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Home My WebLink AboutRPT 1 P.C. ACT AGENDA 11-16-87J~ ~i~ E" ~ ACT T ON AGENDA ~ ~ ~ ~ ~/-~--/~}' ~-, TUSTIN PLANNING COPIHISSION REPORTS NO. 1 11-16-87 REGULAR MEETING NOVEMBER 9, 1987 CALL TO ORDER: 7:30 p.m., City Council Chambers PLEDGE OF ALLEGIANCE/INVOCATION ROLL CALL: PRESENT: Wet1, Baker, Le Jeune, Ponttous ABSENT: Puckett PUBLIC CONCERNS- (Limited to 3 minutes per person for 1rems not on the agenda) IF YOU WISH TO SPEAK TO THE COMMISSION ON A SUBJECT, PLEASE FILL OUT THE CARDS LOCATED ON THE SPEAKER'S TABLE. ALSO, PLEASE GIVE YOUR FULL NAME AND ADDRESS FOR THE RECORD. CONSENT CALENDAR: (ALL MATTERs LISTED UNDER CONSENT CALENDAR ARE CONSIDERED ROUTINE AND WILL BE ENACTED BY ONE MOTION. THERE WILL BE NO SEPARATE DISCUSSION OF THESE ITEMS PRIOR TO THE TIME OF. THE VOTING ON THE MOTION UNLESS MEMBERS OF THE .COMMISSION, STAFF OR PUBLIC REQUEST SPECIFIC ITEMS TO BE DISCUSSED AND/OR REMOVED FROM THE CONSENT CALENDAR FOR SEPARATE ACTION.) 1. Minutes of October 26, 1987 Planning Commission Meetin.g' Comdsstoner Le Jeune moved, Ponttous seconded to approve the m~nutes of the October 26, 1987 meting.' Motion carried 4-0. 2. FINAL TRACT MAP 12855 APPLICANT: OWNER: LOCATION: ZONING: ENVIRONMENTAL STATUS: REQUEST: CAL PAC DEVELOPMENT MR. FRANK WU 14151 NEWPORT AVENUE TUSTIN, CALIFORNIA 92680 14572, 14582, 14592 HOLT AVENUE SPECIFIC PLAN NO. 6 A NEGATIVE DECLARATION WAS PREVIOUSLY APPROVED IN CONJUNCTION WITH TENTATIVE TRACT MAP 12855 TO RECOMMEND TO CITY COUNCIL FINAL*APPROVAL OF TRACT 12855 Resolution No. 2455 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF TUSTIN RECOMMENDING TO THE TUSTIN CITY COUNCIL APPROVAL OF FINAL TRACT MAP NO. 12855 Planning Commission Acrid,. Agenda November 9, 1987 Page two Chatrmn Wetl m~..ved, Bak.er. seconde.d to approve Consent Calendar. Iqotlon carried 4-0. PUBLZC HEARINGS 3. USE PERMIT 87-26 APPLICANT: OWNER: LOCATION: ZONING: ENVIRONMENTAL STATUS: REQUEST: ~TEVEN R. CRAM 13832 RED HILL AVENUE TUSTIN, CALIFORNIA 92680 EDGAR E. PANKEY 320 WEST MAIN STREET TUSTIN, CALIFORNIA 92680 13832 RED HILL AVENUE C-1: RETAIL.COMMERCIAL CATEGORICALLY EXEMPT, CLASS 1 AUTHORIZATION FOR A TYPE 41, BEER AND WINE LICENSE RESTRICTED TO ON-SITE CONSUMPTION IN CONJUNCTION WITH A RESTAURANT USE PURSUANT TO ORDINANCE NO. 981' Resolution No. 2446 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY' OF TUSTIN, AUTHORIZING A BEER AND WINE LICENSE FOR ON-SITE SALES AT 13832 RED HILL AVENUE. Presentation: Joel Slavit, Assistant Planner Comtsstoner Baker a roved, Le Jeune seconded to approve Use Permtt No. 87-26 by the a ed 4-0. .... ® USE PERMIT 87-22 APPLICANT: OWNER: LOCATION: ZON I NG: ENVIRONMENTAL STATUS: REQUEST: MR. JEFFREY BORDOCK ON BEHALF OF LA ESQUINA 14841YORBA STREET, SUITE 103 TUSTIN, CALIFORNIA 92680 CALIFORNIA PROPERTIES 17251E. SEVENTEENTH STREET; SUITE D TUSTIN, CALIFORNIA 92680 17245 E. SEVENTEENTH STREET CG: COMMERCIAL GENERAL CATEGORICALLY EXEMPT, CLASS 1 AUTHORIZATION FOR ON-SITE SALES OF GENERAL LIOUOR (LICENSE TYPE NO. 47) IN CONJUNCTION WITH A RESTAURANT USE Resolution No. 2444 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF TUSTIN, AUTHORIZING USE PERMIT 87-22 FOR ON-SITE SALES OF GENERAL LIQUOR (TYPE 47) IN CONJUNCTION WITH A RESTAURANT USE AT 17245 E. SEVENTEENTH STREET Planning Commission Actib., Agenda November 9, 1987 Page three Presentation: Laura Cay Pickup, Associate Planner Co,,,tsstoner Baker moved, Le Jeune seconded to approve Use Per;tt 87-22 by the Resolution No. 2444'~ Motion c~r~ted ""4-0. mi AMENDMENT NO. I TO ZONE CHANGE 84-4 APPLICANT: & OWNER: LOCATION: ENVIRONMENTAL STATUS: REQUEST: GOLDRICH, KEST AND ASSOCIATES 15233 VENTURA BOULEVARD; SUITE 816 SHERMAN OAKS, CALIFORNIA 91403 1262 BRYAN AVENUE THIS PROJECT IS CATEGORICALLY EXEMPT FROM THE CALIFORNIA ENVIRONMENTAL QUALITY ACT, CLASS I - EXISTING FACILITY WHICH CONSISTS OF THE OPERATION OF A PRIVATE FACILITY INVOLVING NO EXPANSION OF USE BEYOND THAT PREVIOUSLY EXISTING AUTHORIZATION TO AMEND THE DEVELOPMENT PLAN FOR TUSTIN ROYALE TO ALLOW A' MAXIMUM OF SIX (6) NON-AMBULATORY, WALKER ASSISTED, SENIOR RESIDENTS Resolution No. 2448 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF TUSTIN RECOMMENDING APPROVAL OF AMENDMENT NO. 1 OF ZONE CHANGE 84-4, FOR THE PROPERTY KNOWN AS TUSTIN ROYALE, 1262 BRYAN AVENUE Presentation: Mary Ann Chamberlain, Associate Planner Co..,tsstoner Baker moved, Le deune seconded to approve A~end.ent No. I to Zone Change 84-4 by' ~he adoption of R~solutton No. 2448. Motion carrted 4-0. ® TENTATIVE TRACT MAP NO. 13053 AND DESIGN REVIEW 87-33 APPLICANT: LOCATION: REQUEST: ENVIRONMENTAL STATUS: J. M. PETERS COMPANY LOTS 3, I AND J OF TRACT 12763 1) AUTHORIZATION TO SUBDIVIDE 24.359 ACRES INTO 118 NUMBERED AND 3 (THREE) LETTERED LOTS FOR SINGLE FAMILY DEVELOPMENT, 2) APPROVAL OF SITE PLAN AND ARCHITECTURAL DESIGN OF THE PROPOSED PROJECT INCLUDING AN ADMINISTRATIVE ADJUSTMENT FOR FRONT SETBACKS THE PROJECT IS COVERED BY A PREVIOUS EIR (85-2) FOR THE EAST TUSTIN SPECIFIC PLAN. NO ADDITIONAL DOCUMENTATION IS REQUIRED Resolution No. 2449 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF TUSTIN, FINDING THAT THE FINAL ENVIRONMENTAL IMPACT REPORT (EIR) FOR THE EAST TUSTIN SPECIFIC PLAN IS ADEQUATE TO SERVE AS THE PROGRAM EIR FOR TENTATIVE TRACT MAP 13053 AND DESIGN REVIEW 87-33 AND ALL FEASIBLE MITIGATION MEASURES HAVE BEEN INCORPORATED AS REQUIRED BY THE CALIFORNIA ENVIRONMENTAL QUALITY ACT. Planning Commisslon AcriD. Agenda November 9, 1987 Page four Resolution No. 2450 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF TUSTIN, CONDITIONALLY APPROVING DESIGN REVIEW 87-33 AND AN ADMINISTRATIVE ADJUSTMENT FOR A PROJECT WITH · . 118 DETACHED SINGLE FAMILY DWELLINGS ON 24.359 ACRES ON LOT 3 OF TRACT 12763 Resolution No. 2451 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF TUSTIN RECOMMENDING TO THE TUSTIN CITY COUNCIL APPROVAL OF TENTATIVE TRACT MAP NO. 13053 Presentation- Jeffrey S. Davis, Senior Planner Chairman #etl moved, Le Juene seconded to approve Tentative Tract Map No. 13053 and Design ~evtew" 87'33 'by the 'adoption of Resolution No. 2449 as recommended by Commission/Staff. Motion carried 4-0. Chairman Wetl moved, Baker seconded to conditionally approve Tentative Tract No. 13053 i~corpoi:attng changes ~equested by Commission in Exhibit A "Conditions of Approval" by the adoption of Resolution No. 2451 as recommended by Commission/Staff. Motion carried 4-0. · Chairman #etl moved, Le Juene seconded to conditionally approve Design Review 87-33 tncorporatt~g'chang&~ r~quested by Comdsston in Exhibit A 'Conditions of Approval' by the adoption of Resolution No. 2450. Motion carried 4-0. ® TENTATIVE TRACT MAP NO. 13080 AND DESIGN REVIEW 87-14 APPL I CANT: LOCATION' REQUEST' ZONING' ENVIRONMENTAL STATUS' BREN OSGOOD COMPANY LOTS 4, L AND K OF TRACT 12763 1) AUTHORIZATION TO SUBDIVIDE 14.65 ACRES INTO 100 NUMBERED AND EIGHT (8) LETTERED LOTS FOR SINGLE FAMILY DEVELOPMENT, 2) APPROVAL- OF THE SITE PLAN AND ARCHITECTURAL DESIGN AND ADMINISTRATIVE ADJUSEMENT FOR THE PROPOSED PROJECT. MEDIUM DENSITY RESIDENTIAL THE PROJECT IS COVERED BY A PREVIOUS EIR (85-2) FOR THE EAST TUSTIN SPECIFIC PLAN. NO ADDITIONAL DOCUMENTATION IS REQUIRED. Resolution No. 2451 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF TUSTIN, FINDING THAT THE FINAL ENVIRONMENTAL IMPACT REPORT (EIR) FOR THE EAST TUSTIN SPECIFIC PLAN IS ADEQUATE TO SERVE AS THE PROGRAM EIR FOR TENTATIVE TRACT MAP 13080 AND DESIGN REVIEW 87-14 AND ALL FEASIBLE MITIGATION MEASURES HAVE BEEN INCORPORATED AS REQUIRED BY THE CALIFORNIA ENVIRONMENTAL QUALITY ACT. Plannlng Commission Act1 November 9, [987 Page flve Agenda Resolution No. 2452 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF TUSTIN, FINDING THAT THE FINAL ENVIRONMENTAL IMPACT REPORT (EIR) FOR THE EAST TUSTIN SPECIFIC PLAN IS ADEQUATE TO SERVE AS THE PROGRAM EIR FOR TENTATIVE TRACT MAP 13080 AND DESIGN REVIEW 87-14 AND ALL FEASIBLE MITIGATION MEASURES HAVE BEEN INCORPORATED AS REQUIRED BY THE CALIFORNIA ENVIRONMENTAL QUALITY ACT. Resolution No. 2453 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF TUSTIN, CONDITIONALLY APPROVING THE DESIGN REVIEW AND ADMINISTRATIVE ADJUSTMENT (DESIGN REVIEW 87-14) FOR APROJECT WITH 100 DETACHED SINGLE FAMI. LY DWELLINGS ON 14.65 ACRES ON LOT 4 OF TRACT 12763 Presentation: Laura Cay Pickup, Associate Planner Chairman ~et.ll.lllloved,. Ponttous seconded to approve Tentative Tract Map No. 13080 and Deslgn Revtew 87-14 by the adoptlon of Resolution No. 2451 as recommended by Commission/Staff. Motion carried 4-0. .. Chairman #etl moved, Baker seconded to approve Tentative Tract Map No. 13080 by the adoption ..... of Resolution' No'. 2452 'as recommended by Commission/Staff tncorpor, attng changes as requested by Commission. Motion carried 4-0. Chairman Wet1 moved,. Baker seconded to conditionally approve Design Review 87-14 Incorporating changes as requested by Commission tn Exhtbtt A 'Conditions of Approval' by the adoptton of Resolution No. 2463. Motton carrted 4-0. ,, OLD BUSINESS ® HOURS OF OPERATION FOR RESTAURANT TENANTS IN THE TUSTIN PAVILLION CAFE LOCATION' 17245 E. SEVENTEENTH STREET AT CARROLL WAY Presentation' Laura Cay Pickup, Associate Planner Chairman #etl moved, Baker seconded to approve the hours of operation for Tony Roma's Restaurant and Sheily's SeafoOd and Oyster Bar by Minute Order. )lotion carried 4-0. i,i NEW BUSINESS STAFF CONCERNS ® RepOr~llOn,i city Council Actions taken on November 2, 1987 meeting Presentation' Christine Shtngleton, Director of Community Development Report recetved and filed. Planning Commission Actl November 9, 1987 Page six Agenda 10. Status Report on San Remo Italian Deli Presentation: Christine A. Shingleton Recetved and Filed. AD~0URNHENT At 10:15 p.m. the CoNBtSSJOn adjourned to the November 23, 1987 Planntn§ Commission Heettn9 at 7:30 p.m. by unanimous tnformal consent. AGENDA TUST];N PLANNI~NG COI~HISSZON REGULAR I~EETI NG NOVEHBER 9, 1987 CALL TO ORDER: 7:30 p.m., City Council Chambers PLEDGE OF ALLEGZANCE/INVOCATXON ROLL CALL: Puckett, Weil, Baker, Le Jeune, Pontious PUBLXC CONCERNS: (Limited to 3 minutes per person for items not on the agenda) IF YOU WISH TO SPEAK TO THE COMMISSION ON A SUBJECT, PLEASE FILL OUT THE CARDS LOCATED ON THE SPEAKER'S TABLE. ALSO, PLEASE GIVE YOUR FULL NAME AND ADDRESS FOR THE RECORD. CONSENT CALENDAR: (ALL MATTERS LISTED UNDER CONSENT CALENDAR ARE CONSIDERED ROUTINE AND WILL BE ENACTED BY ONE MOTION. THERE WILL BE NO SEPARATE DISCUSSION OF THESE ITEMS PRIOR TO THE TIME OF THE VOTING ON THE MOTION UNLESS MEMBERS OF THE COMMISSION, STAFF OR PUBLIC REQUEST SPECIFIC ITEMS TO BE DISCUSSED AND/OR REMOVED FROM THE CONSENT CALENDAR FOR SEPARATE ACTION.) 