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HomeMy WebLinkAboutRPT 1 P.C. ACT AGENDA 12-05-88TUSTIN PLANNING COHHISSION REPORTS - NO. I . 12-5 -88 REGULAR HEETING NOVEHBER 28, 1988 CALL TO ORDER: 7:00 p.m., City Counctl Chart;bets PLEDGE OF ALLEGZANCE/ZNVOCATZON ROLL CALL: PUBLIC CONCERNS: Itetl, Baker, Le deune, Ponttous, Shaheen (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.) 1. Minutes of the November 14, 1988 Planning Commission Meeting 2. Vesttng Final Tract Map 13096 APPLICANT' LOCATION' REQUEST' ZONING: ENVIRONMENT/LL STATUS' BREN COMPANY 5 CIVIC PLAZA, NEWPORT BEACH, CA 92660 LOTS 11 AND 16 OF TRACT 12763 AUTHORIZATION TO SUBDIVIDE 13.14 ACRES INTO EIGHT (8) NUMBERED AND EIGHT (8) LETTERED LOTS FOR THE PURPOSE OF CREATING A CONDOMINIUM PROJECT WITH 237 UNITS. MEDIUM HIGH DENSITY RESIDENTIAL THE PROJECT IS COVERED BY A PREVIOUS EIR (85-2) FOR THE EAST TUSTIN SPECIFIC PLAN. NO ADDITIONAL DOCUMENTATION IS REQUIRED. Recommendation' It is recommended that the Planning Commission recommend to City Council approval of Final Vesting Tract Map 13096 by adoption of Resolution No. 2542, as submitted or revised. Resolution No. 2542' A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF TUSTIN RECOMMENDING TO THE TUSTIN CITY COUNCIL APPROVAL OF FINAL VESTING TRACT MAP NO. 13096 Planning Commission Action Agenda November 28, 1988 Page two C __e~tsstoner Le Jeune moved, Shaheen seconded to approve the consent calendar (noting that a notarization mtstake on the face sheet of Map 13096 will be corrected prtor to 1ts recordation. Morton carrted 3-0 (#etl and Ponttous abstained). PUBLI'C HEAR:lNG 3. Use Permtt No. 88-23 APPLICANT' OWNER' LOCATION: ZONING: ENVIRONMENTAL STATUS: REQUEST: PACIFIC BELL 177 E. COLORADO BOULEVARD, RM 938 PASADENA, CALIFORNIA 91105 SMITH INTERNATIONAL, INC. 17832 GILLETTE AVENUE IRVINE, CALIFORNIA 92714 WEST SIDE OF MYFORD ROAD, NORTH OF WALNUT AVENUE AT 14451 MYFORD ROAD PC-I PLANNED COMMUNITY - INDUSTRIAL A NEGATIVE DECLARATION HAS BEEN PREPARED FOR THIS PROJECT. APPROVAL TO CONSTRUCT AND OPERATE A UTILITY SERVICE YARD IN CONJUNCTION WITH A FIELD OPERATION CENTER. Recommendation: It is recommended that the Planning Commission approve Use Permit 88-23 by the adoption of Resolution No. 2544 subject to the conditions contai ned therei n. Resolution No. 2544 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF TUSTIN, CALIFORNIA, APPROVING USE PERMIT NO. 88-23 FOR THE CONSTRUCTION AND OPERATION OF A UTILITY SERVICE YARD IN CONJUNCTION WITH A FIELD OPERATION CENTER BY PACIFIC BELL. Presentation' Steve Rubin, Senior Planner C_~m~tsstoner Well moved, Le Jeune seconded to approve Use Permit 88-23 by the adoptton of Resolution Iio. 2544 subject to the conditions contained therein (with the following revisions). Plotlon carrled $-0. Add ' 1.$ No on-site storage shall extend above any wall or fence height. 1.6 The applicant shall sign and return an Agreement to Conditions Imposed form to the Commantty Oevelopment Oepartment prior to issuance of any perwi ts. Change the following sections of 2.1 to read: · a. Th~",~,~roposed chain 11nk fence on the west property 11ne adjacent to the storage yard shall be eight (8) feet and match the extsttng fence on the western property 11nes. Planning Commission Action Agenda November 28, 1988 Page three bm The concrete block wall parallel to the east property 11ne shall "turn the corner' and be extended tn an easterly direction to the s11dtng gate and shall be constructed of concrete block or other decorative treatment (t .e. pilasters, urought Iron). c. A 30 foot wtde landscaped berm shall be Indicated along the street frontage of lot 6 so as to screen the unimproved portion of said lot from i~yford Road. Screening of the vehlcle servtce bays as sho~n on Exhibtt B shall also be requtred tn the event that the vehtcle servtce bay entrance Is not relocated. Add 2.1' e. A solid concrete block wall, a wimlmun hetght of stx ($) feet, shall be Installed along the southerly property 11ne of lot 7 adjacent to the rear parktng lot and tratnlng yard and along a portton of the east stde of the train1 ng yard wtth a solt d gate. NE!4 BUSINESS 4. Second Amendment to the Amended Redevelopment Plan for the Town Center Area Redevelopment Project Recommendation: It is recommended that the Planning Commission adopt Resolution No. 2545, recommending to the City Counctl adoptton of the Second Amendment to the Town Center Redevelopment project Area. Resolution No. 2545 A RESOLUTION OF THE PLANNING COMMISSION OF THE 'CITY OF TUSTIN, RECOMMENDING ADOPTION OF THE SECOND AMENDMENT TO THE AMENDED REDEVELOPMENT PLAN FOR THE TOWN CENTER AREA REDEVELOPMENT PROJECT. Presentation: Christine Shingleton, Director of Community Development Cowmtsstoner Wet1 moved, Ponttous seconded to recommend to the City Counct1 the adoptton of the Second Amendment to the To~n Center Redevelopment Project Area by adoption of.Resolution No. 2545. Notion carrted 4-0 (Shaheen abstained). OLD BUSINESS 5. Policy on Temporary Use Permtts for Cold-Att Balloons Recommendation' Pleasure of the Commission. Presentation' ChriStine Shlngleton, Director of Community Development The Comdssion dtrected staff to draft a letter to the City Council Informing the Counct1 that-.~he matter ~ould be revtewed tn upcoming discussion of the City's Sign Code o Planning Commission Actton Agenda November 28, 1988 Page four STAFF CONCERNS 6. Cit¥ Counctl Actton of November 21, 1988 t4eeting Presentation: Christine Shtngleton, Director of Communlty Development The Comd sston unanimously agreed that, since there was nothing scheduled for the December 27th meeting and there ~ould not be a quorum, ~he meeting following December 12th wt 11 be the January 9, 1988 meeting. COIqH.I:SSION CONCERNS C~tsstoner Le ~eune asked that code enforcement follow-up at Australia Hest be taken where auto washtng and detailing ts betng done tn the parktng lot on week-ends. He also asked tf Chelsea's had a permtt for a satellite dtsh. Co=missioner Pontlous asked the status of the ~latn and Prospect property. ADdO'URleqEIfr At 8:40 p.m. Co=missioner Shaheen moved, Le ~eune seconded to adjourn .to the next regular meetln§ on December 12, 1988 at 7:00 p.m. ~lotton carrted 5-0. AGENDA TUSTIN PLANNING COMMISSION REGULAR MEETING NOVEMBER 28, 1988 CALL TO ORDER' 7'00 p.m., City Council Chambers PLEDGE OF' ALLEGIANCE/!NVOCATION ROLL CALL: PUBLIC CONCERNS' Weil, Baker, Le Jeune, Pontious, Shaheen (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.) 1. Minutes of the November 21, 1988 Planning Commission Meeting 2. Vestin~ Final Tract Map 13096 APPLICANT' LOCATION' REQUEST' ZONING' ENVIRONMENTAL STATUS' BREN COMPANY 5 CIVIC PLAZA, NEWPORT BEACH, CA 92660 LOTS 11 AND 16 OF TRACT 12763 AUTHORIZATION TO SUBDIVIDE 13.14 ACRES INTO EIGHT (8) NUMBERED AND EIGHT (8) LETTERED LOTS FOR THE PURPOSE OF CREATING A CONDOMINIUM PROJECT WITH 237 UNITS. MEDIUM HIGH DENSITY RESIDENTIAL THE PROJECT IS COVERED BY A PREVIOUS EIR (85-2) FOR THE EAST TUSTIN SPECIFIC PLAN. NO ADDITIONAL DOCUMENTATION IS REQUIRED. Recommendation: It is recommended that the Planning Commission recommend to City Council-approval of Final Vesting Tract Map 13096 by adoption of Resolution No. 2542, as submitted or revised. Resolution No. 2542: A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF TUSTIN RECOMMENDING TO THE TUSTIN CITY COUNCIL APPROVAL OF FINAL VESTING TRACT MAP NO. 13096 Planning Commission Agent_ November 28, 1988 Page two PUBLIC HEARING 3. Use Permit No. 88-23 APPLICANT' OWNER' LOCATION' ZONING' ENVIRONMENTAL STATUS' REQUEST' PACIFIC BELL 177 E. COLORADO BOULEVARD, RM 938 PASADENA, CALIFORNIA 91105 SMITH INTERNATIONAL, INC. 17832 GILLETTE AVENUE IRVINE, CALIFORNIA 92714 WEST SIDE OF MYFORD ROAD, NORTH OF WALNUT AVENUE AT 14451 MYFORD ROAD PC-I PLANNED COMMUNITY - INDUSTRIAL A NEGATIVE DECLARATION HAS BEEN PREPARED FOR THIS PROJECT. APPROVAL TO CONSTRUCT AND OPERATE A UTILITY SERVICE YARD IN CONJUNCTION WITH A FIELD OPERATION CENTER. Recommendation' It is recommended that the Planning Commission approve Use Permit '8'B-23~by the adoption of Resolution No. 2544 subject to the conditions contai ned therein. Resolution No. 2544 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF TUSTIN, CALIFORNIA, APPROVING USE PERMIT NO. 88-23 FOR THE CONSTRUCTION AND OPERATION OF A UTILITY SERVICE YARD IN CONJUNCTION WITH A FIELD OPERATION CENTER BY PACIFIC BELL. Presentation' Ronald Reese, Associate Planner OLD BUSINESS ® Second Amendment to the Amended Redevelopment Plan for the Town Center Area 'Redevelopment Project Recommendation' It is recommended that the Planning Commission adopt Resolution No. 2545, recommending to the City Council adoption of the Second Amendment to the Town Center Redevelopment Project Area. Resolution No. 2545 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF TUSTIN, RECOMMENDING ADOPTION OF THE SECOND AMENDMENT TO THE AMENDED REDEVELOPMENT PLAN FOR THE TOWN CENTER AREA REDEVELOPMENT PROJECT. Presentation: Christine Shingleton, Director of Community Development Planning Commission Ageno~ November 28, 1988 Page three NEW BUSINESS $. Policy on Temporary, Use Permits for C,,o,,ld-Air Balloons,, Recommendation: Pleasure of the Commission. Presentation: Christine Shingleton, Director of Community Development STAFF CONCERNS 6. Ct,t¥ Co,,uncil Action of November 21, 1988 Meeting Presentation' Christine Shingleton, Director of Community Development ADJOURmENT Adjourn to the next regular meeting on December 12, 1988 at 7'00 p.m. MINUTES TUSTIN PLANNING COHHISSION REGULAR NEETI NG NOVEHBER 14, 1988 * CALL TO ORDER: 7: O0 p.m., Ct tlr Councl I Chambers PLEDGE OF ALLEGZANCE/ZNVOCATZON ROLL CALL: Present: Le Jeune, Baker, Shaheen Absent' Wei 1, Ponttous PUBLTC CONCERNS: (Limtted 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. CONSEIrr 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.) · I. Minutes of the October 26, 1988 Planning Commission Meeting Commissioner Shaheen moved, Baker seconded to approve consent calendar. carried 3-0. Motion PUBLIC HEARXNGS e U. se P. ermit No. 88-22 and St~)nllPermit.Ap..plication 527 APPLICANT' OWN ER: 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 1 AND 11 AUTHORIZATION TO SELL GENERAL LIQUOR FOR ON-SITE CONSUMPTION IN CONJUNCTION WITH A RESTAURANT USE AND TO INSTALL EXPOSED NEON TUBING '-~r, I~N S I GNAGE ,~ecommendatton' It is. recommended that the Planning Commission approve' 1) Use Permit Planning Commission Minutes November 14, 1988 ' Page two 88-22-by the adoption of Resolution No. 2539, and 2) apprbve the request for authori.zation to. i-~stall exterior exposed neon tublng for design embellishment but not for copy in' signage 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 The Director clarified that this was a conversion of the Bob's Big Boy Restaurant. Staff clarified that the applicant was requesting the allowable signage for the location which is one monument sign and two wall signs. The public hearing was opened. Mr. John D. Gantes, 3190 D Airport Loop, Costa Mesa, representing Faraday's ReSta~raht, stated that the neon is _not very large and is subtle. The sign will help people to recognize the affiliation to Dtmttrt's on Beach Boulevard. He clarified that the neon sign would be exposed within a circular can with no cover. Commissioner Shaheen asked if-the tubing will run inside a channel or if the tubing t s outside. Richard Purcell, representing Create A Sign, clarified that the neon (the green area of the sign) is exposed to the air, installed on a 7 inch deep metal channel that encloses all of the wiring. Faraday's is channel letters that have plastic on the front. The exposed red vertical lines are installed on a metal channel which will ltght up the bone white colored background. The letters are recessed flush to the inside of a channel. The letters (Dlmitri's Old Place Restaurant) are three and one half inches high and dark green neon tubing. Commissioner Shaheen asked what staff's objection was to the neon. Staff respohded that the copy that is proposed to be exposed exterior neon (stating Dimitri's Old Place Restaurant) would be the only neon sign in the Packer's Square center or in the vicini Commissioner Shaheen asked what type of establishment was planned. Mr. Gantes noted that it would have a traditional type restaurant with a very heavy wood accent, and he wants it to be identifiable as a successful restaurant. The public hearing was closed. The public h~aring was reopened. Mr. Gantes referred to page two of Resolution 2539, item 9, asking if this condition could'"'be removed allowing the flexibility to move the bar into the dining room. Planning Commission Minutes November' 14, 1988 Page three Commissioner Baker asked Mr. Gantes to elaborate on the type of bar that would be added. Mr. Gantes noted that it would probably be a 6 or 7 seat bar and they might move it ~' Ithe front of the restaurant. Commissioner Le Jeune asked if a permit would be needed to move the bar. Mr. Gantes assured the Commission that he would obtain all applicable permits and 1 i cerises. . The Director noted that staff's concern was that any proposed alterations to the interior floor space be reviewed by the Planning Department to insure parking requirements are met. Commissioner..Le Jeune asked if there was any cost to that process and asked if the change could be approved at a staff level. The Director stated that there was a minor application fee involved and that this project could be conditioned to that effect. She suggested that Resolution 2539, page two, condition 9 be changed to read:- "9. No fixed bar or bar seating is authorized with this approval unless all required parking for bar areas is approved in writing by the Director of Community Development." Mr. Gantes asked what the parking requirement was. The Director confirmed that the parking requirement of the current code is one parking space for every three seats, whether that seating area .is bar seating, waiting area or table area. Commissioner Baker asked if Parents Who Care had been notified. Staff responded that they were not. The public hearing was closed. Commissioner Shaheen stated that he did not think that neon was necessary or compatible With the existing signage in the center. Commissioner Le Jeune stated that he did not have a problem with the exposed neon b~ing Only thre~' inches in height. Commissioner Baker stated that he did not have any problem with the neon signage. Commissioner Shaheen brought up the neon sign at Daddy-O's resl~aurant. The Director suggested that exposed neon be limited to the design embellishment and the copy identifying the business only and not include any advertisement. Planning Commission Minul:es November 14, 1988 Page .four The publ tc h~ar'ing was reopened. C~ommtsstoner Le Jeune asked Mr. Purcell if a cover could be put on the neon, something, to keep it clean, noting that he would be more comfortable if the sign were covered. · Mr. Purcell noted that it would accumulate moisture, but that it would be possible. The Director noted that there are a number of signs like that which had to provide an enclosure to provide exposure protection for the electrical connection point as exposed connections are not ULI rated. If the sJgn Is ULI rated,-staff has no problems with the neon tubing being uncovered· The public hearing was closed. Commissioner Le Jeune moved, Shaheen seconded to approve Use Permit 88-22 with Resolution 2539 as revised. Motion carried 3"'0. Shaheen moved, Le Jeune seconded to approve, by Minute Order, exposed neon tubing for ~opy and design embellishments Subject to the Exhibit attached to the staff report Morton carrted 3-0. ' 3. .Variance No. 88-10 APPLICANT: LOCATION. ZONING: ENVIRONMENTAL 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. 