QUALITY ACT Planntng Comml sston Agenda November 14, 1988 Page three Recommendation: It is recommended that the Planning Commission adopt Resolution No. 2541', recommending to the City Council approval of Zoning Ordinance Amendment 88-6,exempting legal conforming properties from becoming non-conforming due to public right-of-way acquisition by the City. · . Resolution No. 2541 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF TUSTTN RECOMMENOING TO THE CITY COUNCIL ADOPTION OF ZONING ORDINANCE AMENDMENT 88-6, EXEMPTING LEGAL CONFORMING PROPERTIES FROM BECOMING NON-CONFORMING DUE TO PUBLIC RIGHT-OF-WAY ACQUISITION BY THE CITY Presentation' Christine A. Shingleton, Director of Community Development OLD BUSINESS 5. Draft Grading and Excavation Code and Ma.nu,a,1 Recommendation: It is recommended that the Planning Commission set a workshop session on the subject documents. Presentation' Christine A. Shingleton, Director of Cbmmunity Development Transmittal of Proposed_Second..Amend.m.e.n.t to Amended Redevelopment Pian for the T6wn Ce.nter Rede..velopment project ............. Recommendation: Receive and file; agendtze further action on the Amendment for the Planning Commission's November 14th meeting. Presentation' Christine A. Shingleton, Director of Community Development NEll BUSINESS STAFF CONCERNS ® Repprt on city c.o.upcil Agenda ~,l..November 7:1988 Presentation: Christine A. Shingleton, Director of Community Development AD~IOURII, IENT Adjourn to the next regular scheduled meeting on November 28, 1988 at 7:00 p.m. in the City Council Chambers. HIMUTES TUSTIN PLANNING COMMISSION REGULAR NEETING OCTOBER 26, 1988 CALL TO ORDER:' 7:00 p.m., Ctty Counctl Chambers PLEDGE OF ALLEGIANCE/INVOCATION ROLL CALL: Present: .e11, Baker, Ponttous, Shaheen Absent: Le deune PUBLIC CONCERNS: (Ltmtted to 3 mtnutes 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.) 1. ~tnu,.tes of.the Octobe..r .6, 1988 Pla. nnlng Commiss!on Meetin9 2. Mlnut. es of..the October 10, 1988 P]anntn~l Comm.t, ssion Meettng Commissioner We11 mov.ed: Ponttous seconded to approve the consent calendar. Motion ~arrted 4-0~ ' PUBLIC HEARINGS 3. Variance 88-_7 APPLICANT' OWNER' LOCATION' ZONING' ENV I RONMENT~t? ' STATUS' REQUEST' DAVID E. SOSIN, M.D. HEADACHE TREATMENT CENTER OF ORANGE COUNTY 14111 NEWPORT AVENUE TUSTIN, CALIFORNIA 92680 DAVID E. SOSIN, M.D. 14111 NEWPORT AVENUE TUSTIN, CALIFORNIA 92680 14111 NEWPORT AVENUE AT THE NORTHWEST CORNER OF NEWPORT AND MITCHELL AVENUES PLANNED COMMUNITY-COMMERCIAL (~C-C) DISTRICT .. CATEGORICALLY EXEMPT (CLASS 11) TO PERMIT A BUSINESS IDENTIFICATION POLE SIGN Planning Commission Minutes October 26, 1988 Page three Commissioner Ponttous noted that there were other ways for the applicant to advertise and stated that she was concerned that granting the variance, even for a short period of time would set a precedent. Commissioner Well noted that she had watched the progress of the building and that it did Oeser~e the beautification award. She stated that signs were for identification, not advertising. She also indicated that the problems with the truck parking at Alta Dena were self-inflicted as the dairy was there when the Sosin's bought the property. She asked if the Sosin's were aware of the sign code when they purchased the property. Mr. Sosin indicated that they were aware of the Sign COde. Commissioner Well noted that she regrets any misunderstandings the Sosin's might have had with l~embers-of the staff. She also noted that she would have trouble justifying a hardship to grant this variance, that the case was borderline. She also asked if there were address numbers on the building or the sign. Dr. Sosln noted that the address is not on either of the signs. Ms. Sosin asked if having the numbers on the building is included as part of the squ~'re footage of the allowable signage. Staff responded that the Fire Department requires a minimum 6" high address numbers on the buildings and that those numbers are not counted in the allowable sign square footage. Commissioner Well suggested that the address numbers be placed on the building. Commissioner Shaheen noted no problems in identifying the building. He indicated that "the sll'gn couid be trimmed down by eliminating the logo and enhancing the "Headache Treatment Center" portion of the sign. Commissioner Baker noted that staff could answer any technical questions the applicant might ha~e. Commissioner Well moved, Pontious seconded to deny Variance '88-7 by the adoption of Resolution No. 2~38. Motion' ¢arrlied 4-0. Lois Jeffrey, Deputy City Attorney, indicated to the applicants that they had the right to appeal to the City Council within seven days. Mr. and Mrs. Sosin indicated that they understood that right. NEY ~JSINESS 4. Commen'ts on O~aft Air Quality Management Plan Recommendation: For review and comment. Presentation' Laura Cay Pickup, Senior Planner Planning Commission Minutes October 26, 1988 Page five ClIIMI $$I011 CONCERNS Commissioner Ponttous noted that her microphone needed to be fixed and that she would be ~nabie~to a'~tend ~he Novembe~ 14th meeting. She also asked staff to encourage the Orange County Fire Department to enforce the size of address numerals. Commissioner Shaheen asked for a stop sign at Fig and Alder Lanes. Commissioner Baker asked if the red curb could be extended on the north side of Bryan Avenue, w~st of Red H111 Avenue. AOJOURIIIENT At 8'30 p.m Commissioner Well moved, Ponttous seconded to adjourn to the next regular scheduled meetlng on November 14, '1988 at 7:00 p.m. in the City Council Chambers. Motion carried 4-0. A. L. Baker Chairman Penni' ~oley'1 i Secretary Report to the Planning Corn miss ion ITEM NO. 2 DATE: SUB,~ECT: APPLICANT: OWNER: LOCAT!ON: ZONING: ENV I ROmENTAL STATUS: REQUEST: NOVEMBER 14, 1988 USE: PERMIT NO. 88-22 AND SIGN PERMIT APPLICATION 527 ,IOHN GANTES DIMITR! 'S RESTAURANT, INC. P.O. BOX 8127 NEWPORT BEACH, CA 92658 MC COMBS PROPERTIES EIGHT P.O. BOX 16549 IRVINE, CA 92713 13102 NEWPORT AVENUE, AT IRVINE BOULEVARD PLANNED COI~IUNI~ COMPERCIAL CATEGORICALLY EXEMPT, CLASSES I AND 11 AUTHORIZATION TO SELL GENERAL* LIQUOR FOR ON-SITE CONSUMPTION IN CONJUNCTION WITH A RESTAURANT USE AND TO ZNSTALL EXPOSED NEON TUBING IN SIGNAGE RECOIIqENDATION It is recommended that the Planning Commission approve: 1) Use Permit 88-22 by the adoption of Resolution No. 2539, and 2) approve the request for authorization to install exterior exposed neon tubing for design embellishment but not for copy in signage for Faraday's Restaurant at 13106 Newport Avenue by Minute Order. BACKGROUND The applicant is making two authorization requests: 1) for on-site liquor sales and consumption, and 2) installation of exposed neon tubing as part of proposed Signs. Each request is being made in conjunction with the remodeling of an existing restaurant i~acility ..tn Packers Square. A new owner is purchasing the existing Bob's Big Boy' Restaurant, and proposing changes in the building facade and type. of food service. The building will be receiving a facelift which will provide a Community Development Department Planning Commission Report Use Permit 88-22 November 14, 1988 Page two _ new image. The exterior will be a blend of the rustic style seen in Packers Square and the Spanish Contemporary style Seen along Newport Avenue. The facelift design has moved through Design Review and is now in building plan check. The restaurant will be a new Faraday's, a part of the Dimitri.'s/Faraday's group. Faraday's focuses on business lunches and family dining, much like the Marie Callender Restaurants. Typical lunch prices are in the four to eight dollar range with dinner prices in the five to ten dollar range. The applicant proposes to replace existing restaurant signs with a relocated monument sign and two wall signs. The proposed signs continue the transitional theme of the building and generally have red copy on bone white backgrounds, whereas Packers Square uses ivory lettering on red backgrounds. Included in the sign program was the proposed use of exposed neon tubing as design embellishments on both wall signs and for business identification copy on one of the wall signs. The design embellishments consist of single horizontal red lines above and below the name "Faraday's". The copy on the one wall sign consists of the phrases "DIMITRI'S OLD PLACE" and "RESTAURANT" on semi-circular cabinets attached above the main "Faraday's Cabinet on the