1. Minutes of October 26, 1987 Planning Commission Meeting 2. FINAL TRACT MAP 12855 APPLICANT: OWNER: LOCATION: ZONING: ENVIRONMENTAL STATUS: REQUEST: CAL PAC DEVELOPMENT MR. FRANK WU 14151 NEWPORT AVENUE TUSTIN, CALIFORNIA 92680 14572, 14582, 14592 HOLT AVENUE SPECIFIC PLAN NO. 6 A NEGATIVE DECLARATION WAS PREVIOUSLY APPROVED IN CONJUNCTION WITH TENTATIVE TRACT MAP 12855 TO RECOMMEND TO CITY COUNCIL FINAL APPROVAL OF TRACT 12855 Resolution No. 2455 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF TUSTIN RECOMMENDING TO THE TUSTIN CITY COUNCIL APPROVAL OF FINAL TRACT MAP NO. 12855 Presentation' Jeffrey Davis, Senior Planner Planntng Commission Agenda November 9, 1987 Page two PUBLIC HEARTNGS 3. USE PERMIT 87-26 APPLICANT: OWNER: LOCATION: ZONING: ENVIRONMENTAL STATUS: REQUEST: STEVEN R. CRAM 13832 RED HILL AVENUE TUSTIN, CALIFORNIA 92680 EDGAR E. PANKEY 320 WEST MAIN STREET TUSTIN, CALIFORNIA 92680 13832 RED HILL AVENUE C-1: RETAIL COMMERCIAL CATEGORICALLY EXEMPT, CLASS 1 AUTHORIZATION FOR A TYPE 41, BEER AND WINE LICENSE RESTRICTED TO ON-SITE CONSUMPTION IN CONJUNCTION WITH A RESTAURANT USE PURSUANT TO ORDINANCE NO. 981 Resolution No. 2446 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF TUSTIN, AUTHORIZING A BEER AND WINE LICENSE FOR ON-SITE SALES AT 13832 RED HILL AVENUE. Presentation: Joel Slavit, Assistant Planner . USE PERMIT 87-22 APPLICANT: OWNER: LOCATION: ZONING: ENVIRONMENTAL STATUS: REQUEST: MR. JEFFREY BORDOCK ON BEHALF OF LA ESQUINA 14841YORBA STREET, SUITE 103 TUSTIN, CALIFORNIA 92680 CALIFORNIA PROPERTIES 17251E. SEVENTEENTH STREET; SUITE D TUSTIN, CALIFORNIA 92680 17245 E. SEVENTEENTH STREET CG: COMMERCIAL GENERAL CATEGORICALLY EXEMPT, CLASS 1 AUTHORIZATION FOR ON-SITE SALES OF GENERAL LIQUOR (LICENSE TYPE NO. 47) IN CONJUNCTION WITH A RESTAURANT USE Resolution No. 2444 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF TUSTIN, AUTHORIZING USE PERMIT 87-22 FOR ON-SITE SALES OF GENERAL LIQUOR (TYPE 47) IN CONJUNCTION WITH A RESTAURANT USE AT 17245 E. SEVENTEENTH STREET Presentation: Laura Cay Pickup, Associate Planner Planning Commission Agenda November 9, 1987 Page three AMENDMENT NO. I TO ZONE CHANGE 84-4 APPLICANT: & OWNER: LOCATI ON: ENVIRONMENTAL STATUS: REQUEST: GOLDRICH, KEST AND ASSOCIATES 15233 VENTURA BOULEVARD; SUITE 816 SHERMAN OAKS, CALIFORNIA 91403 1262 BRYAN AVENUE THIS PROJECT IS CATEGORICALLY EXEMPT FROM THE CALIFORNIA ENVIRONMENTAL QUALITY ACT, CLASS I - EXISTING FACILITY WHICH CONSISTS OF THE OPERATION OF A PRIVATE FACILITY INVOLVING NO EXPANSION OF USE BEYOND THAT PREVIOUSLY EXISTING AUTHORIZATION TO AMEND THE DEVELOPMENT PLAN FOR TUSTIN ROYALE TO ALLOW A MAXIMUM OF SIX {6) NON-AMBULATORY, WALKER ASSISTED, SENIOR RESIDENTS Resolution No. 2448 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF TUSTIN RECOMMENDING APPROVAL OF AMENDMENT NO. 1 OF ZONE CHANGE 84-4, FOR THE PROPERTY KNOWN AS TUSTIN ROYALE, 1262 BRYAN AVENUE Presentation: Mary Ann Chamberlain, Associate Planner 6. TENTATIVE TRACT MAP NO. 13053 AND DESIGN REVIEW 87-33 APPLICANT: LOCATION: REQUEST: ENVIRONMENTAL STATUS: J. M. PETERS COMPANY LOTS 3, I AND J OF TRACT 12763 1) AUTHORIZATION TO SUBDIVIDE 24.359 ACRES INTO 118 NUMBERED AND 3 (THREE) LETTERED LOTS FOR SINGLE FAMILY DEVELOPMENT, 2) APPROVAL OF SITE PLAN AND ARCHITECTURAL DESIGN OF THE PROPOSED PROJECT INCLUDING AN ADMINISTRATIVE ADJUSTMENT FOR FRONT SETBACKS THE PROJECT IS COVERED BY A PREVIOUS EIR (85-2) FOR THE EAST TUSTIN SPECIFIC PLAN. NO ADDITIONAL DOCUMENTATION IS REQUIRED Resolution No. 2449 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF TUSTIN, FINDING THAT THE FINAL ENVIRONMENTAL IMPACT REPORT (EIR) FOR THE EAST TUSTIN SPECIFIC PLAN IS ADEQUATE TO SERVE AS THE PROGRAM EIR FOR TENTATIVE TRACT MAP 13053 AND DESIGN REVIEW 87-33 AND ALL FEASIBLE MITIGATION MEASURES HAVE BEEN INCORPORATED AS REQUIRED BY THE CALIFORNIA ENVIRONMENTAL QUALITY ACT. Resolution No. 2450 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF TUSTIN, CONDITIONALLY APPROVING DESIGN REVIEW 87-33 AND AN ADMINISTRATIVE ADJUSTMENT FOR A PROJECT WITH 118 DETACHED SINGLE FAMILY DWELLINGS ON 24.359 ACRES ON LOT 3 OF TRACT 12763 Resolution No. 2451 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF TUSTIN RECOMMENDING TO THE TUSTIN CITY COUNCIL APPROVAL OF TENTATIVE TRACT MAP NO. 13053 Presentation: Jeffrey S. Davis, Senior Planner Planning Commission Agenda November 9, 1987 Page four ® TENTATIVE TRACT MAP NO. 13080 AND DESIGN REVIEW 87-14 APPLICANT: LOCATION' REQUEST: ZONING: ENVIRONMENTAL STATUS' BREN OSGOOD COMPANY LOTS 4, L AND K OF TRACT 12763 1) AUTHORIZATION TO SUBDIVIDE 14.65 ACRES INTO 100 NUMBERED AND EIGHT (8) LEI'FERED LOTS FOR SINGLE FAMILY DEVELOPMENT, 2) APPROVAL OF THE SITE PLAN AND ARCHITECTURAL DESIGN AND ADMINISTRATIVE ADJUSEMENT FOR THE PROPOSED PROJECT. MEDIUM DENSITY RESIDENTIAL THE PROJECT IS COVERED BY A PREVIOUS EIR (85-2) FOR THE EAST TUSTIN SPECIFIC PLAN. NO ADDITIONAL DOCUMENTATION IS REQUIRED. Resolution No. 2451 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF TUSTIN, FINDING THAT THE FINAL ENVIRONMENTAL IMPACT REPORT (EIR) FOR THE EAST TUSTIN SPECIFIC PLAN IS ADEQUATE TO SERVE AS THE PROGRAM EIR FOR TENTATIVE TRACT MAP 13080 AND DESIGN REVIEW 87-14 AND ALL FEASIBLE MITIGATION MEASURES HAVE BEEN INCORPORATED AS REQUIRED BY THE CALIFORNIA ENVIRONMENTAL QUALITY ACT. Resolution No.' 2452 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF TUSTIN, FINDING THAT THE FINAL ENVIRONMENTAL IMPACT REPORT (EIR) FOR THE EAST TUSTIN SPECIFIC PLAN IS ADEQUATE TO SERVE AS THE PROGRAM EIR FOR TENTATIVE TRACT MAP 13080 AND DESIGN REVIEW 87-14 AND ALL FEASIBLE MITIGATION MEASURES HAVE BEEN INCORPORATED AS REQUIRED BY THE CALIFORNIA ENVIRONMENTAL QUALITY ACT. Resolution No. 2453 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF TUSTIN, CONDITIONALLY APPROVING THE DESIGN REVIEW AND ADMINISTRATIVE ADJUSTMENT {DESIGN REVIEW 87-14) FOR A PROJECT WITH 100 DETACHED SINGLE FAMILY DWELLINGS ON 14.65 ACRES ON LOT 4 OF TRACT 12763 Presentation' Laura Cay Pickup, Associate Planner OLD BUSINESS Be LOCATION: HOURS OF OPERATION FOR RESTAURANT TENANTS IN THE TUSTIN PAVILLION CAFE 17245 E. SEVENTEENTH STREET AT CARROLL WAY Presentation' Laura Cay Pickup, Associate Planner NEW BUSINESS STAFF CONCERNS Planning Commission Agenda November 9, 1987 Page ftve 9. Report on Ctt¥ Council Actions taken on November 2, 1987 meeting Presentation: Christine Sh~ngleton, D~rector of Community Development 10. Status Report on San Remo Italian Deli Presentation: Cheryl Pengue, Planning Technician AOJOURI~IE#T Adjournment to the next regular Planning Commission meeting on November 23, 1987. MINUTES TUSTIN PLANNING COHPIlSSION REGULAR HEETING OCTOBER 26, 1987 CALL TO ORDER: 7:30 p.m., City Council Chambers PLEDGE OF ALLEGIANCE/INVOCATION ROLL CALL: Present: Puckett, Wet1, Baker, Le Jeune, Ponttous PUBLIC CONCERNS: None 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 October 12, 1987 Plannin9 Commission Meettn9 Commlsioner Le Jeune moved, Baker seconded to approve the minutes of the October 12, ~87 meeting. Motion carried 5-0. PUBLIC HEARINGS 2. Use Permit 87-23 APPLICANT: OWNER: LOCATION: ZONING: ENV I RONMENTAL STATUS: REQUEST: KAL GHOSN 171 E. YORBA LINDA BOULEVARD PLACENTIA, CALIFORNIA 92670 LA FAYETTE PARTNERS 3111N. TUSTIN AVENUE ORANGE, CALIFORNIA 92665 13011 NEWPORT AVENUE, PLAZA LAFAYETTE, UNIT 113 C-2 CENTRAL COMMERCIAL CATEGORICALLY EXEMPT, CLASS I AUTHORIZATION FOR AN ON-SITE BEER AND WINE LICENSE IN CONJUNCTION WITH A GREEK RESTAURANT. RESOLUTION NO. 2447 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF TUSTIN, AUTHORIZING A BEER AND WINE LICENSE FOR ON-SITE AND OFF-SITE (TYPE 41) SALES AT 13011 NEWPORT AVENUE. Planning Commission Mtnu'~ j October 26, 1987 Page two Presentation- Jeffrey Davis, Senior Planner The public hearing was opened at 7-35 p.m. The public hearing was closed at 7-36 p.m. A discussion ensued clarifying the type of license, that the property owner is aware of the criteria and the restrictions of allowing this operatotn and the 30 foot restriction referenced is for off-site sales only. It was represented by staff that the Type 41 license ordinarily allows on and off-site sales but with zoning restrictions, sales can be limited to on-site. Also, the property owner is aware that off-site sales will not be authorized per ordinance, within 300 feet of the subject suite~ Chairman Well asked if staff had received any correspondence regarding this matter. Staff responded that they had not. Commissioner Puckett noted that he was against off-site alcohol sales, however, he understood in t'his-'Case specialty alcoholic beverages are sold in conjunction with food. -. Commissioner Puckett moved, Pontious seconded to approve Use Permit 87-23 by the adoption of ~e~olution No 2447~ . Motion carried 5-0. 3. Use Permit 87-21 APPL I CANT: OWNER- LOCATION: ZON I NG: ENVIRONMENTAL STATUS: REQUEST: MR. DAVID JOHNSON ON BEHALF OF DAVIOS RESTAURANT OF TUSTIN 13572 NEWPORT AVENUE TUSTIN, CALIFORNIA TUSTIN VILLAGE INVESTMENTS 2349 WESTWOOD BOULEVARD LOS ANGELES, CALIFORNIA 13572 NEWPORT AVENUE PC-C: PLANNED COMMUNITY COMMERCIAL CATEGORICALLY EXEMPT, CLASS 1 AUTHORIZATION FOR ON-SITE SALES OF GENERAL LIQUOR (LICENSE TYPE NO. 47) IN CONJUNCTION WITH A RESTAURANT USE RESOLUTION NO. 2443 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF TUSTIN, AUTHORIZING USE PERMIT 87-21 FOR ON-SITE SALES OF GENERAL LIQUOR (TYPE 47) IN CONJUNCTION WITH A RESTAURANT USE AT 13572 NEWPORT AVENUE Presentation: Laura Cay Pickup, Associate Planner The public hearing opened at 7-44 p.m. The public hearing was closed at 7:45 p.m. _C.o. Emji_ssi_o_n_e!c,_Ba_ker asked for clarification on the area of expansion for the possible P1 ann~ ng Comm~ ;,1t nutes October 26, 19~l°n Page three Staff member Pickup responded that any future expansion would require approval of a separate Conditional Use Permit. Commissioner Puc. kerr moved, Le Jeune seconded to approve Use Permit 87-21 by the adoption of Resolution No. 2443. Motion carried 5-0. 4. Use Permit 87-24 APPLICANT. OWNER: LOCATION: ZONING: ENVIRONMENTAL STATUS: REQUEST: TAIT AND ASSOCIATES ON BEHALF OF CIRCLE K CORPORATION gO00RANGEFAIR LANE P.O. BOX 4425 ANAHEIM, CA 92803 THRIFTY OIL COMPANY 10000 LAKEWOOD BLVD. DOWNEY, CA 90240 14121 NEWPORT AVENUE AT MITCHELL C-1: RETAIL COMMERCIAL A NEGATIVE DECLARATION HAS BEEN FILED IN CONFORMANCE WITH THE CALIFORNIA ENVIRONMENTAL QUALITY ACT. TO DEMOLISH AN EXISTING 240 SQUARE FOOT CASHIER'S BOOTH AND CONSTRUCT A 2680 SQUARE FOOT MINI-MARKET IN CONJUNCTION WITH AN EXISTING RETAIL GASOLINE SERVICE STATION. Presentation- Laura Cay Pickup, Associate Planner Commissioner Puckett expressed concern over the "Entrance Only" signs and whether they would be sufficient to prohibit loitering. Staff clarified that these signs pertained to vehicular movement. Commissioner Pontious expressed concern that the addresses be made visible from the ~ street. Staff responded th~ addresses would be per applicable codes. Commissioner Wetl asked that "turf" as used in Section 3.4 of Resolution No. 2445 be more clearly defined. Staff responded that turf is a grass type ground cover as opposed to plant or shrub material. The public hearing was opened at 7'56 p.m. Mr. Donald Sieveke, 1170 Civic Center Drive W., Santa Aha, represented the owner of 14262 Newport, noted his opposition to this Use Permit referencing that this Use Permit would be in direct con~eti ti on with One Stop Liquor. His stated concern was that products to be offered by Circle K are the same as those sold by One Stop Liquor. He also questioned the size of the "walk-in" refrigeration unit being larger than necessary for just soft drinks. He also noted that children will be crossing busy Newport Avenue to get to the Circle K. Susan Choy, representing One Stop Liquor,-also spoke in opposition due to the co~etition that would occur. She noted that One Stop Liquor had just opened an extensive vi deo library. Plannlng Commlsslon M1nu October 26, 1987 Page four Mr. Bill Fancher, representing the engineering firm of Tait and Associates, noted that competition' is what our economy is built on. He also indicated his wi.llingness to answer any questions the Commissioners might have. Stated that the walk-in refrigerator will hold cold items other than soft drinks for example milk and sandwiches. The public hearing was closed at 8'10 p.m. Commissioner Baker asked it Circle K proposed to have a video library. He also asked if the applicant is aware of the off-site liquor ordinance. Staff replied that a Zoning Code Amendment was needed to allow the sale of off-site liquor at this location. Lois Jeffrey, Deputy City Attorney, explained SB 937 and indicated that it would not have an~ effect on this application. Commissioner Baker moved, Le Jeune seconded to approve Use Permit 87-24 by the adoption of"~esollllution NO. 2'44'5 with'l'the following change' on Exhibit A page 2, Item 1.10 f. the word "developer" should replace the words "The Irvtne Company". Motion carried 5-0. 