88-10 by adopting 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. Presentation- Steve Rubin, Senior Planner Planning Commission Minutes November 14, lg88 Page fi ve Staff suggested the addition of the following to Exhibit A to Resolution No. 2543- "12. The applicant shall prepare for review by the City Attorney and Director of Community Development a document notifying all present and future owners that the existing structures do not amd will not meet the sound attenuation requirements of Chapter 35 of the Uniform Building Code, and of the California Administrative Code, Title 25, Chapter 1, Subchapter 1, Article 4, Section 1092 as well as the requirements to provide one hour fire rated walls between units, as required by Section 9274d.3 of the Tustin City Code; as the structures were built prior to the existence of these requirements and the applicant requested and received approval of a variance to these requirements. Upon approval of the above described notification document, said document shall be recorded concurrently with the final tract map or Certificate of Compliance and a copy mailed to all ownership interests by certified mail, return receipt requested. Verification of mailing shall be provided to the City." Commissioner Le Jeune asked if the sound attenuation and fire rating problems could be ac6omplished by one process. Staff responded that it could not and that the requirements for both items would require different steps to accomplish. · Commissioner. Shaheen asked about the requirements for smoke alarms for these units. Staff noted that all units in this project have smoke detectors. He also noted that all other items of concern on this project have either been satisfied, included as a condition of approval or not applicable. Commissioner Baker confirmed that staff was trying to avoid a hardship by either having to remove or restructure of units to provide the necessary parking requirements. He also questioned the ability of the Commission to pass a resolution to provide a financial bonus for the property owners. Commissioner Shaheen noted that the Co-op is very difficult to finance. The public hearing was opened. Mr. John St~czynski, 1833 E. 17th Street, ~111, Santa Aha, representing the Sycamore Gardens Homeowner's Association, noted that the purpose for conversion was for ease of refinance, the units are not easy to sell and it is difficult to raise money to' make improvements. He addressed Condition #8 of the Conditions of Approval of Resolution 2543, noting a descrepancy in what the Security Ordinance is requiring as opposed to the Fire and Police Departments. He noted that Conditions 9 and 10 · stating that access would have to be gained to 100 units, which would be very difficult. He also noted that any inspection or work would have to be done by individual owners who may or may not be able to afford these repairs. He also noted that termite work was completed two years ago. · Commissioner ~a~ker asked how many bedrooms were in these units and what the ratio ii was. Mr. Stuczynski noted that there were 2 and 3 bedroom untts,.of which 24 were 3 bedrooms. Planning Commission Minutes November !4, lg88 page six Mr. Richard Kvidt, Box 3324, Tustin, owner in Sycamore Gardens and President of the Board, stat&'d that this complex had a htgh foreclosure rate because they could not be sold. As they exist he stated that he felt the units are unmarketable, and therefore, there ts a 42~ rental status. Commissioner Le Jeune asked for clartficatlon of the expenses for the conversions. Mr. Kvtdt stated that until now the expenses have been approximately $15,000 but that the total when completed will be approximately $115,000 (a total of about $1,500 per unit). Commissioner Baker asked staff if the tax base would change if these units were to be converted" ~ nto condomi nt ums. The Director responded that it would depend on whether a code amendment to exempt stock cooperatives from the subdivision process in which case, the reassessment would occur in the assessor's regular duties. If the conversion occurs at the final map stage, the assessor receives that information. The property would be reassessed at the current market rate. Mr. Kvidt noted that he had a letter from the State Board of Equalization stating that a reassessment will only be done at the time a conversion unit is actually sold. The Director. noted that staff would have to clarify that issue. The public hearing was closed. L_ois _Jeffrey, Deputy City Attorney, commented that there are very strict requirements that sellers of property make disclosure regarding the 'structural, plumbing, code conditions and a pest control report. She noted that the conditions of items #9 and #10 would have to be addressed by the seller and thought that the owners of the units would want to have this information to protect themselves in event of the sale of a unit. The Director noted that Conditions 8, 9 and 10 relate to specific code requirements in the conversion ordinance which were not included in the variance request. If these items were excluded from the conditions of approval those items would have to be included in the variance and the hearing would have to be renoticed. Commissioner Le Jeune clarified that the Commission are not allowed to overrule City Codes and noted that he did not want to vote against an ordinance. The Director suggested if the items were deleted from the cooperatives' owners responsibilities, that the hearing be continued to provide staff time to renotice with the requested code variances. Commissioner Le Jeune asked if there was a problem with inspection staff being available. The Olrector'"~n&ted that the City would accept a private inspection firms report on these matters, which would most likely be more reasonable than the City. Planning Commission Minutes November 14, 1988 Page seven Commissioner Shaheen noted ~hat it is difficult for cooperatives to obtain money from i ~d~ vi dual owners. - The Director noted that the applicant may want to decide how they wish to proceed. The public hearing was reopened. Mr. Kvidt asked under what conditions the Commission would consider approval. .Lois Jeffrey noted that the Commission could not tell the applicant how they would vote on a variance in the future. Mr. Kvidt reiterated that these conditions {9 and 10) would be cost prohibitive and logistically difficult. Commis, si oner Lei,' Jeune asked how many units would have to be inspected. The Director noted, based upon advise from the City Attorney, that it would be satisfactory that a good faith effort to inspect all units be made, provided that justification is provided from the association as to why such units were inaccessable. She clarified that a good faith effort to contact each unit owner would need to be made and proof of that effort be provided. She also suggested for units where, access was not obtained, that an owner notification Deed document be recorded against each of those ownership interests removing any responsibility of the City for that disclosure information. Mr Kvidt stated that the association would be willing to comply with that. The Director noted conditions 9 and 10 should be reworded as follows' "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. Applicant shall obtain access to as many units as possible and shall provide documentation of notification of inspection to each occupant and written justification where access is not obtained and inspection not conducted. Said report shall address condition and expected remaining useful life of each respective item, recommending work required if any, to correct any deficiencies. All necessary work shall be completed prior to completion of the conversion process on those units inspected where deficiencies were noted in said report, 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. Applicant shall prepare for review by the City Attorney and Direcl~or of Community Development, a document notifying those specific unit owners where access ~as not-provided, that no inspection was undertaken {the general structural condition or deficiencies) in that respective unit and was not reported pursuant to the City's Multiple Family Conversion Standards." Planntng Commission Minutes . -November 14,. 1988 ?age eight "Upon approval of the above described notification document, said document shall .. be recorded concurrently with the final tract map or Certificate of Compliance and a copy mailed to all affected ownership interests by certified mail, return receipt requested. Verification of mailing shall be provided to the City." "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. Applicant shall obtain access to as many units as possible and shall provide documentation of notification of inspection to each occupant and written justification where access is not obtained and inspection not conducted. 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 sat d work. Applicant Shall prepare for review by the City Attorney and Director of Community Development, a document notifying those specific unit owners where access was not provided, that no inspection was undertake~ (present cohdttion as related to termites, dry rot, roaches and other insects) in that respective unit and was not reported pu~'suant to the City's Multiple Family Conversion Standards'. Upon approval of the above'described notification document, said document shall be recorded concurrently with the final tract map or Certificate of Compliance and a copy mailed to all affected ownership interests by certified mail, return receipt, requested. Verification of mailing shall be provided to the City." The public hearing was closed. Commissioner Baker noted his difficulty with the lack of parking. Commissioner' Shaheen moved, Le Jeune seconded to approve Variance No. 88-10 adopting I~esolu ti on No. 2543 Oith revi'si'ons. Motion carried 3-0. . Zoning Ordinance Amendment 88-6; Addition of Code Section 9273 (e) Exempting Legal I'ConfoF-~ino Properties From Becoming Non-Conforming D~e to "Public Right-Of-Wa~ Acquisition by th"e"Cit¥ ENVIRONMENTAL STATUS- A NEGATIVE DECLARATION HAS BEEN PREPARED AND FILED IN ACCORDANCE WITH THE CALIFORNIA ENVIRONMENTAL QUALITY ACT Recommendatioh,~,. 'It is-recommended that the Planning Commission adopt Resolution No. - 2541, recommending to the City Council approval of Zoning Ordinance Amendment ;8-6,exempting legal conforming properties from becoming non-conforming due to public right-of-way acqui sition by the City. Pqanning Commission Minutes November .14, 1988 Page nt ne -. R~esolution No. 2541 A RESOLUTION OF THE 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 Commissioner Baker asked if people could rebuild the same structure in case of fire. Lois Jeffrey, yes they could, however the same structure could not be rebuilt if it was a non-conforming use. The Director noted that if the non-conformity was created by the acquisition, then the same non-conforming structure could be built. The public hearing was opened. The public hearing was closed. Commissioner. Le Jeune moved, Shaheen seconded to approve Zoning Ordinance Amendment 88-6 by the adoption of ReSolution No. 2541 as submitted. Motion carried 3-0. lLD BUSINESS . D~raft Grading and Excavation Code and Manual Recommendation- It is recommended that the Planning Commission set a workshop session 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. in the City Council Conference Room by Commission concurrence. Jay .... Piemce,'representing the Irvine Co, any, urged the Commission to set the study session as quickly as possible and reminded the Commission that the Irvine Company is the one that is most effected by the ordinance and manual and would appreciate the oportunity to participate in the study session. The Director asked the Irvine Company to provide their concerns to staff prior to the study session' to enable staff to agendize any policy issues for that workshop. Mr. Pierce indicated that there would not be a problem with providing the Company's comments prior to the study session. e Transmt'q:tal of +roposed Second Amendment to Amended Redevelopment Plan for the Town center R6development '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 Planntng Commt ssion Hi nutes 'November 14, 1988 Page ten Received and filed by Commission concurrence. NEW BUS]:NESS STAFF CONCERNS ® Re. port On city cou. ncil Agenda i- November 7:. 