wall sign (see attached plans). The use of proposed tubing is not allowed unless approved by the Planning Commission. The subject project is located near the southeast corner of Newport Avenue and Irvtne Boulevard in the Packers Square shopping center. The center contains about one dozen business establishments, including P.J.'s Pizza, Carlito's Food, the Irvine Ranch Farmers Market, and offices. The vicinity of Packers Square has commercial and office uses facing arterial streets, and residential developments on local .streets behind the commercial and office uses. Northeast of Packers Square on the south side of Irvine Boulevard is the Ralph's/Tustin Heights Shopping Center and a variety of commercial uses north across Irvine Boulevard. The Plaza LaFayette shopping center is located on the northwest corner of Newport Avenue and Irvine Boulevard and the First Baptist Church and school is-immediately to its north. To the west, immediately across Newport Avenue is the Merrill Lynch Realty building and a commercially zoned vacant lot. To the south are the Lucky's commercial center, the E1 Modena Flood Control Channel, the Newport Galaxy Apartments, and Village Homes, which are accessed from the Packers Circle cul-de-sac {which bounds Packers Square on the south). The residential entrances are at least 180 feet from the subject restaurant. DISCUSSION Use ,PT. reit 88-22- Staff has reviewed the proposed request for on-site liquor sales for conformance with the City's Alcoholic Beverage Guidelines. The pertinent issues identified include hours of operation, Community DeveloPment Department Planning Commission Report Use- Permit 88-22 November [4, 1988 Page three project locatton and type of operation. tndtvtdually below: These issues are discussed · . Hours of Operation - The applicant wishes to operate the restaurant between the hours of 7:00 a.m. and [0:00 p.m., seven days a week. However, the intent ls to serve alcoholic beverages only with lunches and dtnners. Project Location - Although the Zoning Code does not specify distance requirements for on-slte licenses, the project is located in an area which provides at least: [000 feet from any school; [000 feet from any church; 2000 feet from any park; one mile from any hospital; [25 feet from another restaurant with general 11quor sales; [80 feet from any residential site. The site is located in an area which is commercial in nature and the restaurant caters mostly to business and family dining. Therefore, no impact is anticipated on residential properties. Type of Operation - The applicant wishes to operate a restaurant which prima-rlly caters to business lunches and family dining, and only incidentally serves alcoholic beverages to dining patrons. Sales of alcoholic beverages will be made only during hours when food is served. Food will be prepared on the restaurant premises. No fixed bar or bar seating is proposed. The Dimttri's/Faraday's group estimates that only about seven (7) percent of its receipts will be from sales of alcoholic beverages. Exposed Neon Tubing)- Staff has reviewed the proposed request for using exposed neon tubing for conformance with the City Sign Code and determined that the pertinent issues include the compatibility of neon with the Packers Square Sign Program, and the general effect of allowing the use of exposed neon tubing. These issues are discussed individually below: Packers Square C.o, mpatlb,i,,]lty - The use of neon design embellishment would continue the restaurant design theme, however the use of exposed neon tubing for copy is not similar to the shopping center:s signs. There are no exterior neon tube signs with copy in the center. Corn r'nuni~y DeveloPrnen~ Depar~rnen~ · Planning Commission Report Use Permtt 88-22 . November 14, 1988 Page four Effect. of A11ow!n~l Neon - The effect of allowtng the proposed, very stmple, neon destgn embellishments would be a restrained accenting of two "Faraday's" wall stgns, 'one over the south entrance facing the parktng lot and one on the west wall factng the Newport Avenue and [rvtne Boulevard Intersection. Design embellishments are architectural and no negattve Impacts are anticipated; however, the effect of allowing the proposed exterlor neon copy would be a relaxation of the current practtce of l~mttlng the use of exterlor neon stgns based upon compatibility wtth surrounding uses and stgnage. Thts proposal tncludes uslng neon for exterior copy. As there ae no extertor stgns tn this area which use exposed neon tubing for copy, this proposal ts lnconslstent wtth other stgns in the area. CONCLUSZON i .. Staff has revtewed the application for Use Permit 88-22 (authorization to sell general 11quor for on-stte consumption wtth a restaurant use) for conformance with 'the Zontng Code and Alcoholic Beverage. Sales Establlshment Guidelines. t~tth consideration of the above 11steal issues and Incorporation of the conditions contaJned In Resolution No. 2539, staff recommends approval of Use Perm1 t 88-22. Staff has also revtewed the request to use exposed neon tubtng for conformance wtth the Tusttn Stgn Code. ~[n consideration of the above 11steal tssues, staff recommends that the Planning Commtsslon not approve the proposed use of exposed neon tubing for exterior stgnage copy, but recommends that the proposed use of exposed neon tubtng for destgn embellishment be approved by f41nute Order. Bernard' Chase .... Planner BC-CAS 'ts Attachment' -Sign Renderlng Resolution No. 2539 Christi'ne A.' Sh'~ng~eton Director of Community Development Community DeveloPmen~ Depar~mem ~ Red on Bone Internal Illum. Neon Copy (Green) Bone White Background Green & Ivory Green or Red Cab. Design Embellishment (Red) TAU ~on Copy (Green) NEWPORT AVENUE WALL SIGN Red on Bone White Inter_na~l,,,,, Illumination ~~... Design Embellishment (Red) Design Embellishment (Red) PARKING LOT ENTRANCE WALL SIGN 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 2O 21 22 23 24 25 26 27 28 RESOLUTION NO. 2539 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF TUSTIN, AUTHORIZING USE PERMIT 88-22 FOR ON-SITE SALES OF GENERAL LIQUOR (TYPE 47) IN CONJUNCTION WITH A RESTAURANT USE AT 13102 NEWPORT AVENUE The Planning Commission of the City of Tustin does hereby resolve as follows: I · The Planning Commission finds and determines as follows: A® A proper application, Use Permit No. 88-22, has been filed on behalf of Dimitri's Restaurant, Inc. to request authorization for on-site sales of general liquor (Type 47) in conjunction with a restaurant use at 13102 Newport Avenue. B. A publtc hearing was duly called, noticed and held for said application on Monday, November 14, 1988. Establishment, maintenance, and operation of the use applied for 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 of such' proposed use, as evidenced by the following findings: 1. The use as applied for is in conformance with the General Plan, Tusttn Zoning Code and the adopted guidelines for alcoholic beverage sales establishments. . The use applied for is a conditionally permitted use in the Planned Commercial Zoning District· 3. The subject site is located a minimum of 180 feet from the nearest residential site and a minimum of 1000 feet from the nearest school and therefore, is not considered to have a negative impact upon residents or school children based upon Its locatlon. 4. Alcohol sold on the premises shall be for on-site consu~tion only. D. The establishment, maintenance, and operation ~f the use applied for will not be injurious or detrimental to the property and improvements in the neighborhood of the subject property, nor to the general welfare of the City of Tustin, and should be granted. E. This project is Categorically Exempt (Class 1) from the California Environmental Quality Act. 1 2 3 4 5 6 8 10 11 12 13 1.4 1,.5 lO 17 18 19 ~.0 21 22 23 2~ 25 27 28 Resolution No. 2539 Page t~o II. The Planning Commission .hereby approves Conditional Use Permit No. 88-22 to authorize on-stte sales of general liquor (type 47) tn conjunction with a restaurant use at 13102 Newport Avenue subject to the following conditions: 1. All alcoholic beverages shall be consumed on site. 2. Authorization for on-site sales of beer and wtne/11quor sales is contingent upon the use of the subject stte remaining a restaurant. At such tlme the restaurant use ts discontinued, this use permi t shall become nul 1 and void. 3. All persons serving alcoholic beverages shall be eighteen years of age or older and supervised by someone twenty-one years of age or older. Supervisor shall be present tn same area as point of sale. 4. Hours of sale of alcoh01tc beverages shall be limited to the hours when food Is served. 