5. SAN DIEGO PIPELINE - EIR 87-2/SCH # 87080511 APPLICANT' SAN DIEGO PIPELINE COMPANY Presentation- Christine Shingleton, Director of Community Development Mr.. ,Rob,i B.alen.,. City consultant with the firm of LSA explained the pipeline EIR process. Commissioner Le Jeune asked about the time frame, about the Franchise Agreement giving the Ctty'l'llcontrol. He also qualified that the pipeline company must get work permits from the Public Works Department which should provide some quality control including keeping the air quality clean by hosing down the construction trucks. He also asked if there was a potential to reactivate the old pipeline. Commissioner Puckett was pleased to see precautionary measures against accidental spills. Commissioner Baker noted that comments could be made until the November 20, 1987 cut off date. Commissioner Well asked for clarification that the Flood Control Channels would not be effected and asked that the homeowners in the construction area be notified of upcoming contruction two weeks prior to, and again 24 hours before, construction begins. The publtc hearing was opened at 8' 34 p.m. Planning Commission Minutes October 26, 1987 Page ftve Ms. Barbara Defy, 14611 Hyannis Port Rd, Tusttn, stated that she had attended the scoplng meeting and that her questions at that time were not addressed in the draft EIR. Staff offered to go through the draft EIR with her at her convenience. She was also told that the review period on the EIR would remain open until November 20. .Mr. Jo.seph A. Whttelaw, San Diego Pipeline Company, 8888 S. Figueroa, Los Angeles, gave a short 'lbverview of the project, he noted that he was available to answer any questions the Commission might have. He also stated that there is no chance of reactivating the old pipeline. He indicated that the past accidental spill was due to a manufacturing defect. Commissioner Baker asked about the distance between the 10" and the 16" pipe. Mr. Thomas F. Jensen, representing the San Diego Pipeline Company, further explained the catliod'ic "protection system used on the pipeline. He also explained that the pipeline is flexible and made to withstand internal and external pressures. Commissioner Baker noted his concern for the parking situation for the workers and equipment during the construction period. Mr. Richard Vining, 400 W. Main Street, Tustin, asked if there was a leak detection monitor i6 the Tustin area and also how a leak is actually detected. Mr. Jensen, noted that the pipeline from Los Angeles to San Diego has the most up to date detection system available, but there were no leak detection monitors planned within the City of Tustin. Commissioner Baker asked if there was a 12" separation between the pipelines. Mr. Arnold Moodte, 1501, W. Cameron, Suite C-110, West Covtna, California, representing the California State Fire Marshal, noted that the pipeline meets Federal Pipeline Safety requirements. The public hearing was closed at 9'00 p.m. Commissioner Baker asked what the response time for a Hazardous Materials team would b~. i.. Staff noted that there was not a set response time, however, this subject will be addressed in the final EIR. Commissioner Baker moved, Puckett seconded to record the public testimony taken at this meeting; direct staff to respond as necessary to public testimony received; and to transmit to the City Council Draft EIR 87-2. Motion carried 5-0. Plannlng Commission Plinu~ October 26, 1987 Page stx OLD BUSINESS 6. OLD TONN HISTORIC/CULTURAL RESOURCES STUDY Presentation: Christine Shtngleton, Director of Community Development Commissioner Le. Jeune asked if the Advisory Committee would establish its own by-laws. Commissioner Puckett asked whether a designated list of potential historical sites wou 1 d be compt 1 ed. Commissioner Well asked that on page 14 of the Ordinance "partial demolition" be ~efined. Sh~ also asked if a homeowner has any control over his property. She also asked clarification of the Overlay District vs. the Zoning District. Staff responded that the proposed Ordinance contains provisions for definitions as well as allowing property owners to continue with projects, even if they are not approved, after a 180 day waiting period. This clause creates a mechanism whereby the property owners have the right to demolish, but only after reasonable time is allowed to address the movement or preservation of any historic or cultural resource. Commissioner Le Jeune asked if the grant money available is substantial and if we ~ould compete' with Other cities. Staff responded that it was very likely because of all 'of the historical areas in Old Town. Commissioner Puckett asked if the City could enforce Item K of the Ordinance whereby the owner"wa~ responsible for upkeep, repairs and restoration. Staff stated that the normal Code Enforcement duties would provide adequate enforcement. Commissioner Well noted concern over giving the Advisory Committee too much authority (n Item IG. 5'. She then congratulated staff on a great job. She also asked that a copy of the Ordinance be sent to everyone in the affected area. Staff noted that prior to the City Council public hearing they intended to send out a brochure highlighting the Ordinance. .Commissioners Well and Pontious noted concern on making new owners aware of the cultural resources area at the time of purchasing a home. Lois Jeffrey noted that a deed restriction was not needed. Planntng Commission Minu', October 26, 1987 Page seven .C,ommts.s, toner Baker noted that tt should be a requirement of the seller. Commissioner Ponttous agreed a provision should be made somewhere to nottfy potential buyers of the situation. Rtchard Vtn.tn9, ~asked that the Ordinance be made available along with a copy of this staff report before November 9th as most of the homeowners tn the nelghborhood would want an opportunity to preview it. Staff noted that a workshop would be scheduled on a night other than November 9th which is a Planning Commission meeting night. Copies of the report and ordinance will be made available and all interest/affected parties will be given as much advance notice of the workshop as possible. Mr. Vtntn9 also noted the removal of parking restrictions on "B" Street. asked if there was any damage to the parking structure from the earthquake. He also Commissioner Le Jeune wanted to be certain that the people involved receive as much information'as ~os~ible. He also noted that the graphics that were at the scoping meeting were very helpful. Commissioner Wetl asked that staff mail the ordinance to everyone on the mailing list. Commissioner Wetl moved, Le Jeune seconded to instruct staff to schedule a workshop to dtscbss the prbposed amendments with residents and property owners in the Old Town Area and to incorporate changes in the proposed amendment discussed at this meeting prior to that workshop. Motion carried 5-0. NEW 'BUSZNESS STAFF CONCERNS 7. City Council Actions Taken on October 19, 1987 Meetin9 Presentation' Christine Shtngleton, Director of Community Development Commissioner. Well asked if City Council was going to appeal Exxon. Staff responded no. COIIIISSION CONCERNS Commissioner Le Jeune noted that the Zoning Ordinance Amendment 87-1 regarding ~lcoholic beverage IsBlles requirements that was passed is starting to take effect and work. He complemented staff on an excellent job. Commissioner Wetl noted that she liked the minutes. ADJOURNMENT .At 9-55 p.m. the Commission adjourned to the'November 9, 1987 Planning Commission Meeting at 7:30 p.m. by unanimous informal consent. Report to the Planning Commission ITEM NO. 2 DATE: SUBdECT: APPLICANT: OgNER: LOCATION: ZONING: ENV ZROBIENTAL STATUS: REQUEST; NOVEHBER 9, 1987 FINAL TRACT MAP 12855 CAL PAC DEVELOPHENT HR. FRANK ~ 14151 NEWPORT AVENUE TUSTZN, CALIFORNZA 92680 14572, 14582, 14592 HOLT AVENUE SPECZFTC PLAN NO. 6 A NEGATZVE DECLARATTON .AS~" '"-""'"' -~-PREY.ZOUSLY';APPROVED TN CONJUNCTZON tilTH TENTATZYE TRACT MAP 12855 TO RECOMMEND TO CITY COUNCIL FINAL APPROVAL OF TRACT 12855' RECOI~ENDED ACTTON: That the Planning Commission recommend to the City Council approval of Tract 12855 by the adoption of Resolution No. 2455. BACKGROUND: On August 25, 1986, the Planning Commision reviewed and recommended to the City Council approval of Tentative Tract Map 12855 by adoption of Resoluton No. 2353. The City Council subsequently approved Tentative Tract Map 12855 as recommended by the Planning Commission on September 2, 1987. The subject map creates 19 numbered and 2 lettered lots for multi-famliy residential uses. The applicant has now submitted Tract Map 12855 for final consideration. The subject site is located at 14572, 14582 and 14592 Holt Avenue and is bounded by a townhouse development (with reciprocal access) to the north, the E1 Modena-Irvine Flood Control Channel and existing residential development to the Community Development Department Planntng Commtsslon Report November 9, 1987 Final Tract Hap 12855 Page two east, another Orange County Flood Control Channel and multi-family residential to the south, and across Holt AVenue to the west, extsting st ngle famtly dwel 1 tng s. D I SCU$$ 1011: Final Map 12855 as submitted is in compliance with the approved Tentative Map in terms of number and configuration of lots as well as alignments of on-site roadway and easements. Additionally, all conditions of approval contained in Resolutions 2353 and 86-108 (see attached) with the exception of condition II. 13 of each resolution has been met. Condition II. 13 requires that the on-site main drive aisle be posted as a fire lane. However, construction of the roadway has yet to be completed therefore the signs have not been installed. Provided the applicant posts a bond guaranteeing installation of required "No Parking" signs, staff can find that Final Map 12855 is in conformance with the Tentative Map. .:~ ._ ::... - ./"'i.i'.~ '~- ~'. ~.~ _ JSD-pef Attachments' Resolution No. 2455 Resolution No. 2353 Resolution No. 86-108 Tentative Tract 12855 Final Tract 12855 Christine Shingleton Director of Community Development Community Development Department 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 RESOLUTION NO. 2455 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF TUSTIN RECOMMENDING TO THE TUSTIN CITY COUNCIL APPROVAL OF FINAL TRACT MAP NO. 12855 The Planning Commission of the City of Tustin does hereby resolve as follows- I. The Planning Commission finds and determines as follows- A. That Tentative Tract Map No. 12855 was submitted to the Planning Commission on behalf of Cal Pac Development for consideration. B. That a Negative Declaration was approved in conjunction with Tentative Tract Map 12855. C, That the proposed subdivision ts in conformance with the Tusti n Area General Plan, adopted Spectftc Plan No. 6 and Subdivision Map Act as tt pertatns to the development of multiple family dwellings. D. That the site is physically sut.tabl.e.for the type of development . proposed. .::-:-~-.