1988 · Presentation: Christine A. Shlngleton, Director of Community Development The Director noted that the City Council requested that an item on Cold Air Balloons be agendized for the November 21, lg88 meeting. There have also been some items brought up regarding the redevelopment at Newport Avenue and E1 Camino Real. COIMI SS ION CONCERNS Commissioner Le Jeune asked about status of church at 6th and 'B' Street, complained about 'speed of" buses along Main Street; and asked about the timing of Irvine Boulevard widening. He also suggested that public hearing notices be sent to occupants as well as property owners. Lois Jeffrey noted that a general rule should be applied throughout the City, which would drive up the cost of the proposal. She suggested that the City might want to add to the posting requirements. The Director noted that the current list is taken from the current assessor's parcel rolls and questioned who would verify the list of occupants and explained that the complexity and logistics would be prohibitive. However, staff would be happy to try to unofficially pass out flyers. Chairman Baker asked about noticing Parents Who Care and complained of banners on the i~ence at Tustin Market Place. The DtrectoP noted that Parents Who Care is on a list and should receive a copy of notices. AD,.IOURI~IENT At 9'15 p.m.C, ommissioner Le Jeune moved, Shaheen seconded to adjourn to a Workshop session on November 28, 1988 at 5'00 p.m. in the City Council Conference Room. '~-' - A.L. Baker Chai rma n Penni Foley Secretary ,- eport to the Planning Corn.mission-.': ITEM NO. 2 DATE: SUB,]ECT ' APPLICANT: LOCAT I ON: REQUEST' ZONING' · ENVIRONMENTAL STATUS: NOVEPIBER 28, 1988 VESTING FINAL TRACT MAP 13096 BREN CUMPANY 5 CIVIC PLAZA, NEWPORT BEACH, CA 92660 LOTS 11 AND 16 OF TRACT 12763 AUTHORIZATION TO SUBDIVIDE 13.14 ACRES INTO EIGHT (8) NUMBERED AND EIGHT (8) LETTERED LOTS FOR THE PURPOSE OF CREATING A CONDOMINIUM PRCklECT WITH 237 UNITS. MEDIUM HIGH DENSITY RESIDENTIAL THE PRO,1ECT IS COVERED BY A PREVIOUS EIR (85-2) FOR THE EAST TUSTIN SPECIFIC PLAN. NO ADDITIONAL DOCUMENTATION IS REQUIRED. RECONqENDATIO,,N It is recommended that the Planning Commission recommend to City Council approval of Final Vesting Tract Map 13096 by adoption of Resolution No. 2542, as submitted or revised. BACKGROUND AND SUMMARY iii On May 23, 1988, the Planning Commission recommended approval of Tentative Vesting Tract Map No. 13096 for the subdivision of a 13.14 acre site into eight (8) numbered and eight (8) lettered lots for the pur'pose of developing 237 attached condominium dwelling units with one (1) private community recreation area. Subsequently, the Tentative Map was approved by the City Council on June 6, 1988. This approval included numerous conditions which the applicant has complied with and the final map is ready for recordation with the Orange County Recorders Office. Prior to this recordation, the Final Map must be reviewed and approved by the Planning Commission and City Council. P_lanning Commission Report Vesting Final Tract Map 1309.~; and Design Review 87-19 November. 28, 1988 · Page two _The project site is bordered by Bryan Avenue to the south, Myford Road to the west, and Heritage Way to the north and east. Planned and anticipated development in the area includes apartment projects to the northwest and east of the site, a neighborhood park and elementary school to the west, a neighborhood commercial center to the northeast and the proposed Tusttn Market Place across Bryan Avenue to the south. CONCLUSTON The Tentative Map approved for this project lncluded various conditions of approval which required adjustments to the map. All of the required revisions are reflected upon the final map and the required conditions of approval have been met. Staff has determined that the Final Map is in conformance with the Tentative Map approval, requirements of the East Tustin Specific Plan, Development .Agreement, the City's Subdivision Code, the East Tustin EIR and the State Subd.i vi si on Map Act. Based upon this conformance, staff suggests that the Planning Commission recommend approval of Final Map 13096 to the City Council by adoption of Resolution No. 2542. Ch~lstihe ~. Shingleton /z/- Director of Community De~eqopment CAS 'ts Attachments' Final Vesting Map 13096 Resolution No. 2542 Corn rnunity Developmen~ Depar~r'nent 81f..ET I TOTAL ACer. AGE, NUflBER OF LOTS, NO. 13090 DATE OF SURVEY. HAY 1967 AND ,AJNE TRACT NO. IN 11~ CITY OP' YUITIN, OOLffTY OF Olbllll(, STATE OF OAI, IFORNIA. · fiN8 A ~BDI¥1110N OF ~1 II, II,' ~, ~, ~' ~ ~' ~ ~ ~. I~ ~ ~ M ~, ~I~IA. OldeR' I 8T&TEHENT ~ I~, THE tJND~RIIGNED. BEIN~ ~LL P~i~ ~Vl~ ~ ~ TIM i~lt IN ~ I. A ~1~ ~ F~ I~, ~ ~ ~lC ~ILI~ ~ - · ~. ~ ~ ~ ~ITI~ ~T ~ MI ~ K ~ IN ~lO PI~I~ ~I~L L. ~Y ~f 8TA~ ~ ~IFWlA ~TMY ~lC IN ~ Fffi~ID KA~, ~T ~ ~CWL L. ~tl~t IVIMi TO i N NIIJ ~v~f N~t . ~TI~Y. ~ ~ L. ~ ~..~ ~TI~ ~T ~ ~ ~T~Y ~IC IN ~ F~MID MID ~TIm ~ ~ ~ M ~T W ~TI~ ~ M . .. , ~ . ~1~ P~IFIC MTI~ M. A ~TI~ MI~ A~IATI~. . STA~ ~ ~iF~iA ) ~ A~]ATZ~ THAT ~T~ ~ Vi~l. IKT.~T ~ ~ TO ~ TO BE T~ P~ ~ EXECUTED T~ "i~i. IMWT ~ ~ ~ SAiD AS~IATi~ . PRINT ~ AGCF. PTED AND FILED AT TIdE REOUENT OF OATE TIf~ FEE ~ i NRTRUflF. NT · BOOK., pAGE__ LEE A. ~qANCH COUNTY RECORDER ilM'4'T~*I ~TA'IB~NTs. ogrUTT · I #EIW, JI' STATE THAT ! Mt A LiOEIMED I. AM) 8UI~Y(~ Glr ~ 8TATT OF GALIFO~#1A, NQ~8 ..'.; · . .. 4131- .' · . EXPIRATIGN DATE, ~ 30, 199~ ~ - . · I ~ STATE THAT I HArK EXAflll4D 1till fl6P Al4) H~VK POl.q*O I1' TO BE I# GCIdKBYMNCE ¥1TI4 THE TENTATIVE HAP AS FILED ¥1TH, K A/4) A/PROVED · MO CITY $.fOIVlIIGN REla. ATIGNS HAVE BEEJ4 CQ~R. IED ¥1114 K '~tT THE IMP Il TECN41CM. L.Y ~ IN ALL ~ NOT CFr. ATIIrlED TO IY THE COUNTY ~BT STATE T~T I HAVE EX~i~O C.R. ~ BYL Ol~ ~*l ~A~, . I~. K OlD ~ ~T J K ~ ~ CI~ g MTIN, CI]LNTY 11WalflBI-TAX CaLLE~q~'I ITATB~r, I HFJ~BY STATE THAT ~1~ ~ ~ ~ ~ ~ ~1~ ~ ~ ~ ~1~ ~ ~ M ~ ~ ~IG'I T~ ~A~, ~lvI91~ ~ ~ M~ ~ ~1~ ~1~ ~1~ ~1~ TO KM Li~ O. ~ % ~U ~TI~ ~ N ~Y ~ , I~, ~ NT ~ ~ID ~1~ ~IKI~ DID. BY ~ G ~Y P~ ~ BEI~ETARY Glr TI~ TU~TIN PI.~ING I~IKIGN TRACT NO, 1 Dog0 IN THE CITY OF TUBTIN, OOUNTY OF OI~dqGE, 8TATE OF CALIFORNIA. IqJaCIE, #ILLIAIll, Llle41~t MID IMIKI', IN~. OdWlO N. WILLL4f~, L,I. I~. 4131 O II~iCAI~; LOCATION OF 2" I.P. TAGGED R.C.t. 23911~ Ol~ LF.N). TACK Nd) TAG R.C.[. ~3SOA OR e" IPIKE & ~HEJt ITN~ED It.C.[. 2310~ TO e~ I~T ~ TRACT NO. 1~713. fl.N. 0~1 / A INDICATEI 1.0~TI01t OF 1' I.l'. R.C.L 23gSA Gl ~' IPII~ N41 ~ iTNI~D a.C.L ~3g~ TO O~ ~T I~R TIMCT NO. 1~7&1. SOl/ 1~-20 · I~ICAlV~ FQI~iD . ~ i~i~ ~ I' I.P. T~ L.5. 4131 ~ ~ ~1~ ~ ~ 8T~ L.a. 4131 IN IIWiIE IL4NCH IMTiil OlITRICT I~RTIFIG~TE, I. BETTY d. Idf..EL~lq. 8~CI~TAAT OF 11( B4)d~J~ ~r DIR[CTOf~S Qfr TH~ IRVINE UATER DIITRIGT. DO I(AEIY cF. qTIPY TI4AT THE INTI[I~ST IN REAL PROPF3ql~' CONVEY£D BY 0(DICATION AND ~,,~ ....~.. OF ~.~ .o~o'oF o,...CT.,... ,m.~ ..:.-~A~..'O~.T.~t'''''° ~,dN GN THi TRACTRAP ARE I.~SYACCEPTED By TH! UNI~_q PURIUANT TO AUTHOP. iTT CONFF. q~ IT IIEII~.UTIGII ND. 1971,-III GF THE IO~ OF DIRECTI~B ADOPTED NGVEHIF. q 8. ~(.CII~TA/tT. I'~VI~I(E ~ UATER DISTRICT AND GF THE OO~AD GF DIIIECT01~ THEREOF. STATE OF CALIFOANIA C0LSITY OF M (M4 THIS ~ DAY OF ~ 1946. 8~rOl~ fl~ nlCHAF~. 0. KF.L~0GO. A NOTA.qY Pt~.IC IN AHO FOR BAlD 0TATS PfrRSGl~l*LtT APIqAf~D B~TTY d. WPI~ELEA. PEASGNALLY KHOt/N TO HE l~l~ PAOVED TO fl~ GH THE BASIS OF 8ATIS/rACTGdqY EVIf~NC~! TO 8~ THE SECI~ETA,qY GF TI( BO~lqD OF DII~¢TC~8 OF TI( IRVlN~ ~ UATEA DISMICT, A P~SLIC AGENCY, THE PUBLIC AGENCY TI4~T frX~C~JTED THE UITHIN INSTRkA~IdrNT KN~N TO l~ TO K THE PERS04 ~ EXECUTED ~ ¥1THIN II~T~UI~NT QN ~HAL.F SAID PI~.iC AG~CY AND AQ~OM.~OG~D TO fie TI~T mJOt f~L. lO AGENCY ,'HEM. NOTMT PL~L. IC IN AHD Fm S~I~IiP'STATE PRINT NMIE rlY PRINCIPAL. PLACE GF BU~INE&S IS In ORANI~ ~INTY fit COfllIISSiON F. Xf'IP~S llilll Ill IfAlilll, INTEAI[CTION OF MTNt AM NO 81OIdNIN8 AM Al4) THE 8OUTIf**qST l/4 ~ QIr ILOCK 44. IRVINE'S SI~OIVIIIGN A8 8H01dN QN 11L4~T NO. 12763. I~.fl. MI /18-21. ndriN8 N 49*20* t2"ld. / r'~""~ TRACT NO. 1:3096 IN THECII'YOF TUBTIN. COUNTY OF (]qANG~. STATE OFGALIFGI~IIA. FUICOE, I/ILLINll, LlliIIIlll NO BIGRT, INI~. OA¥I0 #. eli,LIN'B, L.I. ND. 413! ~14o 14180. L SCALE IN *FEET I .// .% TR. NO. 13030 TRACT NO, 1 ~090 IN ~ CITY OF TI.~TINo COIJfYY OF Ol~q4~, STATE OF C~LIFORNIA. I~/IC~, I/II.LIMB, LINI~II~ N4) IH~IIT, INC. IMVlD 14. ¥1U. INll, I..$. NO. 4131 ~IIEo IN8o TRACT NO. 12,783 M.M. $81 / J6-2J SCAL.E IN FEET IOT'q' o.o~ ,~,. M.M. /__.,,, TRACT NO 13030 . ~ O.'Rg, AG. 1 2 5 6 7 8 9 10 11 12 13 1.4 15 16 17 18 19 2O 21 22 23 24 25 26 27 28 RESOLUTION NO. 2542 A RESOLUTION OF THE PLANNING COMMISSION OF' THE CITY OF TUSTIN RECOMMENDING TO THE TUSTIN CITY COUNCIL APPROVAL OF FINAL VESTING TRACT MAP NO. 13096 The Planning Commission of the City of Tustin does hereby resolve as follows: " I. The Planning Commission finds and determines as follows: A® That Final Vesting Tract Map No. 13096 has been submitted by the Bren Company. B. That a Public Hearing was held by the Planning Commission on May 23, 1988. At this hearing the Planning Commission recommended approval of Tentative Tract Map 13096 to the City Council. Subsequently, the City Council approved Tentative Tract Map 13096 on June 6, 1988. C. That the proposed subdivision is in conformance with the Tusttn Area General Plan, adopted East Tustin Specific Plan, Development Agreement and Subdivision Map Act as it pertains to the development of residential condominium units. D. That the City has reviewed the stat'us of the School Facilities Agreement between The Irvine Company and,the Tustin Unified School District, the East Tustin Specific Plan, EIR 85-2, the impacts of Tentative Tract Map 13096 on School District facilities, and reviewed changes in State.law, and finds and determines that the impacts on School District facilities by approval of this map are adequately addressed through the reservation of a high school site and elementary site in conjunction with Tentative Tract Map 12763, and imposition of school facilities fees as a condition of " approval of Tentative Tract Map 13096. 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 wi thin the proposed subdi vi si on. 1 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. 2542 Page ~wo I. Tha.t the destgn of the subdivision or the types of improvements proposed are not likely to cause serious public health problems. J® That the Final Map is in substantial conformance with the Tentati ye Map. II. The Planning Commission hereby recommends to th~ City Council approval of Final Vesting Tract Map No. 13096 and recommends direction to authorize the City Manager to execute Subdivision Bonds and agreements. PASSED AND ADOPTED at a regular meeting of the Tustin Planning Commission, held on the .~ day of .... NJ .. , 1988. A. L Baker, "' Chairman Penn'~ Fol~Y', Secretary Report to the Planning Commission Ite~ NO. 3 DATE: SUB,IECT: APPLICANT: OIJNER: LOCATION'. ZONING: ENV I RONNEN'i'AL STATUS: REQUEST' NOVENBER 28, 1988 USE PERFIIT NO. 88-23 PACIFIC BELL 177 E. COLORADO BOULEVARD, RN 938 PASADENA, CALIFORNIA 91105 SHITH INTERNATIONAL, INC. 17832 GILLETTE AVENUE IRVINE, CALIFORNIA 92714 WEST SIDE OF NYFORD ROAD, NORTH OF WALNUT AVENUE AT 14451 HYFO*RD ROAD PC-I, PLANNED COHPIUNITY - INDUSTRIAL: IRYINE INDUSTRIAL COHPLEX PLANNED DEVELOPHENT REGULATIONS o A NEGATIVE DECLARATION HAS BEEN PREPARED FOR THIS PROJECT. APPROVAL TO CONSTRUCT AND OPERATE A UTILITY SERVICE YARD IN CON,]UNCTION WITH A FIELD OPERATION CENTER. RECOI~IENDATIO~N It is recommended that the Plannin9 CommiSsion approve Use Permit 88-23 by the adoption of Resolution No. 2544 subject to the conditions contained therein. BACKGROUND ii The appicant is requesting authorization to construct and operate a Utility Storage Yard in conjunction with a proposed Field Operation Center on property zoned PC-I (Planned Community-Industrial) and located in the Irvine Industrial Complex. The project site includes two (2) parcels. The southerly 5.82 acre parcel contains an existing 93,160 square foot single story building with a 9,704 square foot mezzanine, with paved parking and landscaping. The second northerly parcel is unimproved and is 4.078 acres in size. Community Development Department Pl anntng Commi ssi On Report Use Permit 88-23 November 28, 1988 Page .two · The proposed use Is a Pactflc Bell field, operatlon center and service yard, where telephone company installation and construction personnel will be trained and dispatched out into the community. Included with training and dispatching are the necessary administrative offtces and storage for support vehicles and materials which wt.11 be parked and maintained on site. Materials are received, stored, and distributed to installation sites on a daily basis. The property will normally be used from 6:00 A.M. to 5:00 P.M., Monday through Friday, by approxtately 30 employees; however, from 7-00 A.M. to 8:00 A.M. and 4:00 P.M. to 5'00 P.M., as many as 350 employees could be on site, and from 6'00 P.M. to mi dni gh t there wt 11 be 10 employees. Prior to the development of the proposed project, provisions contained in Section 9244 of the Tusttn Zoning Code require approval of a development plan and issuance of a Use Permit by the Planntng Commission. The proposed use would also require approval of a Use Permit per provisions of Section VT C of the Irvine Industrial Complex Planned Community Regulations. The General Development Standards-for the Irvine Industrial Complex permit any