5. The menu of the restaurant shall consist of foods that are prepared on the premises. 6. There shall be no pool tables 'or coin operated games on the premises at any time. 7. No outdoor seatlng ts authorized at this location. 8. If the sales of general liquor do not commence within 12 months from the date of approval of this Resolution, this Use Permit shall become nul 1 and void. 9. No fixed bar or bar seating ts authorized with this approval. 10. The applicant shall sign and return an Agreement to Conditions Imposed form stating agreement to comply with. the condttJons placed upon this use permit. PASSED AND ADOPTED at a regular meeting of the Tustin Planning Commission, held on the ..i day of , 198 . A, L. Baker Chairman Penni Foley Secretary Planning Commission / / DATE: SUBJECT-. APPLICANT: LOC/TIOII: ZONING: - ENVI RONNENTAL STATUS: REQUEST'. NOVEHBER 14, 1988 VARIANCE NO. 88-10 SYCANORE GARDENS HOMEOWNER'S ASSOCIATION P.O. BOX 3324 TUSTIN, CALIFORNIA 92651 14802 NENPORT AVENUE; NEAR THE SOUTHEAST CORNER OF NEWPORT AVENUE AND SYCAMORE AVENUE R-3, NULTIPLE FANILY RESIDENTIAL A NEGATIVE DECLARATION WILL BE FILED FOR THIS REQUEST PURSUANT TO THE REQUIREMENTS OF THE CALIFORNIA ENVIROIINENTAI. QUALITY ACT. EXEMPTION FROM REQUIREMENTS OF SECTIONS 9224 AND 9274 OF THE Tus'rIN IqlJNICIPAL CODE PERTAINING TO THE CONVERSION OF STOCK COOPERATIVES TO CONDO#INIUNS. REC(IIqENDATION It is recommended that the PlannJng Commission approve Vartance No. 88-10 by adopttng Resolution No. 2543, subject to the conditions as presented or revlsed. BACKGROUND. Applicant proposes to convert an extstlng 100 unit stock cooperative into condominiums. Conversion of an exlsttng stte, whether it be from apartments or stock cooperatives to condominiums, requires compliance with current provisions of the zoning district the property is located in as well as Section 9274 of the Tustin code,, whtch provides multiple family conversion standards and any other code section references. Therefore, prior to any formal actions on the Tentative Tract Map conversion, the applicant must comply with the zoning code Corn munitv Develoom~nt Deg_~!r!_m~nt Planning Commission Report Vartance No. 88-10 November 14, 1988 Page two " or obtain a variance from those provisions which it cannot comply with. At this time, the applicant is requesting variances from the following code sections prior to any future Planning Commission action on the proposed conversion request: 9224 g.1 - requirement to obtain a use permit to allow structures on property adjacent to R-1 zoned property to exceed one-story and/or 20 feet in height. There are 10 existing two-story buildings on the subject property, all of which exceed 20 feet in height. 9224 g.7 - requirement to provide two (2) assigned, covered parking spaces per unit and one (1) open, guest parking space for every four (4) units. Currently, there are 138 assigned, covered spaces and 27 open spaces for tenants on. a first come, first served basis. As it is layed out, there is no room to pick up additional parking on the site without moving structures. 1 9274.d.1 - requirement to satisfy the intent of Chapter 35 of the Uniform Building Code, 1976 Edition, and-of the California Administrative Code, Title 25, Chapter 1, Subchapter 1, Article 4, Section 1092 pertaining to the attenuation between units. The project was built prior to the requirements for sound attenuation. ® 9274 d.3 - requirement to provide one hour fire rated walls between units. The units were built prior to this standard. ~o Because the above exemptions requested by this submitted variance application are essential to converting the project into condominiums, it is appropriate for the City to determine whether said variance can be granted before considering the proposed Tentative Map. If the variance is not granted, there would be no point in moving further with the conversion process. The Commission is not being requested to review the Tentative .Tract Map at this time. . In lieu of actually processing a future tentative tract map, the applicant could request approval of a Zoning Ordinance Amendment, to add a section to the City's Subdivision Ordinance that would allow the City to issue a Certificate of Compliance for conversion of stock cooperatives into condominiums (pursuant to Section 66412(g) of the Subdivision Map Act). Land uses surrounding the project site include a small commercial center (on the adjacent property) located at the southeasterly corner of Newport and Sycamore, commercial buildings and the Health Care Medical Center located across Sycamore to the north, multiple family developments located immediately to the south and also across~Newport"-to the weSt and a combination of multiple family and single family development located immediately to the east. Corn rnunity I~-~eloprnent Department Planntng Commission Report Variance No. 88-10 November 14, 1988 Page three 'DISCUSSION ..... Built in the early 1960's, the Sycamore Gardens apartments were converted into a stock cooperative in January of 1980 while still under County jurisdiction. The Sycamore Gardens Stock Co-op was subsequently annexed into the City as part of Annexatten No. 109 in December 1980. Existing site improvements at Sycamore Gardens include 15 one-story buildings, 10 two-story buildings, a recreation building and swimming pool, 138 covered assigned parking spaces (carports), 27 open unassigned parking spaces and extensive landscaped common open space areas. All 100 units have private patio areas (see attached site plan/tentative tract map). The buildings' architecture incorporates pitched roofs and a combination of stucco, wood siding and painted brick. All buildings have been re-roofed with a Class A rated, "Cai-Shake" type roofing material that simulates heavy wood shake shingles. The subject property is enclosed with an existing 5 to 6 foot concrete block wall along the easterly rear and southerly side property 1 ines and wrought iron fencing wi th security gates (at drive entrances) along the Newport and Sycamore Avenue frontages. Vehicular access, to the subject site. is provided by two driveway access on Sycamore and one driveway access on Newport. The primary vehicular circulation runs along the east and south property lines, connecting Newport and Sycamore. The California Government Code defines a "stock cooperative" as an ownership in common interest by a corporation. Members, or shareholders, own "stock" in the corporation, but unlike a "condominium", do not own a subdivided interest in an actual unit. Stock 6ooperatives are not very common in California; however, in the late 70's the State Subdivision Map Act did not require tract maps to convert apartments to stock cooperatives, thereby allowing conversion from rental to "owner" properties while avoiding the subdivision process {the Map Act has been amended to include stock co-ops). Financing for stock co-ops is very difficult to obtain in California for several reasons (one being that they are few in number) making their sale very difficult; therefore, the applicant desires to convert into a condominium so as to facilitate obtaining financing of units. At the time the subject buildings were constructed, current standards for building height, parking, sound attenuation and fire ratings for party walls were not in place. Staff has determined that the cost to meet current sound attenuation and fire standards for party walls would be approximately $5 to $10 per square foot (of wall area) per wall. This equates to an approximate cost per unit of $1,000 to $3,000, depending on whether the unit is one or two-stories. As noted earlier, additional parking spaces cannot be provided without removing some of the existing units. To accomplish this, the applicant would have to buy-ou.t members ownership interest, demolish buildings and construct carports. Community Development Department Planning Commission R~port Variance No. 88-10 November 14, 1988 Page four As the applicants sole. source of income is based on association fees, it is very unlikely that it could raise the. necessary money to perform the work necessary to meet current sound, fire and parklng standards. Whereas, If this