-. . ;~"' -- - .- E. That the site is physically suitable for the proposed density of development. F. 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 habi tat. G. That the'design of the subdivision or the type of improvements proposed will not conflict with easements acquired by the public-at-large, for access through or use of the property within the proposed subdivision. H. That the design of the subdivision or the types of improvements proposed are not likely to cause serious public health problems. I. That a security bond ensuring condition II. 13 of Resolution No. 2353 and condition II. 13 of Resolution No. 86-108 will be met shall be submitted to the Community Development Department. 1 2 4 6 ? $ 9 11 12 13 14 15 16 17 18 19 21 25 26 Resolution No. 2431 Page two II. The Planning Commission hereby recommends to the City Council approval of Ftnal Tract Map No. 12855 subject to the applicant posting a bond guaranteeing installation of fire lane "No Parking" signs on the on-site-main drive aisle. PASSED AND ADOPTED at a regular meeting of the Tustin Planning Commission, held on the day of , 1987. Kathy Wei 1, Chairman Penni Foley Secretary 1 6 ? 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 25 27 21 RESOLUTION NO. 2353 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF TUSTIN RECOMMENDING TO THE CITY COUNCIL APPROVAL OF TENTATIVE TRACT NO. 12855. The Planning Commission of the City of Tusttn does hereby resolve as follows: I. The Planning Commission finds and determines as follows: A. That Tentative Tract Map No. 12855 was submitted to the Planning Commission on behalf of Frank Wu to subdivide (3) three into (19) nineteen numbered and (3) three lettered lots for residential subdivision for townhomes for a portion of Lot 10 the Vanderltp and Rowan Tract, in the City of Tusttn, County of Orange, as per map recorded in Book 5, page 160 of miscellaneous records of Los Angeles County, California. Be Ce That a Negative Declaration was previously approved for the project. That the proposed ~ubdfvt'ston is in conformance with the Tustin Area General Plan and the Tusttn Zoning Code. II. The Planning Commission hereby recommends to the City Council approval of Tentative Tract Map No. 12855 subject to the followinc condi tions- 1. A grading plan will be required and should be based on the Orange County Bench Mark Datum. · All improvements within the public right of way of Holt Avenue must be shown on a separate street improvement plan. All construction items must be referenced to applicable City Standard Drawing Numbers. Construction items to be shown will include but not be limited to the following: a) b) c) d) e) f) Curb and gutter Full width sidewalk and treewells Street trees Street light(s) Sanitary sewer connections Domestic water services g) Fire service/hydrants (if required by the Orange County Fire Marshal ) 1 5 6 ? 8 9 10 11 12 15 16 17 18 19 :20 21 22 2~ 25 26 2~ Resolution 2353 pa ge two 3. The property owner will be required to annex this parcel to the Tusttn 1972 Lighting and Landscape District. The City of Tusttn Engineering Division. will require from the property owner a letter stating that he will not protest said annexation. The annexation of this parcel will take place in July, 1987. The property owner will be required to pay the installation charge for any required street light(s) to the Edison Comapny and pay to the City of Tustin the advanced energy charge to cover the operating/maintenance costs for a period of 12 months. Any excess advanced energy charge collected will be refunded to the property owner once the annexation is finalized. e . . Payment of the Orange County Sanitation District No. sewer connection fees will be required at the time a building permit is issued. Payment of East ota-nge.COunty-l~ater District fees will be required prior ~to the but 1 ding permtt bet ng t Ssued. Payment of the required fees for the Major ThOroughfare and Bridge Fee Program will be required at the time a building permit ts issued. . A' permit issued by the Orange County Environmental Management Agency for connection to the E1 Modena-Irvine Channel will be required. . Individual sanitary sewer and domestic water service to each dwelling unit will be required. ge Submission of C.C. & R.'s to the City Attorney for review and approval. All lettered lots shall be held in common and mat ntat ned by the Homeowners Associatt on. 10. Dedication of all access rights to Holt Avenue except at approved access point. 11. Construction of a public water system within the private street with all necessary easements dedicated to the City of Tusttn. This water main is to be connected to the existing main at the northerly tract boundary and also to the existing main in Holt Avenue at the southerly tract boundary. 12. On-site fire hydrant on Lot "C", operational prior to combustable construction with a fire flow of 1000 GPM ~ 20 lbs. 1 !'2 5 6 ? 8~ 9 10 11 12 15 16 17 18 19 20 21 22 25 26 28 Resolutton 2353 page three 13. Prtvate streets are to be posted "NO PARKING-F~[RE LANE" and comply wtth the regulations of the untform Ftre Code (Section 10.207) and Vehtcle Code. 14. The landscape plan shall address the tssue of retaining the extsttng inature spectmen trees. 15. Reciprocal easement for Jotnt use of the private street wtth the townhome project to the north shal~ be p~aced on the ftnal map. ADi PASSED AND ~PTED at a re~j~r meettq~f the Tusttn Planning Commission, held on the~day of_~g~~,~~, 1~8~. Record~ ng Secretary ! CP'gt ...'. - ..-'...:. ,- CHARLES PUCKETT . . '; .... :'-'- -:~ 'Chairman · ( STATE OF CALIFORNIA) cou~ 'OF O~X,G~ ) CITY' OF TUS'i'[N ) ,, I, DONNA ORR, We undersigned, hereby cerl:ify ~at I am the ,~ecordtng Secre~ ot' We Planntng Commission Of the Ci~ ot' Tustin, ¢~liforniai ~hat ~esolutton rio..~.~_~ was duly passed and adopted at ~nning Commissi on, held on the ~ a regul ar.~eettng of the Tus~ ~ day of ~, ].9 ~. · Recording Secret~ry 1 2 3 4 5: 6 7 8 9 10 11 12 13 14 15 16 · 17 18 19 21 22 23 :25, 26 28 RESOLUTION NO. 86-108' A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TUSTIN APPROVING TENTATIVE TRACT NO. 12855, LOCATED AT 14572, 14582, & 14592 HOLT AVENUE The City Council of the City of Tustin does hereby resolve as follows: I. The City Council finds and determines as follows: A. That Tentative Tract Map No. 12855 was submitted to the City Council on behalf of Frank Wu to subdivide (3) three lots into (19) nineteen numbered and (3) three lettered lots for a residential subdivision for townhomes for a portion of Lot 10 of the Vanderlip and Rowan Tract, in the City of Tustin, County of Orange, as per map recorded in Book 5, page 160 of miscellaneous records of Los Angeles County, California. B. That a Negative Declaration was previously approved for the project. Ce That the proposed subdtVt$1.o-n' ..i:s-'' in --conformance with the Tustl n Area General Plan and the Tustin Zoning Code. II. The City Council hereby approves Tentative Tract Map No. 12855 subject to the following conditions: . A grading plan will be required and should be based on the Orange County Bench Mark Datum. 2'. All improvements within the public right of way of Holt Avenue must be shown on a separate street improvement plan. All construction items must be referenced to applicable City Standard Drawing Numbers. Construction items to be shown will include but not be 'limited to the followi'ng: a) Curb and gutter b) Full width sidewalk and tr,,wells c) Street trees d) Street light(s) e) Santtary sewer connections f) Domestic water services g) Fire service/hydrants (If required by the Orange County Fi re Marshal ) 1 2 3 4 5 6 7 8 9 10 11 13 14 15 16 17 18 19 20 21 22 23 25 26 27 28 Resolution 86-108 page ~o . The property owner wtll be required to annex this parcel 1:o the Tustin 1972 Llghting and Landscape District. The Ctty of Tustin Engineering Division will require from the property owner a letter stating that, he will not protest said annexation. The annexation of this parcel will take place in July, 1987. The property owner will be required to pay the Installation charge for any required street light(s) to the Edison Company and pay to the City of Tusttn the advanced energy charge to cover the operating/maintenance costs for a period of 12 months. Any excess advanced energy charge collected will be refunded to the property owner once the annexation is finalized. . . Payment of the Orange County Sanitation Dtstrlct No. 7 sewer connection fees will be required at the time a but ldt ng permit ts issued.: ;.',.::'.. . :,.-.- ~- . Payment of East orange County Water District fees will be required prior to the building permit being issued. . Payment of the required fees for the Major Thoroughfare and Bridge Fee Program will be required at the time a building permit is tssued. . A permit tssued by the Orange County Environmental Management Agency for connection to the E1 Modena-Irvine Channel will be required. . . Individual sanitary sewer and domestic water service to each dwelling unit will be required. Submission of C.C. & R.'s to the City Attorney for review and approval. All lettered lots shall be held in common and maintained by the Homeowners Association. lO. Dedication of all access rights to Holt Avenue except at approved access point. 11. Construction of a public water system within the private street with all necessary easements dedicated to the City of Tustin. This water main is to be connected to the existing main at the northerly tract boundary and also to the existing main in Holt Avenue at the southerly tract boundary. 12. On-site fire hydrant on Lot "C", operational prior to combustable construction with a fire flow of 1000 GPM g 20 lbs. ! 3 4 5 6 7 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 25 26 27 28 Resolut~ on 86-108 page three 13. Private streets are to be posted "NO PARKING-FIRE LANE" and comply wi th the regulations of the uniform Fire Code (Section 10.207) and Vehicle Code. 14. The landscape plan shall address the issue of retaining the existing mature specimen trees. 15. ReciProcal easement for joint use of the private Street with the townhome project to the north shall be placed on the final map. . PASSED AND ADOPTED at a regular meeting of the Tusttn City Council, held on the 2nd day of September , 1986. Attest: · /: //' . ~-----~ . ... -~: ..... .-. '.~ DONALD J.,~i~I~ARELLI, Mayor CP: gt STATE OF CALIFORNIA ) COUNTY OF ORANGE ) § CITY OF TUSTIN ) MARY E. WYNN, City Clerk and ex-officio Clerk of the City Council of the City of Tustin, California, does hereby certify that the whole number of the members of the City Council of the City of Tustin is five; that the above and foregoing Resolution No. 86-108 was duly and regularly introduced, passed and adopted at'a adjourned regular meeting of the City Council held on the 2nd ~ay of Septe~er, 19~, by the following vote: · . AYES : COUNCILPERSONS: Edgar, Hoesterey,'Ke'lly,~ Kennedy, Saltarel'ii NOES : COUNCILPERSONS: None ABSENT: COUNCILPERSONS: None City of Tust~'n, California MARY E. WYN City C1 rk j, I i.'' Moou~,S: o,1,. 04, ':,~,A. CT .NO. 12.85~, : · " I.N THE, CITY OF'TUSTIN, COUNTY OF '''ORANGE,' STATE OF CALIFORNIA · · · . ., .J&l~?O I. Vtt. l.