industrial .operation or use, unless otherwise specifically prohibited, if it is performed and carried out and so designed and constructed so that the operation and uses do not cause or produce a nuisance to adjacent sites. Certain other additional uses, including utility service yards and facility are permitted, subject to a use permit. The surrounding properties to the north, east and west are currently improved with industrial, manufacturing and warehouse uses. The property to the southeast across Myford Road is currently unimproved. The existing 93,160 square foot building was previously owned and occupied by Smith International, Inc. DISCUSSION Staff has-reviewed the proposed project in light of the General Development Standards and has pro'vided the following analysis' 1. Site Desig_n - The applicant proposes to convert an existing building into a Yield operation facility and construct a new utility service yard. The utility service yard will be constructed on a 2.78 acre portion of the currently vacant northerly parcel. Primary entry and exiting to the entire facility will be provided off of Myford Road by an existing 36 foot wide main driveway located along the north line of the building. This main driveway provides access to the proposed utility service yard via two (2) 34 foot wide entryways. The servlce yard will provide seventy-five (75) standa~-~9' x.20' parking spaces and twenty (20) 12' x 50' truck parking spaces. Four (4) ground level concrete pads will be provided for storage of hardware, reels and damaged components. A proposed, two lane fuel Corn munity DeveloPmen~ Depar~rnem Planning Commission Report _ use Permit 88-23 November 28, 1988 Pa ge three dispensing Island would also be located along the south lane of the storage yard. Screening for the proposed service yard will be provided with new six (6) foot high block walls constructed along the east and north boundaries of the property with a six (6) foot chain link fence provided with redwoodbattens, along the west property line. Staff believes that the block wall should be continued along the wes1'; property line as well as turning the corner to the first driveway into the storage yard 'to screen views from the northbound side of Myford Road. Additionally, the access into the service bays (an existing depressed loading dock) should be either relocated or screened with landscaping to reduce its visibility from the southbound side of Hyford Road. 2. Parking -Parktng is provtded around the perimeter of the building and in the new service yard at the rate of one parking space per 250 square feet of offtce space, one parktng space per lO00 square feet of warehouse and one parking space for each of the 226 company vehicles, Il8 of whtch will be located inside the buil-ding. All Building and Fire Department requirements for ventilation and occupancy separations will have to met .within' the existing building. Although application of the above standards Would only require 388 parking spaces, the project provides a total of 477 parking spaces with all required parking for the building uses available outside of the proposed service yard area. 3. Landscap.in9 - The new utility service yard includes over 10,250 square feet of landscaping or 8.5~ of the project site. The landscaping material proposed includes a variety of deciduous trees, shrubs and ground cover. Staff has incorporated a condition whereby a 30 foot wide landscape berm will be required in the unimproved area (indicated for future development on the development plan), along the Myford Road frontage to somewhat screen this vacant area from the public right-of-way as well as the ,proposed vehicle maintenance bays (see Attachment I). ® ~.- The applicant is proposing the utilization of the existing 58 square foot freestanding monument sign with a new sign face treatment consisting of satin finish bronze or aluminum 10 inch letters with the Pac-Tel red and white logo. CONCLUSION Staff believes that Pacific Bell has provided a development plan, when combined with the recommended conditions attached to Resolution No. 2544, which will Corn munity Developmen~ Dcpar~men~ ~ Planni ng Commt ssi on Report Use-'Permi t 88-23 'lovember 28, 1988 ?age four mtttgate any potential tmpacts associated wtth ~he Utt]tty Service Yard and Is therefore recommending approval of Use Permtt 88-23. Ron Reese Associate Planner RR: CAS: ts Attachments: ResOlution No. 2544 Attachment I Plans Christine A. Shin~leton ~ DI rector of Community Development Corn munity Development Depar~men~ " 2 RESOLUTION NO. 2544 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF TUSTIN, CALIFORNIA, APPROVING USE PERMIT NO. 88-23 FOR THE CONSTRUCTION AND OPERATION OF A UTILITY SERVICE YARD IN CONJUNCTION WITH A FIELD OPERATION CENTER BY PACIFIC BELL. . The Planning Commission of the City of Tustin does hereby resolve as fol lows: 8 I. The Planning Commission finds and determines as follows: 9 10 11 12 13 14 15 lG 17 18 19 2O 21 22 23 24 25 26 27 28 A. That a proper application, (Use Permit No. 88-23) has been filed on behalf of Pacific Bell to construct and operate a Utility Service Yard in conjunction with a Field Operation Center 'on property located at 14451 Myford Road. B. That a public hearing was duly called, noticed and held for said application on Monday, November 28, 1988. C. That establishment, maintenance, and operation of the use applied for will not, under the circumstances of this case, be detrimental to the heal th, safety, morals, comfort, or general welfare of the persons residing or working in the neighborhood of such proposed use, evidenced by the following findings: 1. The use applied for is in conformance with the Tustin General P1 an. 2. The site is located in the Planned Community - Industrial District and the use applied for is a conditionally permitted use in said District. 3. The Proposed use will not negatively effect surrounding uses Irvine Industrial Complex. 4. The use provides the ability to avoid and mitigate any potential impacts of the proposed project through the imposition of appropriate conditions. D. That 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 granted. 1 - 2 3 4 5 6 7 8 9 10 11 12 13 1.4 15 16 18 20 21 22 25 27 28 Resolution No. 2544 pa ge two Ee Proposed development shall be In accordance wi th the development poltctes adopted by the City Council, Uniform Bulldtng Codes as administered by the Building Official, Fire Code as administered by the Orange County Fire Marshal and street ' Improvement requirements as administered by the City Engineer. F. That the project will not have a significant effect on the environment and therefore a Negative Declaration has been prepared in accordance with the provisions of the California Envi ronmenal Qual i ty Act. Ge Final development plans shall require the review and approval of the Community Development Department. II. The Planning Commission hereby approves Conditional Use Permit No. 88-23 to authorize construction and operate a Utility Service Yard in conjunction with a Field Operation Center on property located at 14451 Myford Road subject to the conditions contained in Exhibit 'A' attached hereto. PASSED AND ADOPTED at a regular meeting of the Tustin Planning Commission, held on the _, day of L L ,,, , 198m. A. L. B~k~r Chairman )ennl Foley Secretary EXHIBIT A RESOLUTION NO. 2544 _ CONDITIONS. OF APPROVAL USE PERMIT NO. 88-23 - PACIFIC BELL GENERAL i (1) 1.1 The proposed project shall substantially conform wil~h the submitted plans on file with the Community Development Department, as herein modified, or as modified by the Director of Community Development Department in accordance with this Exhibit. (1) 1.2 Unless otherwise specified, the conditions contained in this Exhibit shall be complied with prior to the issuance of any building permits for the project, subject to review and approval by the Community Development Department. (1) 1.3 Design review approval shall become null and void unless buildiog permits are issued within eighteen (18) months of the date on this Exhibit. 1.4 The applicant shall prepare a parcel map to combine lots 6 and 7 or a covenant agreement against lots 6 and 7, holding said lots in single ownership for approval of the City of Tustin prior to issuance of building permits. Upon approval, said instrument shall be recorded. STTE 'AND BUILDING CORRECTIONS i i i 2.1 The applicant shall make the following revisions/corrections to the site plan prior to issuance of permits- a. The proposed chain link fence on the west property line shall be replaced with a concrete block wall to match walls on the north and east property lines. be The block wall parallel .to the east property line shall "turn the corner" and be extended in a westerly direction to the first driveway into the storage yards. Ce A 30 foot wide landscaped berm shall be indicated along the street frontage of lot 6 so as to screen the unimproved portion of said lot from Myford Road as well as the vehicle service bays as shown on Exhibit B. d. Indicate the common lot line of lots 6 & 7. 2.2 The 162 required parking spaces for the office and warehouse use shall remain open and accessible and shall not be designated inside of the Field Operations building. Please note on plans:-- SOURCE CODES ' · .. STANDARD CONDITION (2) EZR MITIGATION (3) UNIFORM BUILDING CODE/S (4) DESIGN REVIEW · ** EXCEPTION (5) SPECIFIC PLAN/ZONING CODE (6) RESPONSIBLE AGENCY REQUIREMENT (7) LANDSCAPING GUIDELINES (8) PC/CC POLICY Exhi~b¶t Ar Re; tton No. 2544 Paw..wo (1) (4) (1) (5) (1) (4) (13 (4) (1) (3) (3) (2) . (3! 2.3 All deteriorated asphalt paving shall be resurfaced with a minimum one (1) inch -. asphalt overlay, and restriped as necessary. -' 2.4 All exterior colors to be used shall be subject to review and approval of the Director of Community Development. All exterior treatments must be coordinated with regard to color, materials and detailing. 2.5 Adequate sizes of trash enclosures with solid metal self closlng, self latching gate shall be provided. Said enclosures shall be screened by a decorative wall a mtnlmum height of six feet and If required, a dense type landscaping. The actual locations of said areas and types of screening shall be subject to approval by the Dtrector of Community Development. 2.6 All mechanical and.electrical fixtures and equipment shall be adequately and decoratively screened. The screen shall be consldered as an element of the overall design of the project and must blend with the architectural destgn of buildings.. All telephone and electrical boxes shall be indicated on the buildtng plans and shall be completely screened and located in the interior of · the building. Electrical transformers shall be located toward the 4nterior of the project maintaining a sufficient distance from frontage of the project. 2.7 Exterior. elevations of th~ building shall Indicate any fixtures of equipment to be located on the roof of the building, equipment heights and type of screening. All parapets shall be at least six Inches above rooftop equipment for purposes of screening. 2.8 Submit details for all walls to be constructed by developer. Show type of wall cap and type of color, which should be consistent with main building treatments and be a decorative treatment of all exposed walls. 2.9 Indicate lighting scheme for outdoor service yard, note locations of all exterior lights and types of fixtures, lights to be installed on building shall be a decorative design. The location and types of lighting shall be subject to the approval of the Community Development Department. PLAN SUBMITTAL 3.! At building plan check submittal: A. Construction plans, structural calculations, and Title 24 energy calculations. Requirements of the Uniform Building Codes, State Handicap and Energy Requirements shall be complied with as approved by the Building Official. B. Pr~liminar'y technical detail and plans for all utility installations including cable TV, telephone, gas, water and electricity. Additionally, a note on plans shall be included stating that no field changes shall be made without corrections submitted to and approved by the Building Official. Exh'-" t /~ Res ;i on 2544 Page three (2) C. (3) - Final grading and specifications consistent with the site plan and landscaping plans and prepared by a registered civil engineer for approval of the Community Development Department. De A precise soils engineering report provided by a soils engineer within the previous twelve (12) months for construction or service yard site. Ee Information to ensure compliance with all requirements of the Orange County Fire Chief including required fireflow and installation, where required, of fire hydrants subject to approval of the Fire Department; City of Tustin Public Works Department and Irvine Ranch Water District and compliance with all requirements pertaining to construction. Landscaping,I Grounds andI HardscapeI Elements 4.1 A completely detailed landscape and irrigation plan shall be submitted for review and approval by the Community Development Department at whatever scale necessary to adequately depict what is occurring and to be consistent with 'adopted City of Tustin Landscaping and Irrigation requirements. Provide summary table applying indexing identification of plant materials in their actual location. The plan and table shall list botantical and common names, sizes, spacing, actual location and quantity of the plant materials proposed. Show planting and berming detials, soil preparatiopn, staking, etc. The irrigation plan shall show location and control of backflow prevention devices, pipe size, sprinkler type, spacing and coverage. Details for all equipment shall be provided. Said plan shall address the landscaped berm along Myford Road, the new planter areas identified on the site plan, as well as any existing planter areas with dead or dying landscaping. 