were an apartment project whose owner was proposing to convert It to condominiums, financing for such work would be more readily available. In considering the four (4) exemptions requested by this Variance and discussed above, staff is able to make the following findings in support of Variance No. 88-10: . That there are unusual and exceptional circumstances pertaining to the proposed use of the ~subject property that do not pertain to other properties tn the same zoning district, tn that the subject property ts the only extsttng stock cooperative In the City, and proposes to change the nature of ownership Interests. [t is not an apartment project. ® That the granting of thts Variance Is necessary to preserve a substantial property right of the applicant, which right ts enjoyed by other property; owners In the same zoning dtstrtct (R-3), tn that the subject property is an existing development built prior to current City, State and Uniform Building Code requirements, and tt Is cost prohibitive for the applicant to comply with these rqutrements, and without these exemptions, the stock cooperative cannot convert to a condominium and shareholders will not be able to enjoy the same ease In selling their ownership interest as readily as condominium owners in the same zoning district. 0 That the granting of this Variance will not be detrimental or injurious to surrounding properties, in that the subject property is maintained in very good condition, and would continue to be so following a conversion to condominium ownership. e That the granting of this Variance is not contrary to the City's .General Plan, in that condominiums are a permitted use in the Multiple Family Resi'dential land use district. CONCLUSTON Staff believes that the requested exemptions under Variance No. 88-10 are justified Considering the existing and proposed use of the subject property. Both stock cooperatives and condominiums involve an ownership interest, however, Corn rnunity DeveloPment Depar~rnen~ Planntng Commission Report Vartance No. 88-10 November 14, 1988 Page ftve the nature of that owner'shtp ts d~sttnctly different. The subject property, developed in the early 1960's ts a very well malntatned stock cooperative, and t't Is expected that tt w111 conttnue to be so tf converted to condominiums. The requested Varlance would allow the conversion to proceed. ?,,''/ ,. ~': , . ',* . j 'Steve Riib'i n Sent or P1 anner ~:hristine A. Shlngleton ' ' ' Dtrector of Community Development SR:CAS'ts~ Attachments: ResoluHon No. 2543 Sect1 on 9274 Section 9224 Stte Plan/Tentative Tract Hap Corn reunify DeveloPmen~ Depar~rnen~ · ~JSTIN CITY CODE ZONING · (c) A non-conforming building, destroyed '=o =he ex=an= of more =hen percen= (50%)' of i~.s reasonable value a= ~he r2,me of i~s des ~'uc=i on by fire, explosion or ocher casual=y or a~c of God, may be restored or .used only in cczn- pliance wi~h.. =he tuques=ions exis=inq in =he dis~.ric~ wherein i= is loca=ed. (Ord. No, 310, Sec. 2) (d) The provisions se= fo~ch, in (b) &nd (c) above, shall apply =0 s=ruc- =utes, !=-_~_ and uses which hereafter beco. me non-conforming due =o any re- classi~ica=ion of d~s~c'cs under ~s Chap~ar~ provided, however, ~a= public uses, publ£c"u~hL£~y builchtngs and public u~.il£=y uses exist.hq a= =he ~/me of CAe adop=ion of =his Chap~er, or exiSt.hq &= ~.he rime of reclassifies=ion of dis~.ric=s, shall no= be 'considered non-conforming. (Ord. No. 319, Sec. 927~k ~:. ':% 9274 MULTIPLE O~LLING C0~VERSION STANDARDS a Conversion subject to other co~e provisions Conversion of multiple dwelltn$ units to condominiums as defined Ln Section [350 of the Civil Code, Communi:y Apartment Projects as defined in Section t tO04 of the 8us~aess and Professions Code or Stock Cooperatives as de£ined [n Section 1[003,2 of the Bus,ness ~ P=o~ess~ons Code; shell be required co con~o~ =nd be consistent ~ch the resu[=c~ous ~ provisions off ~he fro[lo-ins: ([) Par~ 9~ ~n~scracion of chis Chapter conce=ninS application ~o~ and action on a usa pe~c. (2) Chapter 3~ Subd~v~sions of che Tusctn Clc7 Code. (3) Section'9224, Pla~ Development Dts~:tcc (~) o~ ~a~ 2, Eestden- Ci~ Dtscr~cCs~ o~ this Chapcer. ~) . ~e Tusctn A=ea ~ne=al Plan. b Min/mum Standards, Fire (t) Access roadways shall be extended to w~th£n two hundred fif=y (250) fee't of all portions of the exterior walls of the first story of any building. ~here the access roadway cannot be provided, approved fire protection system or systems shall be provided as required and ap- proved by the Orange County Ftre Marshal. i turn-around radius of a minimum of thirty-five (35) feet shall be provided ~hen access road exCends over one hundred ftfty (150) feet from street with any one point o~ egress. (2) An approved water supply capable of supplying required fire flow for fire protection shall be provided to all premises. When any pot=ion of the building procected is in excess of one hundred ~lfty (150) feec ~rom a water supply on a public street, there shall be provided, when required by the Orange County Fire Marshal, on-si~e ~ire hydrants and mains capable o~ supplying the required fire flow. (3) Illuminated directional a~dress 'signs to be inscalled at locations de- termined by the Orange County Fire Marshal. c Minimum Standards, Public ~orks. Any missing or damaged street improvements, including, but not limi=ed ~o the following will be required: curb and ~ut=er, sidewalk, drtve aprons, s=reec -. REV: 1-82 LU-2-70 RE-'~; 1- 79 Tim condomin/um conversion shall comply with the requirements and intent of the ' develo .l~enc re&relations and code requirements as adopted by the City of Tuscin, includin$, buc hoc limited co, the following: (1) Sound attenuation be provided in a manner specified by an acoustical engineer as approved by the Building Official to sacisf7 the £ncen= Chapter 35 of the Uniform Building Code, 1976 Edition, and of Cali° fornia Admin~s~ative Code Ti LLe 25;- Chapter ~, Subchapcer 1, Article -" 4, Section 1092. Ex=e~or freevay noise shall be attenuated to for~- five (45) d~A inside the units. (2) CompLtance with the Security Ordinance to provide deadbolt locks, window locks, security light/rig and those ocher items required by scoff co ~eec the lncenc of the ordinance. (3) 0~e-hour rated fire valls sha~l be provide~ becween units. Fire decac- cion devices shall be pcovide~ for all units. (4) Plans of che ex/scin~ scruccures shall be reviewed for code confor- mance wiCh che applicable Un/form ~u~lding Code under Scare law. The. Bu/ld/n~ 0fl/rial shall require ~provenencs, cor=eccions, replace- 'le~c of decrtme~cal components as detecto/ned necassaz'7. A report shall be subnicced by the applicanc on general scruacural condi- tions, addrassin$ foundation, f~aming, inter,or and exterior wall coverin~s, roof, plumbin~, elec=rical wiring, utility connec=ious, built-in household appliances, heating and 'cooLing sysc-.-* and evaluation prepared by an independen= state licensed struccura~ engi- neer, arch/cart or general concrac=or. Said repor~ shall address di=ion and expected remaining useful Life of each respective loam. (5) A pest lnforsacion report addressing the present condition off the structure as lC may be affected by term/cee, dry. roc, roaches, or ocher insects,' and taco----riding work required, if any, to render structure fr.ee o~ infestation. · Hinimum Standards, Planning (1) Plans and reports shall be. submitted on all interior and exterior cos. mecic improvements, new interior amenities and appliances and renova- tion of common areas Co current landscaping requirements. (2) Thac covered patios, entry ways and roof cop recreation patios shall hoc be considered open space to satisfy provisions of =he Planned velopmenc (PD) Dlscricc. (3) Covenancs, conditions, and restrictions shall be submit=ed for review and approval by the Communicy Development Depar=menc and City Actorne' :which shall cou~a/n ac a =inimum: (a) The formacion of a 'Co--,,,-tcy Associaciou' to provide [or the maintenance of che common area. (b) Disclosure of management agreemencs, main=anance provisions, ac- cass for emergency repairs, easements, etc. (c) Allocation of off-street parking spaces for residen~s and tuescs shall be given a notice of lnte~ to convert ~f one hundred · .. _ =~ ~uw] ~Ys ~n ~=o=~ca ~=h S=a=a law. aPp~can= s~l su~: a =a~n= =~oca=lon/p~c~se plan con=~~ d~o~en~ ~ of ~ha C~ of C1~ app~ov~ of ~ha conve~on and ~o r~ ~ ~e~cs for one h~r~ ~en~ ~10) ~ys '' ~:_"~~~ ~~s ~:ar C~ approv~ a~ who ~ve no~ been ~v.