&l~ IL4.t. I* // /6 /7 d d'd',d 1'-30' MOOUl. f. : ~di- OJ' I~C~IESJ NIICI Il. lilt id Illffllt~Jlff J) It-144511, OI~ICIM,.ICBEII TRACT -NO. '12855 . , IN'THE CiTY oF TUSTIN, COUNTY OF 'ORANGE, STATE OF CALIFORNIA .. . .- LTII~ D.~ . . I!' oY T~-mo~J am' mal'J~TmmIs ! I, II'T lll, m &Lb ~ TI, MTATIV( TRACT- ..NO. 12 855.' .IN THE CITY O'F TUSTIN, COUNTY OF "' ORANGE., STATE OF CALIFORNIA .. .. -. - .. C.~ , t40: 1L50, i i Planning Commission DATE: SUBJECT; APPLICANT: OIJNER: LOCATION: ZONING: ENVIRONMENTAL STATUS: REQUEST: NOVEMBER 9, 1987 USE PERMIT 87-26 STEVEN R. CRAM 13832 RED HILL AVENUE TUSTIM; CALIFORNIA 92680 EDGAR E. PANKEY 320 bEST MAIN STREET TUSTIN, CALIFORNIA 92680 13832 RED HILL AVENUE C-I: RETAIL COMMERCIAL CATEGORICALLY EXEMPT, CLASS 1 AUTHORIZATION FOR A TYPE 41, BEER AND I~INE LICENSE RESTRICTED TO ON-SITE CONSUPIPTION IN CONJUNCTION #ITH A RESTAURANT USE PURSUANT TO OROINANCE NO. 981 RECOI~ENDED ACTION: It ts recommended that the Planning Commission approve Use Permtt 87-26 by the adoptton of Resolutlon No. 2446. S UI~ARY: The applicant currently operates an extst~n9 sandwich shop known as Suburban Subs at the Pankey Shopptng Center at the east stde of Red H~ll Avenue between San Juan Street and E1 Camlno Real (Lot 1 of Parcel Hap 46-19). At thts ttme the applicant ts requestlng authorization to obtatn an on-stte, Type 41, beer and wtne 1 tcense. ANALYSIS: Staff has revtewed thts application for conformance to the poltcy guidelines for alcoholic beverage sales establishments. The tssues related to thts application Community Development Department ~Planntng Commission Report November 9, 1987 Suburban Subs Page two include restriction of License to permit on-site consumption, proximity to sensitive uses,, or other alcoholic beverage sales establishments, existing seating plan, and hours of operation.. Each issue will be discussed individually be 1 ow. According to Ordinance No. g81, in order to sell beer and wine for consumption off-site, a minimum distance of 600 feet must be maintained from any church or private school and a minimum of 300 feet to any other off-site sales es tab 1 i s hmen t. Two other businesses, Barro's Pizza and 3olly Jug Liquor sell alcoholic beverages in the shopping center. Jolly-Jug Liquor, which is an off-site sales establishment, is located at 13840 Red Hill Avenue and is within 300 feet of Suburban Subs. Additionally, KinderCare Learning Center, a private school for youngsters is located in .the center and within 600 feet from Sububan Subs. The Church on Red Hill is located directly opposite Suburban Subs on the west side of Red Hill Avenue and is also within the minimum distance of 600 feet. Within the parameters of these circumstances the Commission, by Ordinance, may only authorize a Type 4! License restricted for on-site consumption only.- Submitted floor plans differ from the original approved tenant improvement plan. The applicant's floor plan shows an additional five tables, which brings the total amount of seats in the restaurant to 48. The extra seating is in excess of both the maximum occupancy load and the parking requirements for the restaurant. In regard to parking requirements, 11 spaces are allocated to the restaurant which allows for 33 seats (1 space per 3 seats). However, the shopping center has an ample parking supply with a ratio of one space per 140 square feet (retail parking standards are one space per 200 square feet). The center has 58 spaces in excess of those required by the Zoning Code. Arthur Irvin, the manager of the shopping center, has verbally agreed to allocate three of these extra spaces to Suburban Subs. This would enable the restaurant to provide seating for 39 people, the maximum allowed under the occupancy load: Currently, the hours of operation are 10:00 a.m. to 8:00 p.m. on weekdays and Saturdays and 12:00 p.m. to 4:00 p.m. on Sundays. According to Resolution No. 2396, which establishes guidelines used in conjunction with alcoholic beverage license actions, food must be served during these hours in conjunction with alcohol sales. Additionally, the requirements for this type of license require that the alcohol sales be incidental to the restaurant use. Community Development Department _ Plannlng Commission Report November 9, 1987 Suburban Sub Page three CONCLUSZON: Staff has reviewed this application for conformance with the State Alcoholic Beverage Control requirements, the Tustin Municipal Code and adopted Guidelines for Alcoholic Beverage Sales Establishments. This application is in conformance with these requirements and staff considers the use to be compatible with the surrounding area. Based upon this information and the incorporation of the conditions in Resolution No. 2446, staff recommends approval of Use Permit 87-26. joeiI'' Slavit- Assistant Planner JS:pef Attachment: Resolution No. 2446 ~/~ ~/~or Planner Corn munity Developrnen~ Deparimen~ --~ 5 6 7 8 9 10 11 13 14 15 16 17 18 19 ~0 23 ~5 26 ~7 ~8~ RESOLUTION NO. 2446 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF TUSTIN, AUTHORIZING A BEER AND WINE LICENSE FOR ON-SITE SALES AT 13832 RED HILL AVENUE. The Planning Commission of the City of Tustin does hereby resolve as follows: I · The Planning Commission finds and determines as follows: A. That a proper application, Use Permit No.87-26 has been filed on behalf of Suburban Subs requesting authorization for an alcoholic beverage control license (type 41) to sell beer and wine for on-site consumption at 13832 Red Hill Avenue. B. That a public hearing was duly called, noticed and held on said application. 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 6f such proposed use, evidenced by the following findings: 1. The sale of beer, wine and distilled spirits is for on-site consumption only. 2. That sale of beer and wine is limited to only when food is sol d. 3. The use applied for is in conformance with the Land Use Element of the Tustin General Plan. 4. The use applied for is an allowed use in the C-2 Central Commercial Zone. 5. That the site for the requested use is, within 300 feet of an existing establishment which has authorization to sell alcoholic beverages for off-site consumption and within 600 feet of a church and school use. Therefore, pursuant to Ordinance 981, the subject site will not be permitted to sell alcoholic beverages for off-site consumption. 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 14 15 16 17 18 19 2O 21 22 23 24 25 26 27 28 Resolution No. 2446 Page two E. Proposed development shall be in accordance with the development poltctes adopted by the City Council, Uniform Buildtng 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 this project is categorically exempt from the requirements of the California Environmental Quallty Act, Class 1. 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. 87-26 to authorize on-site beer and wine sales in conjunction with a restaurant at 13832 Red Hill Avenue, subject to the following condt ti ons: 1. The sale of beer and wine is for on-site consumption only. 2. Eleven of the excess 20 Seats presently in the unit may be retained if and when an agreement to allocate three of the additional 58 spaces to Suburban Subs is signed by-the manager of the shopping center. Otherwise, only five additional seats will be allowed from the original floor plan. 3 · The restaurant shall consist of foods that are primarily prepared on-site. 4. Alcoholic beverages may only be served during the hours which food is sold. These hours are from 10:00 a.m. to 8'00 p.m. Monday through Saturday and l12:00 p.m. to 4:00 p.m. on Sunday. 5. Authorization for this on-site beer and wine license is contingent upon the use remaining as a restaurant. If the restaurant use is ever discontinued, then the beer and wi ne license wi 11 be rescinded. 6. All persons serving or selling alcoholic beverages shall be 18 years of age or older and shall be supervised by someone twenty-one years of age or older. PASSED AND ADOPTED at a regular meeting of the Tustin Planning Commission, held on the day of , 198 . .. Penni Foley Secretary Kathy Well Chairman Report to the Planning CommiSsion ITEM NO. 4 DATE: SUBJECT: APPLICANT: OWNER: LOCATION: ZONING: ENV IROIIIENTAL STATUS: REQUEST: NOYEMBER 9, 1987 USE PERMIT 87-22 FIR. JEFFREY BOROOCK ON BEHALF OF LA ESQUINA 14841 YORBA STREET, SUITE 103 TUSTIN, CALIFORNIA 92680 CALIFORNIA PROPERTIES 17251 E. SEVENTEENTH STREET; SUITE O TUSTIN, CAL1;FORNIA 92680 17245 E. SEVENTEENTH STREET CG: ~RCIAL GENERAL CATEGORICALLY EXEMPT, CLASS I AUTHORIZATION FOR ON-SITE SALES OF GENERAL LIQUOR (LICENSE TYPE NO. 47) IN CONJUNCTION WITH A RESTAURANT USE RECOI~,~ENDED ACTION' It is recommended that the Planntn9 Commission approve Use Permit 87-22 by the adoption of Resolution No. 2444. SUMMARY: The applicant is proposing to operate a mexican food and soft taco bar restaurant called Uno Mas in the Tustin French Quarter at the north east corner of Carroll Way and Seventeenth Street. This restaurant is one of the three proposed food users in the Tustin Pavillion Cafe building. As required by the CG-Commercial General Zoning District a Conditional Use Permit is required for al 1 alcoholic beverage establishments. The applicant i s requesting authorization for a Type 47 license which authorizes on-site sales of general liquor in conjunction with a restaurant use. The two other tenants to occupy the Tustin Pavillion building, 'Tony Roma's and Shelley's Oyster Bar have been granted authorization for this same type of permit. Community Development Department nntng Commission Report November 9, 1986 Uno Mas Page ANALYSIS: 1. Site Location - Uno Mas will be located within a retail shopping center. This center contains three other restaurants with on-site sales licenses (two general liquor and one beer and w.ine). There is one off-site beverage sales outlet across the street in Enderle Center which, is wfthin 300 feet of Uno Mas. Therefore, no sale of alcoholic beverages for off-site consumption can be granted with this application. Additionally, the project site is located 4,200 feet from the nearest school and 420 feet from the nearest residence. ® Hours of operation' Uno Mas proposes to operate from 11'00 a.m. to 2-00 a.m. with a further possible extension of hours from 7'00 a.m. to 2:00 a.m. The restaurant is located within a building with similar restaurant users. As required by the alcoholic beverage sales guidelines, the restaurant must serve food items while alcoholic beverages are being served. ' ..... * 3- Seating and Floor Plan - The floor plan for Uno Mas incorporates the use of bar type seating. This seating area takes up 21% of the total number of seats and is in conjunction with the central atrium concept of the Pavilion Cafe. This area will serve as an eating area also. . Outdoor Seating - In 1984, the Planning Commission approved Use Permit No. 84-14 authorizing the construction of the Pavillion Cafe building and the use of an outdoor seating concept. Uno Mas is proposing to use 16 outdoor seats in conjunction with seats proposed for use by the other restaurants in the building. The outdoor seating area is accessible only through the inside of the building and is screened with a three (3) foot block wall with a three (3) foot plexiglass top. Therefore, beverges can not be easily passed through to areas outside the restaurant complex. This design has been approved by the State Department of Alcoholic Beverage Control. CONCLUSION: Staff has reviewed this application for conformance with the State Alcoholic Beverage Control requirements, the Tustin Municipal Code and adopted Guidelines for 'Alcoholic Beverage Sales Establishments. This application is in conformance with these requirements and staff considers the use to be compatible with the Community Development Department Planntng Commlssi°n RePort November 9, 1986 Uno Mas Page three surrounding area. Based upon thts Information and the Incorporation of the conditions contained in Resolution No. 2444, staff recommends approval of Use Permtt 87-22. Laura Cay Pt ck~p/ ~' / / Associate. Planner LCP-pef Attachments' Site Plan Resolution No. 2444 Christine Shtngleton Director of Community Development Community Development Department ,/ MEDFORD · . · AVE.NU ..... i. I ; /-- .D IR p.