4.2 Show all property lines on the landscaping and irrigation plan, public right-of-way areas, sidewalk widths,, parkway areas, and wall locations. The Department of Community Development may request minor substitutions of plant matertals or request additional sizing or quality of materials during plan check. Please note on landscaping plan that coverage of landscaping irrigation materials is subject to field inspection at project completion by the Department of Community Development. 4.3 The required berm noted in Condition 2.1 shall be a minimum of 42" high and be planted' with turf and a combination of trees and shrubs to provide a pleasing streetscape along Myford Road subject to final approval by the Department of Community Development. :::::::::;"Li ' :::::::::::::::::::::::::::::::::::::::: .......... ~., ::::'- '::::: ......................... iiiiiii.~?:!! ~ :" :i,, \ EXHIBIT B- 'ATTACHMENT' I ::::.0.~.:::::::::::::::::::::::::::: ::: ::::: :::::: ::::::::: i!iiii!iiiiiiii!iii'ii!ii!ii:::::::::::::::::::: ::::::::-;.':~::::. :::il ========================== .... ::::::::::::::::::::::::::::: .... .............................. ;~ · . ""~:-'::::: :.: :.;..L:..~i :2 k-.t r',l, ~ "x Planning Commission " -. DATE: SUBdECT: NOVEMBER 28, 1988 SECOND AIqENI)REKr TO THE /LqENDED REDEVELOPf4ENT"PLAN FOR THE TONN CENTER AREA REDEVELOPMEk~T PRO~ECT. REC(I~E#DATIO# It ts recommended that the Planning Commission adopt Resolution No. 2545, recommending to the City Council.adoption of the Second Amendment to the Town Center Redevelopment Project Area. BACKGROUND Staff trans,dtted to the Planntng Commission at their regular meettng on November 14th, 'the proposed Second Amendment to the Town Center Redevelopment Project Area along with the Preliminary Project Report. .. As discussed tn the memorandum to the Comnfl sst on dated November 14th, the proposed Second Amendment contatns some 32-amendments changing, deleting, and adding*language to the Plan. The maJortty of the changes update ternflnology tn the Plan to be,consistent wtth recent changes tn the Community Redevelopment Law and clartfy the meantng of vartous provisions. The four prtmary components of the proposed Second Amendment a~e: 1) continuing of the Agency's emtnent domain authority for an additional twelve, years, 2) addlng certain publlc Improvements -and facilities' to the ltst contained in the Plan; 3) restating the exlsttng tax increment 11mlt of $3 mtlllon per year as $90 mtlllon over the ltfe of the Project; and 4) increasing the amount of bonded indebtedness that can be outstanding at any one ttme from $20 mtllton 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 Planntng C. ommtsston ls responsible for determining whether the proposed Second Amendment conforms to the General Plan of the City 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. Staff have reviewed the proposed Amendment and have determined that it conforms with the General Plan. Attached for Commission's consideration is Resolution No. 2545 recommending approval of.the proposed Amendment. Sh fn gle.,,,t~n Director of,Community Development · ~. CAS: ts Attachment: Resolution No. 2545 .Proposed Second Amendment Attachment No. i PROPOSED SECOND AHENDHENT TO THE AMENDED REDEVELOPMENT PLAN FOR THE TOt, IN CENTER AREA REDEVELOPMENT PRO,.1ECT tothe RED~PMEHT PLAH for the TOWN CEHTER AREA RED~PMEHT PROJECT June, 1988 Adopted: Ordinance, No. _, 198_ 1391.TUS/2 080288/dlk PREFACE The Redevelop-;ent Plan for the Town Center Area Redevelopment Project was approved and adopted by the Tustin City Council on November 22, 1976 by Ordinance No. 701. The Redevelopment Plan has been amended once. On September 8, 1981 the City Council approved the first amendment ("First Amendment") by adoption of Ordinance No. 855 which: 1) increased the average yearly tax increment revenue limit, and 2) increased the amount o'f bonded indebtedness to be repaid with tax increment revenues that may be outstanding at one time. This second amendment ("Second Amendment") to the Redevelopment Plan for the Town Center Area l~edeveiopment Project contains 32 amendments chan~ing, deleting and adding language to the Redevelopment Plan as amended by the First Amendment. All such amendments are herein collec- tively called the Second Amendment. For-convenience, and where necessary for clarity, the amendments contained in this Second Amendment show both the current text of the Redevelopment Plan as amended by the First Amendment and the changes, deletions, and/or addition, to such text. Words 'to be deleted are lined through, thus: delete. Words to be added are shown underlined, thus: add. It is intended that upon adoption of this Second Amendment and the subsequent printing of the l~development Plan as amended b7 the First and Second Amendments, the deleted words shall-be omitted and the added words shall not be underlined. ' Thi~ Second Amendment does not alter the boundaries of the Project area. 1391.tus/2. 080288/d~k SB(X)ND-AMENDMENT to the RB~RV]tX,OPMENT PLAN - for the TOWN CENTER AREA REDBVBLOP~ PROJECT ~MI~qT NO. I That. a title page be added to identify the Amended Redevelopment Plan and to show the name-of the Project and the dates and ordinance numbers of the original adoption and of the l~irat Amendment and this Second Amendment. AMBNDMRNT NO. 2 . That the first paragraph of Section 100 (INTRODUOTION) be amended to read as follows: ~(Section 100) INT~DU~ON '*This is the Amended Redevelopment Plan for the Town Center Area 'Redevelopment Project (the 'Project') in the City of Tustin. (the 'City'), County of Orange, State of California. ~ This Amended RedeveloPment Plan consists of the text {Sections 100 through 1100) the Redevelopment Plan Map ('Map') attached as Attachment A, and th.e .Legal Description of the Project Area attached as Attachment B. This Amended Redevelopment Plan was · prepared by the Redevelopment Agency of the City of Tustin (the 'Agency') pursuant to the Community Redevelopment Law of the. State of CalifOrnia (Health and Safety Code, Section 2252~ 33000 et · eq.) the California Constitution, and all applicable laws and ordinances. Wherever the words 'Plan', *the Plan' or 'this Plan' appear herein, they shall refer to this Redevelopment Plan. ..Wherever the words ' ' .... Map, *the Map' or 'this Map' appear herein, thel, refer to the Redevelopment Plan Map." AMENDMENT NO. 3 That Section 200 be retitled to read as follows, and the following text be added as an introductory paragraph: "(Sec. 200) PROJECT AREA BOUNDARY AND LEGAL DESCRIPTION "The boundary of the Project area is shown on the Redevelopment Plan Map attached as Attachment A, and is described in the Legal Description of the.. Project Area attached as Attachment B.' 1391.TUS/2 080288/dlk AMENDMENT NO. 4 - That the first paragraph of Section 301 follows: (~eneral) be amended .to read as "(1) Providing for participation by owners and ~eeide~te-~~n$~ oersons .e,n~asred in business who are located in the Project area ..~ ._ ~L ..... . ....... ~ ~meiia-e~--~etoeet~ --"~:--:k ---1 .... '----1 ..... r~c~ul.--L=~ e~u~.r, co, consistent with this Plan and rules i~dopted by · the A~ency." AMENDMENT NO. 5 That the headings in Sections 302. a.nd 303 be retitled and the first, second and third paragraphs of Section 303 be amended to read as follows: "(Section 302) Participation by and Preference for Owner8 and ~ Business Occupants # (Section 303) Opportunities for Owners and : Business Occupants · #Persons who are owners of real property in the Project area shall be given the opportunity to participate in redevelopment: (1) by retaining all or a portion of their properties; (9.) by acquiring adjacent or other properties in the Project areal or (3) by selling their properties to the' Agency and purchasing other properties in. the Project area, in accordance with this Plan and the --'-- '--~ ...... ---1 ' .... ' -"- -'-'-:-- ' "-- rules for participation adopted by the Agency pursuant to this Plan and the. C~Ufornia Community Redevelopment Law. "The Agency shall extend preferences to persons who are engaged in business in the Project area to participate in the redevelopment of the Pro~ect area or to reenter into business within the redeveloped area, if they otherwise meet the requirements . pl*eacribed in the Plan. The Agency shall also extend preferences to -~;h:;-'.:z,:=;: owners in the Project area to participate in the redevelopment of the Project area or to reenter within the redeveloped area, if they otherwise meet the requirement8 prescribed by the Plan. ---= =----' .... -----=1 ..... ~W~--~- · ~- -- 1~__ 2----& .. "In the event an owner tem~% participant fails or refuses to rehabilitate, develop, or use and maintain its rea/ property pursuant to this Plan and a participation a~reement as-defined in Section 305, th~l l~roperty or any interest therein may be acquired by the Agency and sold or leased for rehabilitation or development in accordance with this Plan," · .. &MBNDM~ NOo 6 That Section 304 (Rules for Participation Opportunities, Priorities and Preferences) be amended to read as follows: #(Section 304) Rules 'for Participation OvDortunitiesf Priorities and,,, Preferences "In order to provide opportunities to owners and ~ee~a~t~ persons engaged in business to participate in the redevelopment of the Project area; the Agency has promulgated rules for 'owner and ~ business occupant participation. If conflicts develop between the desires of participants for particular sites or land uses, the Agency is authorized to establish reasonable priorities and preferences among the owners and business occupants temm~te. Some of the factors to be considered in establishing these priorities and preferences should include participants' length of occupancy in the area, accommodation of u many participants as possible, similarity of land use, and conformity of 'participants' proposals with the intent and objectives of the Redevelopment Plan and ~ke any Design ~eer ~;.,-.-~,I~-----;.,=t~ ~.'=~d Guide adopted p~rsuant to [.= 2:~ticz.-~2~f this. Plan. "Ir~ addition to opportunities for participation by individual persons and firms, participation shall be available for two or more' persons, firms or institutions to join together'in partnerships, corporations, or .other ~oint entities. "Participation opportunities 8hall necessarily be subject to and l~mlted by such factors as: the elimination and chan~ing of some land uses; the construction, widening, or realignment of some streets; the ability of participants to finance acquisition and development or rehabilitation in accordance with the Plan and the an7 Design f~r u~-.-~::~=:=t Guide .adoPted. by. the .A~ency; 4~e an7 reduction in the total number of individual parcels in the Project area; and the construction or expansion of public facilities. "Where there is 'a conflict between .the participation and re- entrF vreferences provisions of this Plan and the rules adopted by tho Asrenc~, the rules shall' ~revail." ~ ~NO. 7 That Sectjmt 305 '~Participation Agreements) be amended to read as follows: . . "(Sec '.t$on 305) Participation Agreements . '4h: :.~=,z.=~' The A~ency may ~ui~ that, a8 a condition ~ participate ~ ~de~e~pment or ~ ob~n a bufld~f pe~t p~s~nt ~ Section .-424 he,f, e~h parti~~t Whose p~~ ~ a~epted.b~...the AfencF ~ en~r ~ a bind~ a~ment ~th the Afency by which the ~~p~t a~r~8 ~ ~b~~, develop, or use the p~pe~y ~ ~or~ce ~th the P~ ~d ~ be 8ubj~t ~ the p~ions .her~f. In ~ch ~men~, p~ici~~ who re~ re~ prope~y 8h~ be ~qu~d ~ ~ ~ ~e ~rdation of such d~ument~ as are n~8~y ~ ~e the p~~ons of t~ P~ app~cable ~ the~ p~perties, Whether or not a participant en~rs ~ a participation ~ment ~th the Agency, the p~~ns of this P~n ~e app~ble ~-~ public ~d priva~ p~rty ~ the P~j~t ~. That the second and third paragraphs of Section 306 (Cooperation with Public Bodies) be amended to read aa follows: 'The A~ency, by law, is not authorized to acquire real property owned by public bodies without the consent of such public bodies. A~ency,. however,, will seek the cooperation of all public bodies own or 'intend to acquire property in the Project area. Any body which owns or. leases property in the Project area will be ......... t participation if such all the privileges of owner public body is w~ll~ug 'to enter into a participation agreement with the (~::[. ~..A~en.c~.: All plans for development of property in the Project area by :?~/;:~(~a Public body shall be subject to A~ency approval The A~ency is ..~.~..,~;~.~uthorized to firmnc~!ly (and otherwise) assist any public entity in . of public land, buildings, facilities, structures, or other (within or outside of the Project area) which land, buildings, facilities, structures or other improvements are of benefit to pay to' any ' ~ ...... :et taxing agency with witB~u' the.' Project area (other than the City) any Which,:~ '. i~- ' tho A~ency'a determination, are alL.