~ ~:~ noc~ca ~ the dav~o~ of the incensed couve~lon prior to b~~~ a Ce~C. ~e r~ocac~on assist~ce benefit s~--' ....... !~ ~ae ca~ncs o~ c~e ~C. ~a ~~c of - ~u=n srenc pa~a or a ~n~ mo~c of seven h~ad dolors ($750.00), ~chever ~s sraacer, per dw~ll~ ~l=. ~enc red~=2on or ~iver ~7 ~ ~1~ for co~ideracion. ~e ~ni- ~ ~~ ~7 be ~ncreased fr~ ~ ~o C~e bF resoluc~on of one C~C7. (b) ~ ~ event ny rencs be ~re~ed fo~o~ approv~ of a cenca- Cive nap' or use'pe~c ~chouc prior C2~ Co~c~ approv~ resolucion or ~ce order. ' . (c) A ~rcenCa~e or ~l~r ~sco~c sh~l be offered Cannes 'Co ~~se c~ ~c co~eCher ~ch speci~ fl~ncin~ mecha~s~ oc P=~ase (d) Pr~sio~ for s~ci~ procecctou of lo~er ce~ occupancies or ~cer ~h ~sisc~ce sh~l be available co households Of elderly (s~cy (~0) years of a~e or older), the ~sabled, as f~n~ ~n ~Ced Scaces Code, T~Cle 42, SecC~on ~23, or ~nd~cap- P~ ~rsous, as daf~n~ ~ c~ C~fo~a ~e~ch ~ Safety Code, Secc~ou ~0072. (e) (f) Pro~.tsions shall be ~ade for refund of cleantn~ and security poslts; add/tional cash payments for movin~ or inconvenience ex- penses (c/me off from work, crausporcation, etc:); availability of a r. elocac~on coord/nator; directory of available units or' ocher relocation assistance; and other provisions ~o assist Can- anCs in relocation or purchase. Agreemenc shall be made Chat no tenants shall be unreasonably disturbed during bu~.Lding, remodeJ.tng or sales activity, and cape in an emergency situation, 'shall be ~ranted ~o (2) days' notice prior co requ/rinK access for'repair, improvements, £n- spec=ton or showinK co prospective purchaser or ~or=Ka~ee. Pro- vided fur=her chat no tenant shall refuse reasonable access for such purposes. (Ord. No. 821, Sec. I 2-19-80; Ord No 872, Sec. I, 8-2-82) ' ' ' REV: 1-83 LU-2-72 9:~7,4 ~ DEW15LOPMENT DISTRICT (P-D) The P-D, P~---e4 De~elopmez~ D~~ ~ he~57 au~o~ m ~de for ~en ~y ~ ~~ ~ ~ '~" ~~ ~ ~~ ~ a ~--~ Development D~~ ~-D), ~~ ~ a ~ ~t ~ ~H~on f~ a ~ ~ ~ ~~ ~ be ~mp~ ~pl~ ~lopme= pi--, ~d ~hi~ ske~ sho~g ~ ~ for plnn-~ ~1~~ ~e ~ ~d ~ ~ ~joi-ing 1~ ~e de~ ~d ~~, ~ne~ s~e, LU-2-10 TUSTIN ClTY CODE ZONING 922¢b loca~on and us~ of all buildings and ~ to b~ placed on the site, and the l~.ation and 1.. Conde~-~,~-~,,,, as defined in Section. 1350 of the Civil Code. 2. community apartment project as defined in Section 11004 of the Business and i oProfessions Code.- .. · 3. Stock cooperatives as defined in Section 11003.2 of the Business and Professions Code. 4. Btmgalow courts. - 5. Apartment houses. 6. One perr-~,~ent resident manager's office devoted solely to the ren~ml of the dwelling units on the ~me parcel, ' provided said office and surrounding grounds retain a 7.- Acce~or~ bu~l~. 8. All uses that are subject to a Conditional Use Permit in the R-1 DistricL 9. Senior citizen developments, rest homes and homes for the aged, provided all provi- sions set forth for this district are complied with.. · 10. ]~ome occupations in accordance with ~-~ Chapter. 11. Day nursery. Large f~,-~ly day care homes, caring, for seven (7) to twelve (12) e~]dren subject to the standards contained in the R-1 District regulations, (Section 9223a6.).(Ord. No. 911, Sec~ 4, foregoing uses are subject to the followihg minimum and maximum limitations: 1. Maximum heigh~z 30 feet. 2. l~-~,-um builJ~-g site: 10,000 square feet. 3. l~*-um lot width at property line: 100 feet. . 4.. ]~,,~mu,, front yard setback: as required for primary uses in ~he district. 5. l~,,~m-m side yard setback: as required for primary uses in the dislmict. 6. Minimum rear yard Setback~ as required for primary uses in the district. 7. Off-street par~ng: One (1) space for each staff' member plus one (1) loading space for each eight (8) children. Loading spaces shall he located for easy circulation and shall not interfere with other required 8. Building requirements and indoor and outdoor space required per child are estab- h'~hed by ~he City of Tustin Uniform Building Code and by the State Department of Social Welfare. LU-2-11. TUSTIN CITY CODE ZONm m play area, shall be ecreened f~om ~rro~ 'prope~'ee by a mx-foot ei~l~illg~ h~ Solid wa~ or fence, ~ wllen play areas abut public park or 'I0. Structur~ propoeed for use as a day:nursery or a n.dreer~ school shall be inspec~ (Ord. Nm~ 175, Smcs. 2, 8; Ord. Nm' 330, ~c. 2a; Ord. No. 372, ~ 3; Ord. No. 553, Sec~ 3; OrcL Any app~ for a use permit in ~h~. distm~ ahall comply With Section 9291 and be mabmit~d to.the Planning Co--,-t-~_'on and -__,~x,__,~.-,,,,~ _~l by complete preliminary ~ !,,,r1: the desis:n, and character, 1_~,,,4 _~n_~,i~, 8'en~ size, location and use of all buildh~ and stae~mr~ to be placed on ~ site, location and ai~ensions of · and egreas of fire f~h~ equipme~ fire hydranta and o~ ~ p~~on ~ ~ ~~ ~ ~ ~ ~ ~ ~ (~ No. 175, ~ 8) ~ f~ a ~ ~i* f~ ~ ~~n~ ~ p~~ ~ ~e P-D ~~ ~ ~~ ~~ ~ ~ pl~ p~ ~ ~ a wor~le ~ ~ ~~ ~ ~ ~ ~ ~ b~~; ~~ l~on ~ off~ree~ parkiug, physical fes~res such as trees, hy~~ el~c ~ f~~ ~~ LU.2.12 ZON~G 3. Water drainage.and run'Off shall, also, be approved by :he CiTy-Engi- neer of Tus~, prior ~a approval of developmen= plans by the Planning ~sion. (Ord. N~. 175, Sec. 8) .. · · '1. A~r development in.~ D~~~ ~ ~ s~~~ ~y a solid red-. ~ or c~r f~e-or ~~ w~l ur ~~~on ~er~f. However, f~e ~ng ~y ~~~ ~e ~u=~g a s~c, ~ey or aC ~iveway All ~ yards shaJ.1 be landscaped.-.and main~ed in accordance w'/.~.h ~he approvmi landscape plan. 3. I£ any pax=el z~ned P-D is ~ be developed in accordance wi:h :he l=~risions 'sec £oreh £or ~his Dist. wi~c and sa~d parcel abu=s a hoc im~z~ved' C~ City s~laxd, ~e ~r. ~1 ~~ca ~e necess~ . 4. ~ ~ c~~on ~ ~e collec~on ~e~ s~ be s~~ded on. ,~ 1mC ~ si~ ~ a fi~ (5) f~c fete or blo~ w~l, ~~ access ~ ~ ~ ~e ~e~ for ~~ ~ g~age col- ~ ~-~n~~ ~~~n og b~~~ wi~ a ~ of open ~e ~~ e~ ~ b~~g c~is~g of co~, ~~ays ~d ~~c ~ play ~~ ~ re~ea~~ ~e~ for ~1~ ~d ALL off-s~eeC paxkinq areas hoc under cover shall be screened from =he view of surz~undinq residen=s or Cenen=s of :he project by a fence or shrubs and bushes whose normal gr~ is noC less than four (4) 7. All poin=s of vehicular access t~ and from off-sUreeC parking ~eas ~g~. ~m~r a prince ~iv~ay ~C~s onto s~d p~lic righc- of-~, a s~p si~ ~=~l be erred ~d ~in~ed ac su~ e~= ~inc ~.'~~ reaso~le ~fic safety. .* All 'surfacing maCerials of driveways and off-stree= parking areas · - REV: 1.-82 LU-2-L3 T~~ CZTY CODE ZONZNG 9224e~_ 9: ALt LnCez~.o~ s~:ee~s and pri.v&C~ clr~ves shall be co~~ed ~o ~e s~~ ~ ~e ~. S~~ ~-so co~~ need ~ be accep~ad ~ ~ ~; (~d. ~. L75, S~. 8) . ~ s~c s~ (a) None, exc~epc as ~hn~.cad here~n belov, (b) ~ten a toc ~.n the PO d~scricc abucs ac any po£nc a~or~ £cs prop- ercy ~nes or ~s d~r~c~7 ~ross a screec oc ~ley from properc7 zon~ l-A, E~ or l-I (dev~op~ or ~d~oped), ao ~iu bu~d- t~ s~l be erKc~ o~ saLd ~ ~oc co a s~ry, ancot, cwncy (20) feet, ~ich~er is ~re rescricctve, ~chin o~ h~r~ [ifc7 (~0) feec o~ sa~d ~, E~ or ~-~ zoned 'p~fcy, ~~s chi Pl~i~ Age~y ~.h~l grant a co~ic~oaal h~hC ~ ~c~ C~ee (3) sco~es, a~/or fL~cy (50) feec, ~ch~er Ls ~re re~cr2cc~ve, ~ch~ chree h~dred C~00) sa~d ~, E~ or"~-I zou~ (d~eLoped or ~deve~oped) property, C~c~8. (0cd. ~. 2q, ~c. ~; Ord. 2. Sic:bi ~u~ p~~ ~ ~e ~O O~~ o~ ~ o~er O~s~cC hOC sec fo~ ~ P~a~a~ (a) ~~, ~ere s~l be a r~red side ~ong ~= si~ p~ ~e of no= less ~ five (5) r~ess of ~e h~= of ~e ~ll~g on ~e (c) ~nen any EnCa~lor side p~ope~-~ line of a LoC in =he Dis=rice abuts a lo= or lo~s having Zone classi~ica~.ions of R-A, E-4, ~r R-1 and any ocher Dis~c=, Paragraph (a) shove shall apply in =/xe de=er- mina~.ion of =he ~ed side yard along ~ha= eh=ire in=erior side p~e~ "line. PET: ~-82 LU-2-~ 4 CITY CODE (~ On c~ner lots, the side yard on the sireet side shall not be' less than ~en (10) ffee~. (Ord. No. 175, Sec. 8) . · · (~) When any loc zoned P-D lure a rear proper~ l~e abuCCing' proper~ in me..l~.~ E-4 or Ibl ~ ~ch ~.elling shall have a required rear yard of hoc titt.~ (1~) fm with lamizcap'.u~. (b) When any 1o$ zon~ P-D has a rear proper~y line abut~ug a loc in any other · ~ no~ set forth in'Paragraph (a) above, there shall be a required rear yard of nm leto than tan (10) feet,. .