~,. 1 ?,4,.G,4' P.~, ff. 17~: · ~.P,G. 175o101 . , . $ E V.E.N T E E N T'~ Elite '.Plan · 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 RESOLUTION NO. 2444 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF TUSTIN, AUTHORIZING USE PERMIT 87-22 FOR ON-SITE SALES OF GENERAL LIQUOR (TYPE 47) IN CONJUNCTION WITH A RESTAURANT USE AT 17245 E. SEVENTEENTH STREET The Planning Commission of the City of Tustin does hereby resolve as follows: I. The Planning Commission finds and determines as follows: A. A proper application, Use Permit No. 87-22 has been filed on behalf of Uno Mas Restaurant to request authorization for on-site sales of general liquor (Type 47) in conjunction with a restaurant use at 17245 E. Seventeenth Street. Be A public hearing was duly called, noticed and held on said application. C. Establishment, maintenance, and operation of the use applied for will not, under the circumstances of this case, be detrimental to the health, safety, morals, comfort, or general welfare of the persons residing or." working in the neighborhood of such proposed use, as evidenced by the following findings: The use as applied for is in conformance with the General Plan, Tustin Zoning Code and the adopted guidelines for alchohlic beverage sales establishments. ® The use apPlied for is a conditionally permitted use in the CG: Commercial General District. 3. The subject site is located a minimum of 420 feet from the nearest residential site and a minimum of 4200 feet from the nearest school and therefore is not considered to have an effect upon residents or school children based upon its location. 4. Alcohol sold on the premises shall be for on-site consumption only. D. 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. E. This project is Categorically Exempt (Class 1) from the California Environmental Quality Act. 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 2'7 Resolution No. 2444 Page two II. The Planning Commission hereby approves Conditional Use Permit No. 87-22 to authorize on-site sales of general liquor (type 47) in conjunction with a restaurant use at 17245 E. Seventeenth Street subject to the follow_lng conditions' 1. All alcoholic beverages shall be consumed on site. Additionally, no application for off-site sales may be filed due to the location of this restaurant in relation to other off-site sales outlets within 300 feet. 2. Authorization for on-site sales of beer and wine/liquor sales is contingent upon the use of the subject site remaining a restaurant. At such time the restaurant use is discontinued the use permit becomes null and void. 3. All persons serving alcoholic beverages must be eighteen years of age or older and supervised by someone twenty-one years of age or older. Supervisor shall be present in same area as point of sale. 4. Hours of operation are limited to the hours of 7-00 a.m. to 2:00 a.m. Food must be served during these hours. $. The menu of the restaurant shall consist of foods that are prepared on the premises. 6. There shall be no pool tables or coin operated games on the premises at any time. PASSED AND ADOPTED at a regular me'ting of the Tustin Planning Commission, held on the day of , 198 . Kathy Well Chairman Penni Foley Secretary Planning Commission DATE: NOVEMBER 9, 1987 SUB,]ECT: AMEN~E~ NO. I TO ZONE CHANGE 84-4 APPLICANT: & OWNER: GOLDRICH, KEST AND ASSOCIATES 15233 VENTURA BOULEVARD; SUITE 816 SHERMAN OAKS, CALIFORNIA 91403 LOCATION: 1262 BRYAN AVENUE ENVIRONMENTAL STATUS: REQUEST: THIS PROJECT IS CATEGORICALLY EXEMPT FROM THE CALIFORNIA ENVIRONMENTAL QUALITY ACT, CLASS I - EXISTING FACILITY WHICH CONSISTS OF THE OPERATION OF A PRIVATE FACILITY INVOLVING NO EXPANSION OF USE BEYONO THAT PREVIOUSLY EXISTING AUTHORIZATION TO AMEND THE DEVELOPt4ENT PLAN FOR TUSTZN ROYALE TO ALLO# A MAXIMUM OF SIX (6) NON-AMBULATORY, WALKER ASSISTED, SENIOR RESIOENTS RECOMMENDATION: Staff recommends that the Planning Commission recommend to the City Council approval of this Amendment by the adoption of Resolution No. 2448. BACKGROUND: On September 17, 1984 the City Council adopted Ordinance 917 which authorized the rezoning of the subject parcel and the approval of a development plan for the Tustin Royale Senior Citizen's Care Facility. This Ordinance specifically approved an 85 unit, three-story senior citizen board and care home for "ambulatory" guests ("ambulatory persons" are defined as persons who can walk unassisted). In January of 1985 building plans were submitted for plan check and subsequently a building permit was issued for an R-1 occupancy {hotel and apartment houses). Three months after construction commenced, Goldrich and Kest revised their building plans and requsted a change of occupancy for an 1-2 occupancy which woul d allow the facility to be licensed under the Department of Social Services. Community Development Department Planning Commission RePort November 9, :!.987 Amendment to Zone Change No 84-4 Page two A Nursing Home for ambulatory patients is defined .under State law as a group I-2 occuancy. However, the Uniform Building Code requires that all "I" occupancies have .exit doors 44" clear and corridors serving any housing area with one or more non-ambulatory persons be not less than eight (8') feet in width. This building has not been modified to meet all of these code requirements because the corridors and exit doors had already been constructed. However, other structural and fire wall changes were made to comply with the 1-2 occupancy. DISCUSSION: The applicant is now requesting authorization to amend the develoment plan to allow a maximum of six {6) non-ambulatory walker, assisted, senior residents. The State definition for non-ambulatory persons is as follows: "persons unable to leave a building unassisted under emergency conditions, including but not limited to persons who depend upon mechanical aids such as crutches, walkers, wheelchairs, and profoundly or severely mentally ,m retarded persons. According to the Orange County Fire Department, a person that uses a mechanical aid ts not considered non-ambulatory if they can demonstrate to the satisfaction of the Social Services Department that they can exit a building without the use of the mechanical aid (please see the attached memo from the Orange County Fire Department). In this particular case the applicant is requesting that not more than six (6) walker assisted residents be allowed to reside in this building even though the exit doors and corridors are smaller than the code requires because these persons demonstrated that they can exit a building without the use of the mechanical aid. In discussions with the staff of the Department of Social Services, they have no problem allowing the non-ambulatory residents, because their permit presently allows not more than six (6) non-ambulatory residents. The Social Services Department has been strictly enforcing this provision. Conclusion: The Orange County Fire Department and the department of Social Services both allow the request because these non-ambulatory persons have demonstrated that they can exit the building in case of a fire. Staff supports the request only if the following conditions of approval become part of the develoment plan for Tusti n Royal e: 1. There shall be a maximum of six (6) non-ambulatory, walker assisted, senior residents at any one time. Community Development Department -I Planntng Commi ssion RePort November 9, 1986 Amendment to Zone Change No. 84-4 Page three ® ® ® ® These non-ambulatory persons shall be walker and cane assisted only, no bed-ridden or wheelchair guests are allowed. These conditions shall become a part of the permit which is licensed and inspected by the Department of Social Services. These conditions shall be added to the Covenant and Agreement dated March 4, 1987 for the Tustin Royale and recorded at the Orange County Recorder's Office. No final Certificate of Occupancy shall be granted to Tustin Royale until a copy of this recorded document is on file in the City Clerk' s Office. Any amendment to the plan shall be submitted for City approval prior to any alteration of the site or use. All conditions of approval listed in Ordinance 917 are herein incorporated into this approval. Ma~y An~/Chamberlain Associate Planner MAC.: pef Attachment: Resolution No. 2448 ~fsttne Shingle~dn - '~/ Director of Community ~velopment Community Development Department 1 5 6 7 8 9 10 11 12 lg 14 15 16 17 18 19 :20 21 22 23 24 26 RE_SOLUTION NO. 2448 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF TUSTIN RECOMMENDING APPROVAL OF AMENDMENT NO. 1 OF ZONE CHANGE 84-4, FOR THE PROPERTY KNOWN AS TUSTIN ROYALE, 1262 BRYAN AVENUE The Planning Commission of the City of Tustin does hereby resolve as follows: I. The Planning Commission finds and determines: A. That a proper application has been filed by Goldrich, Kest and Associates requesting authorization to amend the development plan for Tustin Royale (Ordinance No. 917) to allow a maximum of six (6) non-ambulatory, walker assisted, senior residents at 1262 Bryan Avenue. B. That the development plan previously approved established a senior citizen residential board and care retirement home for occupants 55 years of age or older. C. That the amendment to the development plan as applied for will not, under the circumstances of this case, be detrimental to the health, safety, morals and general welfare of the community and should be granted, evidenced by the following findings: 1. Thi-s amendment as proposed conforms with the provisions of the City's general plan and zoning ordinance which designated Tustin Royale as a senior citizen retirement home. 2. The intent of this use was to allow diversification of land uses in order to accommodate this housing opportunity for the board and care of senior citizens. 3. The project may not be amended in any substantial fashion without approval by the City's Planning Commission and City Counci 1. D. This project is Categorically exempt from the requirements of the California Environmental Quality Act as a Class I - Existing Facility which consists of the operation of a private facility involving no expansion of use beyond that previously existing. 1 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 23 24 25 26 27 28~l Resolution No. 2448 Page two II. The Planning Commission hereby recommends to the City Council approval of Amendment No. I to Zone Change 84-4 Development Plan subject to the following conditions: 1. There shall be a maximum of six (6) non-ambulatory, walker assisted, senior residents at any one time. 2. These non-ambulatory persons shall be walker and cane assisted only, no bed-ridden or wheelchair guests are allowed. 3. These conditions shall become a part of the permit which is 1 icensed and inspected by the Department of Social Services. 