-viato, any:· financial burden or detriment caused to by the Project." . Section 308 (Acquisition of Baal .. o "Bio eminent domain-proceeding to acquire Vro~erty within the Project area shall .be. commenced after twelve (12) years following the. effective date of the ordinance approving and ado~tinsr the Second Amendment to this Amended Redevelopment "The Agency'shAll not acquire real property on which an existing building ia to be continued on its present site and in its present form and ue~ without the con~ent of the owner, unless: '(1) such building requires structural alteration, improvement, 'modernization, or rehabilitation;- (2) the site, or lot on which the building is-situated, requires modification in size, shape, or use; or (3) it is necessary to impose upon such property any of the controls, limitations, restrictions and requirements of this' Plan and the any Design ~9~leleme~t Guide adopted by the Asrency and the owner fails or refuses to participate in this Plan by executing a participation agreement." That a second paragraph be added to Section 312 (As_sistance in Finding Other"Locations) to read aa foil0..ws: *No persona or families of low or moderate income shall be diaDlace~ unless and until there:ia a suitable housins~ unit available and rea. dy for occupanc~ b~' such displaced person or famil3~ at rents comparable to tho~e at the time of their..., displacement, ". AMRNDMRIqT NO. 11 · That Section 316 (Public Improvem~nt~) be amended to read as follows: *(Section 316) Public Xmprovemente " *The Agency is author~e~t to install and construct or to cause to be installed and Constructed the public improvements, facilities and ~ utilities (within or outside the Project area) necessary to carry out the Plan. Such public improvements, facilities, and ~ utilities include, but'are not limited to, over and underp~ses, bridges, streata, curbs, gutters, sidewalks, street lights, sewers, storm dr~__i_~s, traffic signals, electrical distribution systems, natural ga~ distribution systems, water distribution systems, 'parks, plazas and playgrounds, parking facilities, mad landscaped areas, and the public facilities identified in Section 3~.9 of this Amended Plan." AMRNDMRNT lqO., 12 That the first and third paragraphs in Section 320 (General) be amended 'to read as follows: *~%f~*For purpo~s of this Plan the Agency is authorized to sell, lease for a period up to 99 .Fears, exchange, subdivide, ,t,ranafer, · 5 assign, pledge, encumber by-mortgage or deed' 'otherwise dispose of any interest in real property. of trust, or 'All real property acquired by the Agency in the Project area shall be Sold or leased ~ee ~ .... ' ..... ' °-- ' ._ ..... ~ .............v. ;r;::: v.-hi:h-Mmil .to public or private perSOns or entities for development for the uses permitted in this Plan. Property containing buildings or structures rehabihC~ated by the Agency shall be offered for resale within one year iifter completion of rehabilitation or an annual report concerning, such property shall be published by :-'the Agency as required by law. Before any interest in real. property of the Agency acquired in whole or in .part, directl~ or indirectly, with. tax increment moneys is sold, leased, or otherwise disposed of for development pursuant to this Plan~ such 8ale, lease or disposition shall be first approved by the City Council after public hearins~ in conformance with Section 33433 of the Communi.ty Redevelopment Law. Such interest may be 8old, .leased or otherwise disposed of for lees than fair market value~ in accordance with mild Section 33433J' ~qDMRNT NO. 13 That Section 321 (Disposition amended to read as follows: .. to and .Development by Participants) be *'(Section 321). DMpositi0n to and Development by Participants · *The A~ency eh,~11 offer the opportunity to owners to Dartici~ute. in the purchase and development of real property accluired by the Agency in accordance with the rules adopted by the Afency pursuant to Sectio..n 304....of.this Plan,.,! NO. 14 That the third paragraph of Section 322 (Disposition and Development Document,s) be amended to read as follows: : "All property'in the Project area is hereby subject to 'the restriction that there shall, be no discrimination or segregation based upon sex, race, color, creed, religion, marital status, natbnal, origin, or ancestry, in the sale, lease, sublease, transfer, use,'~'occupancy, tenure, or enjoyment of property in the Project area. All property sold, leased, conveyed, or :subject- to a participation agreement shall be expressly subject by. appropriate : 6 documents to the restriction that all deeds, leases, or contracts for the sale, lease, sublease, .or other transfer of land in the Project area sh_a11 contain such nondiscrimination and. non- segregation clauses aa are required by law." AMENDMENT NO. 15 That Section 39-3 (Development by the Agency or Other Public Bodies or Bntities) be amended to read aa follows: "(Section 323)- Development by the Agency or Other Public Bodies or Entities "To. the. . extent now or hereafter permitted by .law, the ..._Agency ma]r, with the consent of the City Council of the City of Tuatin,. pay .all or part of the value of the land for and the cost Of~..the installation and construction of any buildins:, facility, structure, or other improvement which .is publicly owned either within or outside the Project area, if ..the City, Council determines: (1) that such buildinsr8, ..facilities, structures, . or other improvements are of benefit to the Project area or the immediate neighborhood in which the Project is' located, regardless of wlrether such impl'ovement is within another project area; and (2) that no other reasonable means of financing such buildinsrs, facilities, .structures, or other improvements are available to the community. Such determinations by the Asrency and City Council shall be final and conclusive.' '"Specific~_lly, the Asrency, ,may ~ay all or part of the value of the land for and the cost of the installation and construction of any building, facility, structure or other improvement set forth in Sections 316 and 329 of this Plan. ' i;-~When"$he value of such land or the Cost of the installation and "~onstruction of such building, facility, structure, or other improvement, or botht has been, or will be paid or provided for initially by, the City or other l~ublic corporation, the Agency may enter into a contract with the City or other' public corporation under which it ..asrrees'to reimburse the City or other public corporation for all or part of the value of such land or all or part of the cost of such building,, facility~ structure, . or other improvement, or both, by periodic payments over a period of years, #The obligation of the .Agency under such contract shall constitute an indebtedness of. the Agency for the Durl~ose of car- ryinsr out the redevelopment project for the .project area, which indebtedness may be made .payable out of taxes levied in-the Project area and allocated to the Agency under subdivision' (b)...of Section 33670 of the Californ~ Redevelopment'Law and Section 502 of this Plan-~ or out of any other ava'.~able funds. "In a case where such land has been or will be acquired by, or the cost of the installation and construction of such buildinsr, facility, structure or other improvement, has been paid .... by, a Darkin~ authority, joint powers entity, or other public corporation to p~de'a buildinsr, facility, structure, or other iml~rovement which ha~ been or will be leased to the City~ such contract may be made witht and such reimbursement may be made payable to, the City. "Before the 'Agency commits to use the portion of taxes to be allocated and paid to the Asrency ~ursuant to subdivision (b) of Section 33670 for the purpose of pa~in~ all or part of the value of the land for, and th~ cost of the installation and construction of, any l~ublicl~ owned .buildinsr, other ,than parking facilities, the City-Council shall hold a-public hearins~.' ~MENT NO. 16 That Section 324 (Development Plans) be amended to read as follows: : "(Sec. 324) Development Plans 'nAn development plans (whether public or private).shall,, be Processed in the manner provided by aol~licable City ordinances, .. resolutions and other laws existing now or in the future. All development in the. project area must conform to .City and Agency de '.s~l review procedures, including any Desis~n Guide adopted by the Asrency pursuant to this Plan." · That Section 329 (Construction of Public Facilities) be retitled and amended to read aa follows: "(Section 329) Construction of Public Buildinsrs, Facilities, Structures or. Other Improvements "The public buildings~ facilities, structures or other improvements planned for the q~¢wr. ~--'-- "----' ..... · '--- P~j~t ~ea,'~th the ex~ption of pubic bu~d~s and p~kin~ ~ffiUes, ~y be, but a~ not n~es~y be, ~~d p~~y in the pubic ~ght~f-~y. These ~ublic b~dinCs, facilities, =tructu~s 'and other ~p~vemen~ ~y ~clude, but s~ not be ~i~d ~ the foX,g: $~t ~d ~fic ~n~l impr~emen~ on pubic ~h~f- ~y wh~h ~ ~clude, but n~d not be ~d ~ Des~n ~ I~e ~ule~d and Ne~~ Avenue. 'B. ~nter is~d ~ns~ction on pubic r~hts~f-~Y which ~y ~clude, but n~d ~t be B~d ~, the ~1 '~m~o ~~ ~ ~d ~e ~ule~d. ~d~p~g, g~~s, ~h~g, strut ~rniture, and street ~p~emen~, on pubMc ~ghte~f-~ which ~y include, but n~d ~t ~ ~~d ~, E1 ~ ~, ~n S~eet, ThUd St~t, S~d S~t and ~nds~p~ ~d r~r~a~~ f~Ue8 in ~lumbus-Tustin P~k. Acqu~on ~ ~d ~d construc~on of p~~g ~e~ in such ~~ ~ ~y be clear,ned from t~e ~ time by the g~er~i~g body of the ~____..~'- ~development A~ency to be r~~ble and n~es~y. "G.F Acquisition of such land and structures for historic preservation and public use in the Plan Project area as ma7 be determined by the governing body of the ~ Redevelopment Agency to be reasonable and necessary from time to time · "H.G AcquisiUon of land and construction or acquisition of structures for fire service facilities in the .Project area. '~.H '~" Transportation facilities. "~.I The public .improvements described in the' Project' Report. for the Town .Center Area. a copy of which is -"-'-~-~, · .... ..,1-~- 1~ ..~..1 , ~,~ "!-~--~..__ .' ..... ,I,--.,3 ,,-- ~-~--_; ' . ~.~-~ee. located in the Ai[,enc~r's offices. Expand and/or, renovate e~ting civic ,cents. r, inclu,d.,ing city ,,lm]l,. ~olice facilit~r, community center and library. "~. Street and Traffic Improvements: "L. 1) Traffic signal,, (lst St. 8 B St.) -' 2) Street lighting (various, locations) ' 3) Street widening (Prospect ,,Avenue between 1st Street and Main Street) 4) Utilities under.rounding (various) Water, System and Storm Drainage Improvements: 1) Drill and install water walls at: a. 235 g. Main Street b. Future site to be determined 2) -Replace undersized water mains at: a. B S(reet s/o 6tli Street b. prospect Ave between Main and 1st 3) Enlarge existing res.e .rvoir (235. g. Main ,Street) 4) Renovate maintenance building (235 E. Main Street) or. construct new building at City yard 5) Install Ama~[ansett Wa~ storm drain (between Prospect and Acacia) Renovation and expansion of senior citizens center (200 S. c Purchase. ~nd renovate existing school district administrative building for recreational orograms (300 S. C Street} "O. Major renovation of Pe~ertree Park (lst and C Streets} "p. Additional improvements to Columbus Tustin Park (Irvine Boulevard 8 Prospect Avenue}: "1) Phase II: Installation of new storm drains; expansion ~of existing ~arking lot; ,construction of new gymnasium (includin$ new restroom facilities); new I~icnic area. '~'2) P~ase III: Renovation of existing restroom facilities, sprinkler and drainage systems, tennis courts and ball diamonds. /, 10 "Q. ExPansion of Tustin Branch Post Office." -. AMEND~ NO. 18 That Sections 400 through 404 be deleted in their entirety and the following Sections 400 throulh 409. be substituted in lieu thereof: "(Sect/on 400) LAND USES AND DEVELOPMENT REQUIREMENTS "(section 401) Redevelopment Plan Map and Major project Area Land Uses .- "The Redevelopment Plan Map attached hereto illustrates the location of' the Project area boundaryf identifies the ma~or streets within the Project area, and desi~rmtes the major land uses authorized within the Project area b~ the City's current General Plan. The Cit~ will from time to time update and revise 'the General Plan. It is the intention of this Redevelopment Plan that the. major and other land uses to be permitted within ,the. Project area. shall be as provided Within the City's General Plan~. as it currently' exists or as it may from time to time be amended, and as ..implemented and applied b~ Ci~F ordinances, resolutions and otl~er .laws. The major land uses authorized within the Project area b~ the General Plan are described below.....Other .uses. may be authorized from time to time b~, General Plan amendments. ,(Section 402) Major .Land uses · "Major. private, land uses ~ermitted within the Project area shall include: Residential, Commercial-Retail and Office-Professional. The areas shown on the Redevelopment P~lan Map for the fore~oin~' uses nm~ be used for any of the various kinds of uses specified for or permitted within such areas by the General Plan and City ordinances, resolutions and other laws." AMEND~ NO. 19 That Sections 405 (Public Uses), 406 (Public, Semi'Public, Institutional, Open Space and Non-Profit Uses), 407 (Public Streets, Alleys, Rilhts-of-Wa¥, Easements, Improvements and Utilities) be renumbered, respectively, as Section's 403, 404 and 405. AMENDMENT NO. 20 · That a new Sect/on 406 be added, to read as follows: o "(Section 406) Conforming .Properties ~, ~If the owner of DroDert~ within the Project area believes the'~per~y to .be in conformity with this Redevelopment Plan, such owner ma~ aDDly to the Agency for issuance of a c~ertificate of conformance in accordance with this Section 406.' · 11 . _ "The Agency may, at its sole and absolute discretion, determine that certain real properties within the Project area meet the requirements of this Plan, and ..the owners of such propertieg may be permitted to remain as owners of conforming properties without a particiPation agreement with the Agency. provided such owners continue to operate,., use., and maintain the real propertie.s within the requirements of this Plan. A certificate of conformance ,to this effect may be issued by the Agency and recorded. An owner of a cofiforming Drooerty. even after issuance of a certificate of conformance! may be. required by the Agency to enter into a participa.tion agreement with the Agency in the' event that such owner desires to (1) construct any additional improvements or substantially alter or modify existin~ structures on an~. of the real Droperty described above as conforming; or (2) aoquire additional property within the .Project ares," ~MRN~ NO. 21 That Sections 408 through 426 be renumbered, respectively, as Sections 407 through 425. .