-. (c)' Wh~ a~ lot in the P;D District has a rear property line co,--,-n to a property · li~ ot' alm or Iota having zone cla~iflc~on of'R-A, E.4 or R-1 and any other ~ para~'~h (a) above shall apply in the detarmi-~t, lon of the required ~ yard aldng that enUr~ r~r. pr~per~ li~ (Ord. No. 175, Sec. (a) Th~ following uses ~ be suigec~ to th~ following,-~,,~,-um s,pmre feet of gross nmm; unit, there shall be an additional one hundred (100) square feet of grosa floor area. (Ord. No. '175, Sec. 8; Ord. No 790, Sec. 2,'2-20-79) M~mma a~--~r ~f ~ f~ raq~trad for ,ach houaekeeping unit · There shall be ne miaim~ lo~ sim esU~blishea in any P-D Pl-,-ed Developmenf~ ]~m~ver, the minimum number ~' square fe~ ~' land requ~ for each family or houaeimeping un/t in a P~---~ D~lopmm~ shall be ~s desi~ by the number following the ~ "P-D" on the part/cu~ O/~c/~ Zon/ng Map. 'I'h/a provision shall not govern an7 P-D PI--- ~,~i ~opment Zone esUbliahed prior to ~e adop. tiaa of'~ Submcfi.o= (Ord. No. 248, .Sec. 3) A r,.i.,.i,,,.,- of' tour hundred (400) .square feet of open space recreafi.on area she/] be provided per ~ unit with/n a _co,,m-_u ~esignaf~d recreation area. Priva~ at;t, ach~/round level ~ may be credit, ed toward' the open space requirement: if reat:ric~ to only permit covers open on three (3) sides. In add/fi.on to the recreat/on ~,,1! be 1,,,,~_~m,_l~_ - (Ord. No. 175, Sec. 8; Ord. No. 8/51, Sec. 1, 6-1.~1; Ord. No. 906, Sec. 1,"~.21-84,) - ' LU.2.15 TUST/N CITY CODE ZONING 9224(g)_7 7. Oil'-strut par~-~ · A minimum of two (2) assigned covered park~-~ sp..aces Shall be provided per Additionally, one (1) unassi~ed open guest park~,g space shall be provided for every' four (4) ,,-its. (Orch NO. '575, Sec. 2; Orch 2/o. 906, Sec.' 2, 2-21.84) 8. Sub,.vis/on of pro~ development under the district "Upon completion of a property developmen~ in the P-D District, no portion df the property involved in said development shall be severed or sold, ,,nless said severed parcel and the development thereon complies with all provisions set forth for the P-D · District and is approved by the Director. of Comm .t~nity Development prior to such subdivision. (Ord. No. 175, Sec. 8; Ord. No. 906, Sec. 3, 2-21.84) 922~ DUPL~IX P..E~~ DISTR/CT (18.-2) REV: 7-84 LU-2.16 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 RESOLUTION NO. 2543 A RESOLUTION OF THE PLANNING COMMISSION OF THE dITY OF TUSTIN APPROVING VARIANCE NO. 88-10, GRANTING EXEMPTIONS TO SECTIONS 9224 g.1, 9224 g.7, 9274 d.1 AND 9274 d.3 OF THE TUSTIN MUNICIPAL CODE. FOR THE SYCAMORE GARDENS STOCK COOPERATIVE. The Planning Commission of the City of Tustin does hereby resolve as follows: I. The Planning Commission finds and determines as follows: A. A proper application, Variance No. 88-10, has been filed on behalf of the Sycamore Gardens Homeowner's Assocation, requesting exemption from Sections 9224 g. 1, 9224 g.7, 9274 d. 1 and 9274 d.3 of the Tustin Municipal Code, as they pertain to the proposed conversion of the Sycamore Gardens from Stock Cooperattve into a condoml ni urn. B. A public hearing was duly called, noticed and held for said application on Monday, November 14, 1988. C. Sycamore Gardens was developed as a 100 unit apartment complex in the 1960's and converted into a stock cooperative in January, 1980 while under County jurisdiction. D. The Sycamore Gardens Stock Co-op was annexed into the City in December, 1980 as part of Annexation No. 109. E. The applicant is seeking a variance to gain exemption from the following Code Sections and their requirements in order to convert from a stock cooperative to a condominium: 1. 9224 g.1 - requirement to obtain a use permit to allow structures on property adjacent to R-1 zoned property to exceed one-story and/or 20 feet in height. There are 10 existing two-story buildings on the subject property, all of which exceed 20 feet in height. . 9224 g.7 - requirement to provide two (2) assigned, covered parking spaces per unit and one (1) open, guest parking space for every four (4) units. Currently, there are 138 assigned, covered spaces and 27 open spaces for tenants on a first come, first served basis. As it is layed out, there is no room to pick up additional parking on the site without moving structures. 3. 9274 d.1 - requirement to satisfy the intent of Chapter 35 of the Uniform Building Code, 1976 Edition, and of the California Administrative Code Title 25, Chapter 1, 1 2 3 4 5 6 7 8 9 10 11 12 13 1.4 15 16 17 18 19 20 21 22 23 24 25 26 27 28 Resolution No. 2543 Page two F. Subchapter 1, Article 4, Section 1092 pertaining to sound attenuation between units. The project was built prior to the requirements for sound attenuation. . 9274 d.3 - requirement to provide one hour fire rated walls between units. The units were built prior to this standard. In granting this Variance, the Planning Commission makes the following findings: Ge 1. That there are unusual and exceptional circumstances pertaining to the proposed use of the subject property that do not pertain to other properties in the same zoning district, in that the subject property is the only existing stock cooperative in the City, and proposes to change the nature of ownership interests. It is not an apartment project. 2. That the granting of this Variance is necessary to preserve a substantial property right of the applicant, which right is enjoyed by other property owners in the same zoning district (R-3), in that the subject property is an existing development built prior to current City, State and Uniform Building Code requirements, and is cost prohibitive for the applicant to comply with these requirements, and without these exemptions, the stock cooperative cannot convert to a condominium and shareholders will not be able to enjoy the same ease in selling their ownership interest as readily as condominium owners in the same zoning district. . That the granting of this Variance will not be detrimental or injurious to surrounding properties, in that the subject property is maintained in very good condition, and would continue to be so following a conversion to condominium ownership. e That the granting of this Variance is not contrary to the City's General Plan, in that condominiums are a permitted use in the Multiple Family Residential land use district. The establishment, maintenance and operation of the use applied for will not be injurious or detrimental to the property, and improvements in the neighborhood of the subject property, nor to the general welfare of the City of Tustin, and should be approved. 1 2 3 4 5 6 7 8 9 10 11 12 13 14 1'5 16 17 18 19 21 22 23 25 26 27 28 Resolution No. 2543 Page three H. A Negative Declaration will be prepared .in conforn~nce with the California Envi-ronnmntal Quality Act. II. The Planning Con~nission approves Variance No. 88-10, granting exemptions from the requirenents of Sections 9224 g.1, 9224 g.7, 9274 d.1 and 9274 d.3 of the Tustin Municipal Code as they pertain to the conversion of the Sycamore Gardens Stock Co-op from a stock cooperative into a condomlnium, subject to the conditions contained in Exhibit A, attached hereto and nmde a part hereof by reference. PASSED AND ADOPTED at a regular neeting of the Tustin Planning Commission, held on the .... day of , 198___. A: L. Baker Chairnmn Penni FoleyI Secretary EXHZBZT A Resolution No. 2543 Varlance No. 88-10 Conditions of Approval 1. Unless othenetse specified, the conditions contained in this exhibit shall be complied with prlor to approval of a ftnal tract map for conversion to a condominium; or prior to issuance of a Certificate of Compliance for said conversion, whichever shall occur. 2. Thts variance shall become null and void if the conversion proces~ Is not completed within t~elve (1.2) months of the date of this approval. . Solid self-closing gates constructed of either wood or metal shall be installed on all trash enclosures. 4. Stop signs shall be installed at all points of vehicular access onto public rights-of-way. Said signs shall conform to the City's Public Works Department Standards. 5. Landscaping and irrigation plans (in conformance wlth the City's Landscape and Irrigation Submittal Requirements) for the dirt planter strip adjacent to the easterlY and southerly property lines, shall be submitted for review and .approval by the Director of Community Development. Landscaping and irrigation improvements shall be installed prior to completion of the conversion process, or the applicant shall post a bond with the City tn an amount to be determined by the Community Development Department to guarantee Installation of said .landscaping. 