4. These conditions shall be added to the Covenant and Agreement dated March 4, 1987 for the Tustin Royale and recorded at the Orange County Recorder's Office. No final Certificate of Occupancy shall be granted to Tustin Royale until a copy of this recorded document is on file in the City Clerk's Office. ® Any amendment to the plan shall be submitted for City approval prior to any alteration of the site or use. All conditions of approval listed in Ordinance 917 are herein incorporated into this approval. PASSED AND ADOPTED at a regular Planning Commission meeting on the day of , 1987. Penni Foley Secretary Kathy Wei 1 Chairman UN~ OF ORANGE COUNTY FIRE DEPARTMENT 180 SOUTH WATER STREET P.O. BOX 86, ORANGE, CALIFORNIA 92666-0086 (714) 744-0400 October 5, 1987 LARRY J. HOLMS DIRECTOR OF FIRE SERVICES' SERVING THE UNINCORPORATED AREAS {~)F ORANGE COUNTY AND THE CITIES OF: CYPRESS IRVlNE LA PALMA LOS ALAMITOS PLACENTIA SAN JUAN CAPISTRANO SEAL BEACH STANTON TUSTIN VILLA PARK YORBA LINDA Mary Ann Chamberlain, Associate Planner Community Development/P1 anning Division City of Tustin 300 Centennial Way Tustin, CA 92680 Dear Ms. Chamberlain' The purpose of this letter is to respond to your request for an explanation of code requirements (non-ambulatory persons) as may apply to Tustin Royale. · The Tustin Royal.e building is presently a Group I Division 2 Occupancy as classified by the Tustin Building Official. Title 24, California Administrative Code (CAC), Section 2-1001 defines a Group I Division 2 Occupancy as' "Nursing homes for ambulatory patients, homes for children six years of age or over (each accommodating more than 6 persons). Title 24, CAC, Section 2-415 defines a non-ambulatory person as a person unable to leave a building unassisted under emergency conditions. It includes, but is not limited to, persons who depend upon mechanical aids such as crutches, walkers and wheelchairs, and profoundly or severely mentally retarded persons. A person that normally uses a mechanical aid is not considered non-ambulatory if they can demonstrate to the satisfaction of the Social Services Department, that they can exit the building without the use of the mechanical aid. Title 22, CAC, does not allow bedridden patients in a residential care facility. Such patients shall bereferred to a skilled nursing facility. This is enforced by the Social Services Department. I am happy to assist you in your request for an explanation of code requirements. Please let me know if I may be of any further service. Si ncerel y, Scott R. Nelson Fire Captain SRN'jc SMOKE DETECTORS SAVE LIVES Planning Commission DATE: SUBJECT: APPLICANT: LOCATION: REQUEST: '. ENV!ROI~IENTAL STATUS: NOVEMBER 9, 1987 TENTATIVE TRACT lqAP NO. 13053 AND DESIGN REVIEW 87-33 J. Iq. PETERS COlqPANY LOTS 3, ! AND J OF TRACT 12763 1) AUTHORIZAT!ON TO SUBDIVTDE 24.359 ACRES TNTO 118 NUMBERED AND 3 (THREE) LETTERED LOTS FOR SINGLE FAlq!LY DEVELOPlqENT, 2) APPROVAL OF SITE PLAN AND ARCHITECTURAL DESIGN OF THE PROPOSED PROJECT !NCLUD!NG AN ADlqIN!STRATIVE ADJUSTMENT FOR FRONT SETBACKS · THE PROJECT IS COVERED BY A PREVIOUS EIR (85-2) FOR THE EAST TUST!N SPEC!F!C PLAN. NO'ADD!T!ONAL DOCUMENTAT!ON IS REQUIRED RECOIIqENDED ACT!ON: It ts recommended that the Planning Commission l~ake the following actions' 1. Approve. Environmental Determination for project by adoption of Resolution No. 2449, as submitted or revised. ® Approve Design Review 87-33 and Administrative Adjustment by adoption of Resolution No. 2450, as submitted or revised. Recommend to City Council approval of Tentative Tract Map 13053 by adoption of Resolution No. 2451, as submitted or revised. SUMMARY: Applicant proposes to subdivide a 24.359 acre site into 118 numbered and three {3) lettered lots for the purpose of developing 118 single family detached dwelling units. Prior to development as proposed, the Planning Commission must approve the proposed Tentative Tract Map and a Design Review of the project pursuant to provisions of the East Tustin Specfic Plan. Community Development Departmeni Planning Commission Report November 9, 1987 Tentative Tract Hap 13053 Page two The project site ts bounded by existing residential development (Tract 6628) to the west, [rvine-Boulevard to the north, proposed Tustin Ranch Road to the east and Tentative Tract 13094 to the south. Planned and anticipated development in the vicinity include a proposed 103 unit single family detached development (Tentative Tract 13094) to the southwest immediately adjacent to the project, and a community park site immediately across Tustin Ranch Road to the east. PROJECT DESCRIPTION/SITE PLAN: Submitted development plans for the project propose construction of il8 two-story single family detached dwelling units on lots approximately 6,200-6,500 square feet in size. The project contains four unit types -- 28 four (4) bedroom (or three bedroom plus den) with bonus room units, 30 three bedroom (plus bonus room) units, 29 five bedroom (or four bedroom plus den) and 31 four bedroom (or three bedroom plus den) units.Units will range in size from approximately 3,070 square feet to approximately 3,370 square feet. The overall density of the project is proposed at 4.6 dwelling units per acre with eighteen to twenty foot front setbacks proposed for the project. Although the Specific Plan recommends a minimum rear setback of 25 feet and an average of 30 feet adjacent to existing single family dwellings to the north, development plans propose setbacks which range between 25 - 52 feet with an average setback of 36 feet. In conjunction with the project the applicant proposes construction of ten public streets, all of which will be butlt with a 56' right-of-way width. However, in contrast to the recently approved Bramalea development to the south, the applicant is proposing to provide the required five foot sidewalk immediately adjacent 'to curb and include the three foot landscape area behind the sidewalk. Access to the project will be provided at the proposed Tustin Ranch Road by Street "A" and at Park Center Lane via Street "B". Additionally, vehictular movement within the project will also be able to access Browning Avenue through the Bramalea project to the south upon its completion. The applicant has entered into an agreement for the construction of common intersection improvements for Street "B" with the Bramalea Company. Other features of the project can be summarized as follows: -- Three (3) landscaped lots are proposed for landscaping along Irvine Boulevard, Tustin Ranch Road and Park Center Lane. Community Development Department Planning Commission RePort November 9, 1987 Tentative Tract Map 13053 Page three -- The project is proposed to be constructed in three (3) phases with construction of approximately 39-40 units per phase. -- Up to a 6'8" split face concrete block wall consistent wi th the theme wall approved wi th Tract Map 12763 is proposed to be constructed around the project. Staff would recommend establishment of design standards to be used for any wall and fencing constructed to divide common property lines within the Tract. ARCH ITECTURAL DESIGM: The proposed architectural design for the project will introduce elements of two (2)architectural styles, Spanish Monterey style {second story wood balconies, wood roof beams) and an early California Monterey ranch style (exposed window and door wood. trim and some wood siding). Prospective buyers will be able to choose one of the above architectural design themes for any one of the proposed unit types. The proposed architecture is consistent with the desired East Tustin Ranch style. ISSUES School Facilities - As of the transmittal date of this staff report no correspondence has been received from the Tustin Unified School District on Tentative Tract Map 13053. As information becomes available, it will be transmitted to the Commission. While the Commission may recall that school facilities were reserved in conjunction with Tract Map 12763, the School Facilities Agreement between the Irvine Company and the Tustin Unified School District provides that the Irvine Company would not process for approval by the City final residential builder map until an agreement is reached between the Company and District providing a funding mechanism for provision of adequate school facilities in East Tustin. Prior to filing of Tentative Tract Map 13053, the City did request information from the District and Company on the status of School financing. While, no response has been received from the District, correspondence was received from the Irvine Company on September 21, 1987. The Company has prepared a Preliminary School Facilities and Financing Plan for the Tustin Ranch community which was sent to the District on July 13, 1987. In addition, on August 14, 1987, they forwarded to the District a Technical Supplement to the plan which provided a more detailed explanation of the methodology used in the preparation of our Preliminary Financing and Facility Plan. Community Development Department Planntng Commi ss¶ on RePort November 9, 1987 Tentative Tract Map 13053 Page four While the Company has reached no conclusions with the District on the plan, staff feels that there has been a good .faith effort by the Company to address the requirements for the East Tustin Plan. In addition, in reviewing the status 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 13053 on School District facilities, and changes in State law, it has been determined that the impacts on School District facilities by approval of Tract Map 13053 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 13053. Sidewalks Adjacent to Curb - Applicant has proposed that public sidewalks throughout the project be located immediately adjacent to the street and that the balance .of the public right-of-way required for landscape purposes be situated behind the sidewalk. This configuration is in contrast to traditional patterns used throughout the City but is permissable pursuant to the East Tustin Specific Plan. Further, the same treatment was used in the Belleford-Ranchwood project (Tract 6628) which is immediately west of the proposed subdivision. Positive aspects of this configuration include extended front yards for residents, reduced maintenance problems associated with landscape strips separated by sidewalks, and the elimination of the need, for persons required to park in the street, from crossing landscape areas. Negative aspects of this pattern include the potential conflicts that could result when car doors open directly into a pedestrian walkway, extension of the expanse of hard, paved/concrete areas without the visual relief offered by parkway strips and the obvious misunderstanding that might result in the future for residents who perceived that part of the public right-of-way is their property. Given other aspects of the site, particularly the 18 foot setback issue (discussed below), the Design Review Committee recommends the Commission give positive consideration to permitting sidewalks situated adjacent to curb. However, as a stipulation to this recommendation, should this configuration be unacceptable to the United States Post Office (written confirmation of U.S.P.S. approval has not yet been received), then standard configurations or even meandering of sidewalks should be required. These circumstances have been addressed in appropriate conditions of approval. Eighteen (18') Foot Front Setbacks -On various lots throughout the project (18 of the 118 lots) an 18 foot