- NO. 22 That renumbered Section 408 (General Controls, Limitations, Restrictions and Requirements) be amended to real as follows: "(Section 408) General Controls, Limitations, Restrictions and Requirements "All real property in the Proje~t area is hereby made subject to: the controls, limitations, restrictions, and requirements of this Plan and tke any Design Guide adopted by ,the Agency, ~ D ..... ~. ..... '--' .... -'~-~ 'L-; ~--':-- ~.2~. -' '="-.--..)~ and to any ~l~,.w .,~r& v v &~,~.'~.,~ 1,4. l,,,~q.~q,,~d,.v&& ~1 v& ~A&~,.ib.~ other . development controls, limitations, restrictions, and requirements which the Agency deems necessary to implement and further this Plan. No real property shall be developed, redeveloped, rehabilitated, or otherwise changed or altered after the date of the adoption of the Plan, except in conformance with the provisions of this Plan." AMENDMBNT NO. 23 That renumbered 409 (New Construction) be amended to read as follows: "(Section 409) New Construction "Ail construction in th~ Project area shall comply with all ap~ble '~tate and local laws in effect from time-to-time, inclti~ling, without limitation, the Tustin City Code and Zoning Ordinance. ,,, .,, 12 ]awe, or,dinancee~ or, other, in additional standards be adopted to and direct redevelopment activities tn area, includine ~)rooert~r rehabilitation standards Sectton $~-5 hereof, and one or more Design 423 . ag' DwerHng Unite) be amended to read Units Number, of Buildings in the project area be encouraged with the of dwelling units in the project _area shall not exceed 850 dwelling units." AMENDMENT NO, 25 That renumbered Section 417 (signs) be amended to read as follows: "(Section 417) Signs "On premises signs shall be permitted in the Project area only in conformity with applicabls state statutes and local laws, including, without limitation, the Tustin City Code. Design for all sierra shall be submitted prior to installation to the Agency ~ ___. _, ,L~ ~ .... · ..... ' -'--- f=r::---L ~~;t~ '- ~ and/or the City for review and a~roval pursuant to the procedures described in this Plsn.~ AMBND~ NO. 27 That renumbered Section 420 (Nondiscrimination and Nonsegregation) be amended to read as follows: _ : '(Section 420)~ Nondiscrimination and Nonsegregation 'There shall be no discrimination or segre~ation based upon sex, race, color, creed, marital .status, religion, national orion, or ancestry permitted in the sale, lease, sublease, transfer, use, occupancy, tenure, or er[jo~nent of property in the'Project area." AMBNDMBNT NO,. 27 That re. numbered Section 423 (Desitin for Development) be retitled and amended to read as follows: "(Section 423) Design f~,-ge~~~ Guide "Within the limits, restrictions, and' controls established in this Plan, the Agency is authorized to establish building height and land coverage limitations and requirements; setback requirements, design criteria; and sis:na~e, landscaping, ~arkin~, traffic circulation, traffic access, and other development and design standards necessary for proper development of spee~t~ie. beth private and ~ublic areas within the Project .area. These ma~ be established b~ the aD0roval of specific developments, b~ the adoption of ~eneral restrictions and controls b~ resolution of the A~ency, or by the adoption of one or more Design Guides pursuant to this Section. · ~No. ne~ improvement shall be constructed and no existin~ improvement shall be substant~]¥ mo'dified,....alt, ered~ repaired, or rehabilitated except in accordance with architectural, l~ndscape, and site plans submitted to and a~Droved in writing' b~ the 14 Executive Director ,of, the As~e~c7 unless allowed pursuant to the procedures of Section 424 hereof. One of the objectives of this Plan is to create an attractive and pleasant environment in the Project area. ?herefore~ such plans shall rive consideration to food design, open space, ,and other amenities to enhance the aesthetic and architectural, qualit7 of the Project area. The Afency shall not approve any olans that do not comply with this Plfmo" That renumbered Section 424 (Buildin~ Permits) and renumbered Section 425 (Review of Applications for Issuance of Permits) be retitled and amended to read as follows:-- Section 424) Buildin,[ Permits · ~__ ~__. ...... f~ ~- ~_~_. _~ _~__&.__ ~-- i ~ . ~6~ ~:~ ___~ ......... a ~ L .... ~ 2 .... ~ LL2-- rtl__ ~__.~ .... ~_ _11 ~rk ~ the ..:.::.:).~ ~bn~ ~natmction, ~, ~nversMn, ~ratMn, or addition .::';:'::::~T.~.: ~. bu~d~, at~ctu~, or ~~ ~ au~B~tion for such-' '/:~):~~t '~. ~n ~de bT the owner or hM scent ~d p~essed in ~ auto.ed ~ ea~bBah'~~t p~edure8 ~d :a~9~]a ~n ,addit~n ~., ~e set forth able where requMed for ~ ~ P~. Whe~ such additio~ p~edure8 and a bufld~ ~~t sh~ be ~sued only the ~e of a=~tion." ON' FINANCBS)be amended to read as follows: . . . The ~ortion of taxes divided and allocated ,to the Agency 'oursuant to subdivision (2) of Section 602 above shall not exceed & cumulative, .tptal of $90,000,000, except by amend- .,lent of this Plan. Such limitation is exclusive of: (1) any ~nts to taxinsr agencies to alleviate financial burden _made by. the A~encY:-pursuant to Section 33401 of the and Section 306 of this Plan; required b7 Section 33334.2 of the Law to. be deposited by the Income Housing Fund as a or incur loans, advances, or zn whole or in part the Project the date of adoption of this Plan. ~btednees ma7 be repaid over a time. beTond said time 'limit. Such time limitation amendment of this Plan." BONDED XND~~~SS) be amended to BONDED INDEBTEDNESS .T in whole or of shall not.-exce, ed $35,000,000 in Drincil3al amount, exceD~ b7 amendment of this Plan.' Such limitation is exclusive of: 1) any paTments to be made from suCh principal amount b7 the AgencT. to anT. taxin.~ a~ency pursuant...to Section 33401 of the Community Redevelopment .Law and Section 306 of this Plan to alleviate financial burden; and 9.) any funds required by Section 33334.2 of the Community Redevelopment Law to be deposited by the A~ency in a Low and Moderate Income Housing Fund as a result of such pazments to . .taxin~ agencies.". AMENDMBNT NO. 31 · That Section 1000 (DURATION OF THIS PLAN) be amended to read as follows: .. "(Section 1000) 'DURATION OF THIS PLAN "Except for the non-discrimination and non-segregation provi~ons which shall run in perpetuity, the provisions of this Plan shall be effective, and the provisions of other documents ' formulated pursuant to this Plan may be made effective, for thirt7 (30) 3~ears from the effective date of adoption of this Plan b7 the City-Council; provided, however, that the A~ency may. issue bonds and incur obligations pursuant to this-Plan which extend bez0nd the termination date,, an'd in' such .event, .this Plan shall continue .in ...effect for.. the purpose Of repazing such bonds or other obli~ti0ns, as...determined by the City Council." AMEND. ~ NO. 32 That the pages of the Amended Redevelopment Plan as amended by the First Amendment and this Second Amendment be renumbered to reflect correct pagina.t/on, and that. a Table of Contents be added to the Amended Redevelopment Plan as amended by the First Amendment and this Second Amendment. 17 DECLARATION PURSUANT TO GOVNRNMBi~ CODE SECTION' 7550 This Second Amendment to the Amended Redevelopment Plan for the Town Center Area Redevelopment Project is prepared pursuant to an A~reement for Services by and between the Tustin Community Redevelopment A~ency dated July 7~ 1986, and amended April 24, 1987 and a letter of authorization issued thereunder, dated June 11, 1987, which letter .provides for plan amendment adoption services in~_olvin~ preparation of ~arious documents and the provision of administrative coordination services. 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' ·~1~ - · 4b,.4~ Odd ' ..p4·4 · . · Ilplpl~O ~t,~ ',glo · .-. qBIo Io1"~ ~m II~l 4O I plO. .'o d ·· ·UB, pi 4Of ·0 I · '.~ .· .,pt.M N .0 ~ ~4 · ' 01~44O~ 0o,-4 I000··.. 'plMO · b .id '" ; - o, =o ~ .-;,' :.. ~o). ,.o : .-.::- · .- · .,144b dd I· 410 ·0~ ~ lop4 Il, sO0 ~,~ ~,,, · ~t, 0..4 .. e o · o · I .k · l M b~ 0 '~M · ' k~ m O~M ioO~e ~ ~ 0 0 O I bk M 0~1- t I I I I lOIN ~0~ .- e,.l. ,~ - 0 ~1 e,.. 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 23 25 26 27 RESOLUTION NO. 2545 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF TUSTIN, RECOMMENDING ADOPTION OF THE SECOND AMENDMENT TO THE AMENDED REDEVELOPMENT PLAN FOR THE TOWN CENTER AREA REDEVELOPMENT PROJECT.. WHEREAS, the Tusttn Redevelopment Agency has prepared and submitted to the Planning Commission a proposed Second Amendment to the Amended Redevelopment Plan for the TOWn Center Area Redevelopment Project; and WHEREAS, Section 33358 of the Community Redevelopment Law (Health and Safety Code, Section 33000__et se.q.) provides that the Planning Commission is to review the proposed Second Amendment and make frs report and recommendations thereon to the Redevelopment Agency and *the City Council, including a determination that the proposed Second Amendment conforms to the General Plan of the City of Tusttn; and WHEREAS, Section 65402 of the Government Code provides In part': '(a) If a general plan or part thereof has been adopted, no real property shall be acquired by dedication or otherwise for street, square, park or other public purposes, and no real property shall be disposed of'; no street shall be vacated or abandoned, and no public building or structure shall be constructed or authorized, if the adopted general plan or part thereof applies thereto, until the location, purpose and extent of such acquisition or disposition, such street vacation or abandonment, or such public building or structure have been submitted to and reported upon by the planning agency as to conformity with said adopted general plan or part thereof..." '"(c) A local agency shall not acquire real property for any of the purposes specified in paragraph (a) nor dispose of any real property, nor construct or authorize a public building or structure, tn any county or city, if such county or city has adopted a general plan, or part thereof, until the location; purpose and extent of such acquisition, disposition, or such public building or structure'have been submitted to and reported upon by the planning agency having jurisdiction, as to conformity with said adopted general plan or part thereof..."; and WHEREAS, the above required reports and recommendations, including matters referred to in Section 33458 of the Health and Safety Code and Section 65402 of the Government Code, are to be made to the Redevelopment Agency and the City Council for their consideration in acting on the adoptt, on of the Second Amendment to the Redevelopment Plan; and WHEREAS, the Planning Commission has considered the proposed Amended Redevelopment Plan, including the Draft Environmental Impact Report, and tbe~Genera~l Plan of the City and other pertinent reports and documents. · ~,. 1 ?' 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 25 26 27 28 Resolution No. 2545 Page two · .. NOW THEREFORE, THE PLANNING COMMISSION OF THE CITY OF TUSTIN, CALIFORNIA, OOES RESOLVE AS FOLLOWS: Section 1. Findings. The Planntng Agency hereby finds and determines that: (a) Pursuant to Sectton 33453 of the Community Redevelopment Law, the proposed Second Amendment to the Amended Redevelopment Plan for the Town Center Area Redevelopment Project (attached hereto as Attachment No. 1) conforms to the General Plan of the Ctty of Tustln. . (b) ' Pursuant to Section 65402 of the Government Code, with respect to publtc activities which may be undertaken within the Project Area pursuant to the Amended Redevelopment Plan, as amended by the Second Amendment, and that are referred to in said section, such activities and undertakings conform to the General Plan of the City of Tustin. Section 2. Report and Recommendations. ._The Planntng Commission hereby reports to the TUstln Redevelopment Agency and the Ctty Counctl of the City Of Tusttn the ftndtngs referred to in Section I hereof, 'and r~commends the approval and adoptton of said Second Ameodment as subndtted by the-Tusttn Redevelopment Agency. In the event that prtor to 1ts adoption of the Amended Redevelopment Plan, the City Councll desires to make any adnor, technical, 'or clarifying changes to the Redevelopment Plan, the Planning Comdsston hereby ftnds and determines that any such minor, technical, or clarifying changes need not be referred to tt for further report and recommendation,' and hereby watves 1ts report and recommendation under Section 33453 of the Community Redevelopment Law concerning any such change. Sectton 3. Transmittal. The Planning Commission's Secretary shall transmtt a copy of this' "Res61utton to the Tusttn Redevelopment Agency and the Ctty Counctl of the City of Tusttn for consideration as part of the Agency's Report to the City Counctl pursuant to Sectton 33352 of the Community Redevelopment Law, and thts Resolution shall 'be deemed the report &nd recommendations of the Planntng Commission concerning the proposed Second Amendment and contemplated publlc projects and activities thereunder~ as requtred by applicable provisions of law. PASSED, APPROVED AND ADOPTED this 28th day of November, 1988. Penni Foley Recording Secretary A, L' Baker Chatrman r eport to the .. · planning Commission ITEM NO. 5 I DATE: SUBJECT: .- NOYEI~BER 28, 1988 POLICY 011 TEHPO~RY USE I~RPIZTS FOR COLD-AZR BAILO011S RECOI4FIENDATION ... Pleasure of the Commission. .J BACKGROUND The Ctty Councti at thetr regular meettng on November 21st revte~ed a report requested by Counctlmn Prescott regardtn§ the Ctty's poltcy on reviewing and approving cold-att balloons for advertising and grand opentn9 events. Prtor to discussing the rotter any further, the Ctty Counctl referred the matter to the Planntng Cdmmtsston for revte~ and recommendation. Attached to this staff report ts the report to the Ctty Counctl outltnJng current procedures and code provisions regulating temporary advertising devtces. At the request of the Comflsston, staff would be prepared to draft for future consideration any requested poltcy or code amnd~ents. ~ . .. ~-:.