6. Existing A.C. driveways shall be resurfaced (all work complete) with a minimum of one (1) inch of new A.C. paving no later than July 15, 1.989. The applicant shall post a bond in an amount to be determined by the Community Development Department to guarantee completion of said work. 7. The applicant shall schedule an inspection of the property by the Orange County Fire Department and a report of this inspection shall be provided to the Community Development Department. 8. The a~plicant shall comply with the City's Security Ordinance by providing dead bolt locks, windo~ locks and security lighting as necessary throughout the project. 9. The applicant shall provide to the Community Development Department a report on general structural conditions, addressing foundations, framing, interior and exterior wall coverings, roof, plumbing, electrical wiring, utility connections, built-in household appliances, heating and cooling systems and sewer evaluation prepared by an independent state licensed structural engineer, architect or general contractor. Said report shall address condition and expected remaining useful life of each respective item, recommending work required if any, to correc~-~-any deficiencies. All necessary work shall be completed prior to Exhtblt A Resolutlon No. 2543 Page two completion of the conversion process, or the applicant shall post a bond with the City in an amount to be determined by the Community Development Department to guarantee completion of said work. " 10. The applicant shall submit a pest information report (performed within the last calendar quarter) addressing the present condition of the structures as they may be affected by termites, dry rot, roaches or other insects, and recommending work required, if any, to render the structures free of infestation. All required work shall be completed prior to completion of the conversion, or the applicant shall post a bond with the City in an amount to be determined by the Community Development Department to guarantee completion of said work. 11. The ~ppltcant shall sign and return an "Agreement to Conditions Imposed" form, stating agreement to comply with the conditions placed upon this Variance. SR:ts Planning Commission DATE: NOYEIqBER 14, 1988 SUB,1E CT: ZONING ORDINANCE AMENDMENT 88-6; ADDITION OF CODE SECTION 9273 (e) EXEMPTING LEGAL CONFODMI NG PROPERTIES FRDM BECDMING NON-CONFORMING DUE TO PUBLIC RIGHT-OF-gAY ACQUISITION BY THE CITY ENVI ROItIEHTAL STATUS: A NEGATIVE DECLARATION HAS BEEN PREPARED AND FILED TN ACCORDANCE WITH THE CALIFORNIA ENYIRDNMENTAL QUALITY ACT RECOII~ENDATION It is recommended that the Planning Commission adopt Resolution No. 2541, recommending to the City Council approval of Zoning Ordinance Amendment 88-6, exempting legal conforming properties from becomtng non-conforming due to public right-of-way acquisition by the City. ' BACKGROUND Road widening projects often require the acquisition by the City of additional right-of-way from private property owners. These acquisitions may from time to time result in reduced building yard setbacks, lot area or other minimum standards contained in the zoning code, thus rendering a property non-conforming. The result is a property owner's privileges of use and development of a property may be reduced or limited despite the direct benefit that selling of their property to the City would have on City residents. Under the current provisions of the Tustin City Code related to Non-conforming Uses and Structures (Section 9273), a property which was at one time legal and conforming to all the development standards, but, for some reason no longer satisfies minimum zoning code requirements would be considered legal non-conforming (Attachment A). Legal non-conforming uses and structures can not be expanded or modified beyond the area which it presently occupies. DISCUSSION ii i The proposed' code amendment provides that any legal conforming land use, property, or building can maintain its legal conforming status if City acquisition of right-of-way creates a non-conforming condition on the property. The acquisition of public right-of-way may mean that a property no longer satisfies the minimum front yard setback, minimum lot area, or minimum width requirement ~s~specif~ied in the Zoning Code. Planning Commission Report November 14, 1988 Zoning Ordinance Amendment 88-6 Page two In o~der to exempt these situations from becoming non-conformities, a new Code Section, 9273 (e), is proposed which would read: "Any use of land, building, or Structure which is legal and conforming to all provisions of this Zoning Code, as of the date of adoption of this ordinance, and made "non-conforming" either in design or arrangement due to acquisition of public right-of-way by the City, shall be exempt from a non-conforming status and the provisions of Section 9273, Non-conforming Structures and Uses, unless it is established by the Department of Community Development that such use, building or structure, creates a II nuisance or is a threat to the health, welfare or well being of City residents. COIICLUSIOll Staff believes that labeling a property non-conforming due to public acquisition of right-of-way is an unnecessary hardship and inequitable. Typically, the property owner did not create the non-conformity by his own action, but rather by the City for the benefit of the community as a whole. The proposed amendment would maintain the privileges of a legal property, even though the property may be substandard due to public right-of-way acquisition. DF :pef:ts Attachment: Zoning Code 9273 Resolution No. 2541 Chrl'$tlne Shing~eton/ Director of Community Development ,,, Corn r'nunity DeveloPmen~ Depar~r'nen~ TUSTIN CITY CODE ZONING ...... 9272~(6) (6) Minutes ~Shall be kept. of Board of Appea. ls meetings, indicating recommendations - of staff, proposals by the applicant, and action taken by the Board in =he re- view of subjec~c proposals. (Ord. No. 58?, Sec. 2) 9273 NON-CONFORMING STRUCTURES AND US~S (a) Except as o~herwise provided in ~his Section, uses of land, buildings, or s~ructures existing at the time of the adoption of ~his Chap=er may be con- tinued, although ~he particular use, or the building or structure does no= con- form =o =he regulations specified by ~his Chapter for =he district in which the particular building or s~ructure is located or use is made~ provided, however, no non-conforming structure or use of land may be extended =o occupy a greater area of land, building or s~ructure than is occupied at the time of =he adoption of this Chapter. If any non-conforming use is discontinued or abandoned, any sub- sequent use of such land or building shall conform =o the regulations specified for =he dis~ric~ in which such land or building is located. If no structural alterations are made ~herein, a 'non-conforming use of a non-conforming building may be changed to ano~ler use of =he same or more restrictive classification upon =he securing of a use permit. If the non-conforming use is replaced by a more restrictive non-conforming use, =he occupancy =hereafter may no= revert =o a less restrictive ~se. If any use is wholly discontinued for any reason except pursuant to a valid order of a cou~ of law for a period of one (1) year, it shall be conclusively presumed =hat such use has been abandoned wi=bin the meaning of =his Chap=er, and all future uses shall comply with ~he regulations of =he particular district in which the land or building £s located. (Ord. No. 157, Sec. 6.1) (b) Any building or structure, existing at =he date of adoption of =his Chapter, which is non-conforming either in use, design, or arrangement, shall not be enlarged, extended, reconstructed, or structurally altered, unless such enlargement, extension, reconstruction or al=era=ion is in compliance with =he regulations set forth in this Chapter for =he district in which such building or structure is 'located~. provided, however, that any such non-conforming building · or structure may be maintained, repaired or portions thereof replaced, so long as such maintenance, repairs or replacements do no= exceed fifty percent (50%) of ~he building"s assessed valuation, as shown on =he las= equalized assessment roll of =he City of Tustin. The Planning Department of =he City of Tbs=in may send, by certified mail, return, receipt requested, to the owner, as shown on the last equalized assess- men= tall, of any non-conforming building or structure, or of any property upon which any prior non-conforming use exists, a demand ~hat said owner shall furnish =o the City of Tbs=in a statement, under oath, on a form submit=ed for said purpose, setting forth a detailed description of said use. Said statement shall be filed with ~he Planning Department of =he City of Tbs=in within thirty (30) days from the date of such demand. Upon any failure to duly file such a statement, as herein provided, said building, structure and .use shall conform to all regulations of the zone in which i= is located wi=bin thirty (30) days after such failure. (Ord. No. 310, Sec. 1) P. EV: 1-82 LU-2-69 9273(c) TUiTIN CITY CODE ZONI.NG . (c) A non-conforming building, destroyed to 'the ex=ent of more than fifty percent (50%) of i~s reasonable value a= the time of its destru~ion by fare, explosion or other casualty or act of God, may be restored or used only in com- pliance wi~h the regulations, existing in the distric~ wherein it is located. (Ord. No. 310, Sec. 2) (d) The provisions set .forth in (b) and (c) abbve, shall apply to struc- tures, land and uses which hereafter become non-conforming due to any re- classifica=ion of districts under this Chapter; provided, however, that public uses, public utility buildings and public utility uses existing-at the time of the adoption of t~his Chapter, or existing at the time of reclassification of districts, shall hot be considered non-conforming. (Ord. No. 319, Sec. 3) 9274 MULTIPLE 8WELLIN~ CONVERSION STANDARDS · , ./ ~a Conversion subject to other code provisions · Conversion of multiple dwelling units to condominiums as defined tn Section 1350 of the Civil Code, Community Apartment Projects as defined in Section 11004 of the Business and Professions Code or Stock.Cooperatives as defin~ed in Section 11003.2 of the Business and Professions Code; shall be required to conform and be consistent with the regulations and/'provisions of the following: (1) Part 9, Administration of~this/Chapte.r concerning application for and action on a use permit. (2) Chapter 3, Subdivisions of ~he Tustin City Code. (3) Section 9.224, Planned Development District (P-D) of Part 2, Residen- rial Districts, of this Chapter. · (4) The Tustin Area General Plan. / . . b Minimum Standards, Fire / /' . // . (1) Access roadways shall be extended, to within'two hundred fifty (250) feet of all' portions of ·{he exterior walls of the first story 6f any building~ Where the access roadway cannot be provided, approved fire 'protection system or/systems shall be" provided/as required and ap- proved by. the Orange Co.un/ty Fire Marshal. A/turn-around radius of a minimum, of thirty-five·(35) fee= shall be provided when access road extends over one hundred fifty (150) feet from street with any one poit~t of e~ress. (2) An approved water supply capable of supplying required fire flow for fire protection shall be provided to all premises. When any portion of the building protected is in excess of one hundred fifty (150) feet from a water supply on a public, street, there shall be provided, when required by the Orange COunty Fire Marshal, on-site fire hydrants and mains'capable of, supplying the .required fire flow. (3) Illuminated directional address si§ns to be installed at locations de- termined by the Orange County Fire Marshal. Minimum Standards, Public Works · Any missing or damaged street improvements, including, but not limited ~o the following will be required: curb and gutter, sidewalk, drive aprons, street REV: 1-82 nU-2-70 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 IG 17 18 19 2O 21 22 23 24 25 26 27 28 RESOLUTION NO. 2541 A RESOLUTION OF THE PLANNING CQMM~SSION OF THE CITY OF. TUSTIN RECOMMENDING TO THE CITY COUNCIL ADOPTION OF ZONING ORDINANCE AMENDMENT 88-6, EXEMPTING LEGAL CONFORMING PROPERTIES FROM BECOMING NON-CONFORMING DUE TO PUBLIC RIGHT-OF-WAY ACQUISITION BY THE CITY The Planning Commission of the City of Tustin does hereby resolve as follows: I. The Planning Commission finds as follows: A, A public hearing before the Planning Commission to consider Zoning Ordinance Amendment 88-6 was duly called, noticed and held on Monday, November 14, 1988. B. A Negative Declaration has been prepared in conformance with the California Environmental Quality Act; no significant, adverse impacts are associated with this Zoning Ordinance Amendment. C. The subject amendment is in the best interest of the public health, safety and welfare in 'that it will not penalize legal conforming properties for becoming non-conforming due to the community wide benefit of public right-of-way acquisition by the City. D. The subject amendment is consistent with the General Plan in that it will not negatively impact the orderly growth and development of the City. II. The Planning Commission hereby recommends to the City Council approval of Zoning Ordinance Amendment 88-6 as follows: A. Section 9273 (e) shall be added to the Tusttn City Code to read as follows: "Any use of land, building, or structure which is legal and conforming to all provisions of this Zoning' Code, as of the date of adoption of this ordinance, and made "non-conforming" either in design or arrangement due to acquisition of public right-of-way by the City, shall be exempt from a non-conforming status and the provisions of Section 9372, Non-conforming Structures and Uses, unless it is established by the Department of Community Development that such use, building or structure creates a nuisance or is a threat to the health, welfare or well being of City residents." 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 21 23 24 25 26 27 28 Resolution No. 2541 Page two PASSED AND ADOPTED at a regular meting of the Planning Commission of the City of Tustin, held on the ....... day of............. , 1988. A'. "L. Bak6r ...... Chairman ~enniI Foley' ' ' Secretary Planning Commission DATE: SUBdECT: NOVEMBER 14, 1988 DRAFT GRADING AND EXCAVATION CODE AND. MANUAL RECOI~ENDATION It is recommended that the Planning Commission set a workshop session, on the subject documents. BACKGROUND The Planning Commission at their meeting on October 26th received and filed a draft on the subject Ordinance and. Manual and requested that staff agendize scheduling of a future workshop on the documents. Director of-Community Development CAS: ts Planning Commission DATE: NOYEMBER 14, 1988 · SUB,]ECT: TRANSI~tlTTAL OF PROPOSED SECOND AHENDMENT TO AMENDED REDEVELOPHENT PLAN FOR THE TOHN CENTER REDEVELOPHENT PROJECT RECOIg4ENDAT1;ON Receive and file; agendize further actlon on the Amendment for the Planning Commission's November 14th meeting. BACKGROUND The Tustln Redevelopment Agency has prepared a proposed Second Amendment to the Amended Redevelopment Plan for the Town Center Redevelopment Project ("Second Amendment" ). 'The prOposed Second Amendment contains some 32 amendments changing, deleting and adding language to the Plan. The majorlty of the changes update terminology In the .Plan consistent wlth recent changes tn the Community Redevelopment Law and clarify the meaning of various provisions. The four primary components of the' proposed Second Amendment are: 1) continuing of the Agency's eminent domain authority for an additional twelve years, 2) adding certain public Improvements and facilities to the llst contained in the Plan; 3) restating the exlsttn9 tax increment limit of $3 million per year as $90 million over the life of the Project; and 4) increasing the amount of bonded indebtedness that can be outstanding at any one time from $20 million to $35 million to cover all existing Project debts as well as any additional bonded indebtedness that may need to be incurred as a result of the additional programs proposed. Pursuant to Section 33458 of the California Community Redevelopment Law, the Planning Commission is responsible for determining whether the proposed Second Amendment conforms to the General Plan and for making and filing its report and recommendations on the proposed Amendment with the Agency within 30 days following receipt of the proposed Amendment. It is requested that the Commission consider approval of its report and recommendations at its meeting of November 28, 1988. r s ne . n Director of Community Development CAS: ts Attachment: Proposed Second Amendment Prel t mi nary Report Communiw D~vcJoDmen! D¢oar~~ Report to the Planning Commission DATE: NOYEHBER 14, 1988 SUB,]E CT: REPORT ON COUNCTL ACTIONS - NOVEPIBER 7, 1988 Oral presentation. tS Attachments- City Council Actton Agenda - November 7, 1988 ITEM NO. 7