~ Dtrector of Development,. CAS:ts A1 ' -' ' Inter- Corn-. TO: #ILLIAH A. HUSTON, cITY MANAGER FROM: COHPNJNITY DEVELOPMENT DEPARTMENT SUBJECT: POLZCY ON TENPO~RY USE PER~ZTs FOR COLD-A~R BALLOONS · RECIZUI~IENDATZON ii ii Pleasure of the City Council. BACKGROUND Counctlmn Prescott at the City Council's meeting on November 9th requested a report on the City's policy in re.viewing and approving cold-air balloons for advertising and grand opening events. BannePs, bunting,' advertising or decorative flags, balloons and similar devices generally require a .Temporary Use Permit. and Sign Permit pursuant to Section g480 of the Tusttn City Code. Master Sign Plans for individual Specific Plan or Planned Unit Development Districts in the City, in some cases, preclude temporary banners and cold-air balloons (i.e., Auto Center). Deviations from Master Sign Programs require Planning Commission approval. Where authorized by -*the code, or a Master Sign Program, the Community Development Department may approve.a temporary use permit limited to 30 days per quarter. In the event the Community D,evelopment Department denies a balloon request, the applicant has the rtght-to~sub~t an a to the City Council for their review and approval. Since' the P' g. Sston and City CoUncil have gone on record as .previouslyI opposing the approval of cold-air balloons, Community Development Department staffhave*.;COnststently'dented requests for cold-air balloons with two recent exceptions~il) tn~1988 for grand-opening of Market Place ~ii~i;mnd:.~2) &:~ balloon permitted in lg88 for (not restricted to one-tenant). or waivers of this n C6de. ~ C~ty Counctl Report Poll cy on Temporary Use for Cold Att Balloons November '21, 1988 Page ~o ~n currently preparing amendments to the Stgn Code, the Planntng Commission has also requested cold-att balloons be prohlb~ted, unless a variance ~s spec11:1 cally granted by the C1 ty Counct 1. In the event the Ctty-Counct1 ts dissatisfied wtth current policy tmPTementatton on thts matter, stat:1: would suggest that the tssue be ret:erred to the Planntng Commission 1:or a revte~ and recommendation since the Stgn and Zoning Codes are mpa cte d. Chr'~Stine A.. 'Si~tngl,e~n Dtrector o1: Communt't.y Development CAS: ts Report to the Planning Commission ITEM NO. 6 DATE: NOVEMBER 28, 1988 SUB,,1ECT: REPORT ON COUNCIL ACTIONS - NOVEMBER 21, 1988 Oral presentation. pef Attachments' City Council Action Agenda - November 21, 1988 · Community Development Department ALL PRESENT Io ACT[ON AGENDA OF A REGULAR HEETING OF THE TUSTIN CITY COUNCIL NOVEMBER 21, 1988 .. CALL TO ORDERTPLEDGE. OF. ALLEGIANCE/INVOCATION .. ,- , ROLL CALL " I'II. PUBLIC HEARINGS APPROVED VARIANCE 1. APPEAL OF PLANNING COMMISSION DENIAL OF VARIANCE NO. 88-7 Recommendation: Deny Variance 88-7 by adoption of the following Resolution No. 88-119 as recomended by the Community Development Department: RESOLUTION NO. 88-119 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TUSTIN, CALIFORNIA, DENYING THE APPEAL FOR VARIANCE NO. 88-7 FOR THE HEADACHE TREATMENT CENTER OF ORANGE COUNTY (DAVID E. SOSIN, M.D.) AT NEWPORT AND MITCHELL AVENUES CAROLE BRY~JIT IV. PUBLIC INPUT SPOKE AGAINST DIAMORO LANES. 1/EPA LANGLOIS REQUESTED STAFF HELP THEM-I:a:I'THE DIA~ND LANES OPENED TO ALL TRAFFIC FOR A - SIGNIFICANT PERIO0 OF TII~. SAIl)PA PI~GAZZU SPOKE REGARDING DIAI, dK)RO LANES. -- ( FERGUSON SPOKE ZN FAVOR OF A (:LOVER LEAF AND ,]APBOREE ROAO (X)ULD HANOLE THE TRAFFIC IF Tb.,,,iN RANCH ROAO ~RE ELIHZNATED. SHE ASKED COUNCIL TO INVESTIGATE HOOIFICATIONS. COUNCIL HOVEl) TO AGENOIZE FOR JANIJARY IwEETING THE ROV LANES AND THE ISSUES OF THE RESIDENTS REG~DING ELEVATED ll~ITWAY$. CONSENT CALENDAR APPROVED 1. APPROVAL OF MINUTES - NOVEMBER 7, 1988, REGULAR MEETING EDGAR SAID THAT THE MINUTES {ERE CORRECT BUT THAT RESOLUTION NO. 88-118 DID NOT REFLECT THAT HE ABSTAINED ON THE VOTE. APPROVED 2. APPROVAL OF DEMANDS IN THE AMOUNT OF $1,559,918.90 RATIFICATION OF PAYROLL IN THE AMOUNT OF $194,267.18 APPROVED STAFF RECOPINEmATION APPROVED STAFF RECOI~IENDATION ~VED STAFF r ~EI~ATION 3. REJECTION OF CLAIM NO. 88-58; CLAIMANT-THOMAS BOlS II, DATE OF LOSS-4/19/88, DATE FILED WITH CITY-10/14/88 Reject subject claim for damages in the amount of $1,000,000.00 as recommended by the City Attorney. .4. REJECTION OF CLAIM NO. 88-46; CLAIMANT-PAUL EWING, DATE OF LOSS- 7/6/88, DATE FILED WITH CITY-8/2/88 Reject subject claim for damages of an undetermined amount as recommended by the City Attorney. 5. 'REJECTION OF CLAIM NO. 88-61; CLAIMANT-SOUTHERN CALIFORNIA· EDISON COMPANY, DATE OF LOSS-6/17/88, DATE FILED WITH CITY-10/28/88 Reject subject claim for damages in t._he 'amount of $3,937.75 as reconmnended by the City Attorney. CITY 'COUNCIL ACTION AGENDA PAGE 1 1'].-21-88 ADOPTED RESOLUTION NO. 88-120 6. RESOLUTION NO. 88-120 - A RESOLUTION OF THE CITY COUNCIL O'F THE CITY OF TUSTIN, CALIFORNIA, DECLARING SURPLUS AND TRANSFERRING SURPLUS RADIO EQUIPMENT TO THE ORANGE COUNTY CHAPTER OF THE AMERICAN RED CROSS FOR USE IN CONNECTION WITH EMERGENCY SERVICES Ad(~t Resolution No.. 88-120 declaring surplus radio equipment be. transferred to the Orange County Chapter of the American Red Cross for use in connection with emergency services as recommended by the Police Department. APPROVED STAFF RECOMMENOATION 7. DONATION OF AUTOMOBILES TO THE 'TOSTIN AREA SENIOR CENTER FUND, INC. Accept two automobiles from Mr. Robert Voorhies as gifts on behalf of the Tustin Area Senior Center Fund; and to authorize staff to sell the automobile~ at auction with the proceeds to be given to the Tustin Area Senior Center Fund, Inc. as recommended by the Community Services Department. ADOPTED RESOLUTION NO. 88-122 AND APPROVED STAFF RECOI~ENOATION 8. TUSTIN RANCH ROAD/SANTA ANA FREEWAY (I-5) INTERCHANGE COOPERATIVE AGREEMENT RESOLUTION NO. 88-122 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TUSTIN, CALIFORNIA, APPROVING PLANS AND SPECIFICATIONS FOR CONSTRUCTION OF IMPROVEMENTS FOR THE TUSTIN RANCH ROAD/SANTA AN (I-5) FREEWAY INTERCHANGE AND AUTHORIZING ADVERTISEMENT OF BIDS ADOPTED RESOLUTION 88-123 Adopt Resolution No. 88-122 approving plans and specifications for the Construction* of improvements for the Tustin Ranch Road/Santa Ana (I-5) Freeway interchange project as recommended by the Public Works Department/Engineering Division: and Approve the Tustin Ranch Road Interchange cooperative agreement and authorize the Mayor to execute the said agreement as recom- mended by the Public Works Dpartment/Engineering Division. 9. RESOLUTION NO. 88-123 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TUSTIN, CALIFORNIA, ACCEPTING WORKS OF IMPROVEMENT AND AUTHORI- 7-ING RECORDATION OF NOTICE OF COMPLETION FOR ASSESSMENT DISTRICT 85-1 IMPROVEMENTS ON JAMBOREE RAD FROM I-5 FREEWAY TO IRVINE BLVD. APPROVED STAFF RECOMMENDATION 10. AGREEMENT WITH HUNSAKER & ASSOCIATES IRVINE FOR PROFESSIONAL SER- VICES FOR CONSTRUCTION OF TUSTIN RANCH ROAD, PORTOLA PARKWAY, LA COLINA DRIVE AND IRVINE BOULEVARD, AD NO. 86-2 Approve an agreement with Hunsaker & Associates Irvine, Inc. for construction surveying in the amount of $102,621.00 as recom- mended by the Public Works Department/Engineering Division. APPROVED STAFF RECOI~IENDATION VI. VII. 11. AGREEMENT WITH THE KEITH COMPANIES FOR PROFESSIONAL SERVICES FOR IMPROVEMENT OF TUSTIN RANCH ROAD BETWEEN EDINGER AVENUE ANO WALNUT AVENUE Approv~ an agreement with the Keith Companies for preparation of preliminary design and project report for improvement of Tustin Ranch Road between Edinger Avenue an.d Walnut Avenue in the amount of $25,029.00 as recommended by the~ Public Works Depart- ment/Engineering Division. ORDINANCES FOR INTRODUCTION - None ORDINANCES FOR ADOPTION - None CITY COUNCIL .ACTION AGENDA PAGE 2 11-21-88 VIII. OLD BUSINESS }MMENDATIOM 1: STATUS REPORT - jWA/CRAS/ASC Recommendation: Receive and file subject report as recommended by the Community De ve l 'opment Department. APPROlffJ) STAFF 2. SANTA AMA (I-5)/COSTA MESA (RTE 55) ~RANSITWAY STATUS REPORT RE(~)~NOATIO# Recommendation: Authorize staff to meet and discuss with the ANO TO EXPLORE AN ALTERNATIV~ Caltrans' staff 'on the-following items:' (1) potent.iai mitigation ALIG~&~mENT measures for the elevated transitway with respect to-~ound and visual impacts, (2) physical mitigation measures for loss of parking spaces {Covered and open} and (3) definition of actual required right-of-way needs as they relate to the existing · condominium develpment as recommmended by the Public Works Department/Engi neeri ng Di vi si on. APPROYED STAFF RECOI~ENDATIOII 2. SANTA AMA (I-5)/COSTA MESA (RTE 55) TRANSITWAY STATUS REPORT Recon~ndation: Authorize staff to meet and discuss with the Caltrans' staff on the following items: (1) potential mitigation measures for the elevated transitway with respect to sound and visual impacts,' (2) phys.ical mitigation measures for loss of parking spaces (Covered and open) and (3) definition of actual required right-of-way needs as they relate to the existing condominium develpment as recommmended by the Public Works Oepartment/Engi neeri ng Di vi si on. ' IX. MEW BUSINESS ~ 1NING ~ISSION TO 1. POLICY ON TEMPORARY USE PERMITS FOR COLD-AIR BALLOONS U...,m~ AT THIS Recommendation: Pleasure of the City'Council. AgENDIIE FOR 21tl) 2. AMENDMENT OF TUSTIN CITY CODE TO ALLOW KEEPING OF ANIMALS FOR MEETING IN DE~R BIOMEDICAL RESEARCH WITH NORE DETAIL JIIID S~IAT ACTION OTHER CITIES HRYE Recommendation: Pleasure of the City Council. TAKEN. ~DGA~ ll) MEET WITIt 3. NEWPORT BAY SEDIMENT CONTROL PLAN CITY ENGINEER AND ~ING BAOC A ~EPORT FOR N~XT Recommendation: Pleasure of the City Council. MEETING. ' APPROVED STAFF RECOFIIENDATION 4. AWARD OF CONTRACT FOR CONSTRUCTION OF JAMBOREE ROAD BETWEEN IRVINE BOULEVARD AND TUSTIN RANCH ROAD Recommendation: Award a contract to Sully Miller Contracting Co. in the amount of $4,309,315.55 for the above-referenced project as recommended by the Public Works Department/Engineering Division. APPROVED STAFF RECOMMENDATION. 5. AWARD OF CONTRACT FOR CONSTRUCTION OF TUSTIN RANCH ROAD, PORTOLA PARKWAY, LA COLINA DRIVE AND IRVlNE BOULEVARD · Recommendation' Award a contract to Sully Miller Contracting - Company in the amount of $5,157,062.90 for construction of 'the above-referenced project as recommended by the Public Works Department/Engi neeri ng Di visi on. CITY COUNCIL ACTION AGENDA PAGE 3 11-21-88 ADOPTED. RESOLUTION aa- z4 6- STOP SIGN REQUEST AT LAURIE LANE AND MALENA DRIVE AND 'AT ANGLIN DRIVE AND MALENA.DRIVE RESOLUTION NO. 88-124 - A RESOLUTION OF THE CITY .COUNCIL OF THE CITY OF TUSTIN, CALIFORNIA, DESIGNATING PLACEMENT OF. CERTAIN STOP SI'GNS .(LAURIE LANE AND ANGLIN DRIVE AT MALINA DRIVE) ~PROV~ STAFF RECOMMENDATION 7. EL CAMINO REAL BETWEEN BROWNING AVENUE AND 300+ FEET EASTERLY OF TUSTIN EAST DRIVE · Recommendation: Authorize the installation of the following improvements along the northerly Side of E1 Camino Real between Browning Avenue and 300+ feet easterly of Tustin East Drive as recommended by the Public Works Department/Engineering Division. RATIFIEO X. REPORTS 1. PLANNING COMMISSION ACTION AGENDA - NOVEMBER 14, 1988 Recommendation: R-atify subject Planning Commission Action. i i i RECOIWm~ENDEO ALTER/lA- '2. MAIN STREET AND EL CAMINO REAL INTERSECTION TRAFFIC 'STUDY TI VE 'B' FOR EL CAHII~ AND ALTERlqATIVE '0' FOR Rec~endation: Pleasure of the City Council. SIN STREET RECEIVED AND FILED 3. RECEIPTS AND EXPENDITURES FOR RECREATION CAPITAL IMPROVEMENTS · · 'Rec~endation: Pleasure of the City Council. · ICE) .... REQUESTED XI. OTHER BUSINESS TH~ dE I~ETING BE ADdOURNEO IN I~NORY OF ,IOSH STEWART. ICENNEDY REQUESTED A PRO~~TION FOR TIE THEATRE ARTS OIVISION AT TOSTIN HIGH SCHOOL AND THE TEACHER, LISA ROOESMAN. KENNEDY WAS INTERESTED IN THE REGXSTER aRTICLE REGARDING ORGANIZING VOLUNTEERS ~ ARE INTERESTED IN GETTING COI~41JNITY CABLEVISION TO TELEVISE COUNCIL ~ETINGS. KENNEDY REPORTED THAT THE PEOPLE OR VINEkooo AND E. YORBA HAVE NOT .RECEIVED THEIR QUESTIONAIRES REGARDING TRAFFIC STUDY AT YORBA STREET AND HEIGHTS DRIVE. CONTINUED THIS TO THE 2ND ~EETING IN JANUARY SO THAT MORE NDTIFICATIONS COULD BE SENT OUT. EOGAR FELT CANOI~TES SHOULD TAKE DOWN THEIR SIGNS ANO CLEAN THE ~ItOLE CITY OF POLITICAL SIGNS. SET JANUARY 16TH AT 5:30 P.M. AS WDRICSHOP FOR ANALYSIS OF OUR WATER DEPARTMENT. EDGAR SUGGESTED HAVING A STUOY FOR ALL CAPITAL IMPROVEMENTS IN FEBRUARY. PRESCOTT EXPRESSED' ItIS APPRECIATION FOR THE [RkO RETAIL WATER SERVICES TO CITY OF TUSTIN REPORT. KENNEDY CONGRATULATED COUNCILMAN PRESCOTT ON HIS NEW SON, SAMUEL OOMINIC PRESCOTT. HGESTEREY THANKED".,~AFF FOR COORDINATION OF THE TRIP FOR 20 UNOERPRIVILEGEO CHILDREN TO O ~S ..... "LAND. · .. ._ . _ CITY COUNCIL ACTION AGENDA PAGE 4 11-21-88 RECESSED TO XII. CLOSED SESSION CLOSED SESSION AT r ?O.P.M. The City Council will recess to a Closed Sessi'on to meet with ils AJ ]EN ADJOURNED designated representatives regarding labor relations matters pursuant TO ..,E NEXT REGULAR' to Government Code Section 54967.6. COUNCIL )EETING ON MONDAY, DECEMBER X111. ADJOURNMENT - To the Next Regular Meetin9 on Monday Oecember 5, 1988, 5, 1988 AT 7: O0 p.m. at 7: O0 p.m. CITY COUNCIL ACTION AGENDA PAGE 5 11-21-88 ALL PRESENT APPROVED APPROVED NONE 9:51 le 3. 4. e ACTION AGENDA OF A REGULAR ~ETING OF THE TUSTIN REDEVELOPMENT AGENCY NOVEMBER 21, 1988 · CALL TO ORDER ROLL CALL APPROVAL OF MINUTES - NOVEMBER 7, 1988, REGULAR MEETING APPROVAL OF DEMANDS IN THE AMOUNT OF $51,380.59 Recommendation: Approval of subject demands in the amount of $51,380.59 as recommended by the Finance Department. OTHER BUSINESS ADJOURNMENT- To the next Regular Meeting 'on Monday, December 5, 1988, at 7:00 p.m. REDEVELOPMENT AGENCY ACTION AGENDA PAGE i 11-21-88