front yard is provided fron the property line in lieu of the 20 feet required by the East Tustin Specific Plan. However, the Specific Plan al so provides that based upon certain findings, the Director of Community Development may grant a 10~ reduction in a required building setback. However, to preclude the necessity of an additional public meeting and based o UpOn the input and discussion of the Design Review Committee, the Director mmends, the Commission approve the setback. Community Development Department - Planning Commission Report November 9, 1987 Tentative Tract 13053 Page ftve That 'the adjustment requested ts a mtnor modification to site development standards that constitutes a reasonable use of property not permissible under a strict literal interpretation of the regulations; and 2. That the adjustment requested as granted addresses special circumstances of hardshtp in that rear setback requirements Imposed upon lots adjacent to existing development are in excess of those required for the same density classification elsewhere in the East Tustin Speclftc Plan thereby creating additional site planning constraints; and 3. That the adjustment requested ts not uniformly applied to the entire subdivision but only to a 11mtted number of lots. 4. Proposed sidewalk configurations will result in structures being actually setback in excess of 20 feet from the back of sidewalk, (2[ feet minimum) in that there is three feet of extended front yard landscaping as part of the public right-of-way. This factor is Important in that the integrity of a full drtveway back-up area (before a vehicle encroaches into a pedestrian or vehicular travel way) ts retained. Landscape Areas at Project Entry Points - Submitted plans propose that landscape areas paralltng "A" and "B" Streets at project entry points be the responsibility of Individual owners of Lots l, 77 and 94. These areas are obvious key focal points into the project. In conjunction with the perimeter landscape concept plan proposed for the entire sector, continued maintenance of these areas is of extremely important to the aesthetic appearances of the subdivision. Staff does, therefore, not belteve that these areas should be the burden of only three owners of a 118 lot subdivision. To ensure continued maintenance and high quality entry appearance, tt is recommended that maintenance of these areas become the responsibility of a Homeowner's Association. This action will not add any burden to the developer tn terms of creatton of the Association since such a mechanism is already required for maintenance of Lot C, adjacent to Park Center Lane, which is not a part of the East Tustin Landscape Maintenance District. Also in terms of aesthetics of these entry points, staff recommends consistency wtth the approved entry ways into the Bramalea project on Street "B". The street sections for Street ."B" should show a three foot landscape area adjacent to curb and then a five (5) foot sidewalk area. referenced in the East pedestrian/bicycle paseo a'shown between lots Pedestrian Paseo Area Betwen Lots 84 and 85 - To promote a hazard free connection within the project to community services and support areas, as Tustin Specific Plan EIR, a separate 6 foot wide lot is additionally recommended by for the easement 84 and 85 although not shown on the applicant's Community Development Department Planning Commission RePort November g, 1987 Tentative Tract Map 13053 Page si x proposal. A paseo in this location takes advantage of an easement so no buildable area is lost. Additionally, access at this point directs pedestrians to a controlled intersection at Tustin Ranch Road, which in turn leads to the community park site as well as future high school and elementary school sites to the east across Tustin Ranch Road. Although the applicant has argued that residents from most remote units would have to travel only 700' to nearest exit of tract, and thus the paseo is not needed, this distance is in excess of a standard City block. Such additional distance may be considerable for school age children. Further, identified tract exit points are not provided with controlled pedestrian crossings. ENVIROllqENTAL ANALYSIS Based upon review of the subject map as well as Environmental Impact Report 85-2 (as supplemented) it has been determined that environmental issues relating to this project have previously been addressed. Also, appropriate mitigating measures identified in EIR 85-2 are included as conditions of approval for the project. With this information in mind, it is recommended that the Commission make the finding that requirments of the California Environmental Quality Act have been met and that no further environmental review is required. CONDITIONS OF APPROVAL A list of conditions of approval is included within the attached Resolutions. Outside of specific issues discussed in this report, conditions of approval are standard conditions required by either the Specific Plan, other applicable municipal codes, the approved Development Agreement for the project area or requirements of City Departments or outside reviewing agencies. Staff will respond to any questions concerning listed conditions at the November 9th public hearing. Community Development Department Planning Commission Report November 9, 1987 Tentative Tract Map 13053 Page seven CONCLUS!O# ,11 Given the analysis conducted by staff and consideration of comments from other agencies and the public, it is concluded that the proposed project meets requirements of the East Tustin Specific Plan, the Subdivision Map Act as adopted and the California Environmental Quality Act. It is therefore recommended that the Commission recommend to City Council approval of Tentative Tract Map 13053 and approve Design Review 87-33. JSD: pe f Christine Shingletg~i DI rector of Community Development Attachments: Tentative Tract Map 13053 Si te Plan Elevations Resolution No. 2449, 2450, & 2451 Community Development Department 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 RESOLUTION NO. 2449 A RESOLUTION OV THE PLANNING COMMISSION OV THE CITY OF TUSTIN, VINDING THAT THE VINAL ENVIRONMENTAL IMPACT REPORT (EIR) FOR THE EAST TUSTIN SPECIFIC PLAN IS ADEQUATE TO SERVE AS THE PROGRAM EIR FOR TENTATIVE TRACT MAP 13053 AND DESIGN REVIEW 87-33 AND ALL FEASIBLE MITIGATION MEASURES HAVE BEEN INCORPORATED AS REQUIRED BY THE CALIFORNIA ENVIRONMENTAL QUALITY ACT. The Planntng Commission of the City of Tusttn does hereby resolve as follows: I.. The Planning Commission finds and determines as follows: A. Tentative Tract Map 13053 and respective development plans are considered "projects" pursuant to the terms of the California Environmental Quality Act; and B. The projects are covered by a previously certified final environmental impact report for the East Tustin Specific Plan which serves as a Program EIR for the proposed project and; II. The East Tustin Specific Plan final Environmental ImPact Report previously certified on March 17, 1986 was considered prior to approval of these projects. The Planning Commission hereby finds: this project is within the scope of the East Tustin Specific Plan previously approved; the effect of this project was examined in the Program EIR; and all feasible .mitigation measures and alternatives developed in the Program EIR are incorporated into this project. The Final EIR is therefore determined to' be adequate to serve as a Program EIR for this project and satisfies all requirements of CEQA. Applicable mitigation measures identified in the Final EIR have been incorporated into this project which mitigates any potential significant environmental effects thereof. The mitigation measures are identified as Conditions on Exhibit A of Resolution No. 2450 approving Design Review 87-33 and Exhibit A of Resolution No. 2451 recommending approval of Tentative Tract Map 13053. PASSED AND ADOPTED by the Planning Commission of the City of Tustin at a regular meeting held on the day of , 198__. KATHY WEIL, Chairman PENNI FOLEY, Secretary 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 RESOLUTION NO. 2450 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF TUSTIN, CONDITIONALLY APPROVING DESIGN REVIEW 87.-33 AND AN ADMINISTRATIVE ADJUSTMENT FOR A PROJECT WITH 118 DETACHED SINGLE FAMILY DWELLINGS ON 24.359 ACRES ON LOT 3 OF TRAC¥ 12763 The Planntng Commission of the City of Tustin does hereby resolve as follows: I. The Planning Commission finds and determines as follows: A. That a proper application, Design Review No. 87-33, was filed by J. M. Peters Company, requesting approval of a 118 detached single family dweiling unit project. B. That a public hearing was duly called, noticed and held on said application on November 9, 1987. Ce Pursuant to Section 9272 of the Tustin Municipal Code, the Commission ftnds that the location, size, architectural features and general appearance of the proposed development will not tmpalr the orderly and harmonious development of the area, the present or future development theretn, or the occupancy as a whole. In making such findings, the Commission has considered at least the following items: 1. Height, bulk and area of buildings. 2. Setbacks and site planning. 3. Extert or material s and col ors. 4. Type and pitch of roofs. 5. Size and spacing of windows, doors and other openings. 6. Towers, chimneys, roof structures, flagpoles, radio and televi sion antennae. 7. Landscaping, parking area design and traffic circulation. 8. Location, height and standards of exterior i 1 lumi nation. 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 2O 21 22 23 24 25 26 27 28 Resolution No. 2450 Page two D. Pursuant to Section 3.13 of the East Tusttn Spectfic Plan, the Commission approves an Administrative Adjustment of 2 feet of the requtred 20 foot front setback on 18 of the 118 lots provtded wlthtn the subdivision based upon the following findings: 1. The use ts tn conformance with the Tusttn Area General Plan; 2. The granting of an Administrative Adjustment as hereln provtded wtll not be contrary to the intent of the Zontng Ordinance, the East Tusttn Speciftc Plan or the public safety, health and welfare. . The grantlng of an Administrative Adjustment as heretn provtded wtll not constitute a grant of spectal privilege Inconsistent wtth the limitations upon other properties in the vtctntty and distrtct tn whtch the subject property ts situated. 4. That the adjustment requested ts a minor modtficatlon to stte development standards that constitutes a reasonable use of property not permissible under a strtct 11teral Interpretation of the regulations; and 5. That the adjustment requested as granted addresses special circumstances of hardshtp tn that rear setback requirements tmposed upon lots adjacent to existing development are in excess of those requtred for the same denstty classification elsewhere tn the East Tusttn Spectftc Plan thereby creating additional stte planntng constraints; and . Proposed sidewalk configurations will result in structures being actually setback, in excess of 20 feet from the back of sidewalk, (21 feet minimum) in that there is three feet of extended front yard landscaping as part of the public right-of-way. This factor is important in that the integrity of a full driveway back-up area (before a vehicle encroaches into a pedestrian or vehicular travel way) is retai ned. 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 2O 21 22 23 24 25 26 27 28 Resolution No. 2450 Page three · Locatton and appearance of equipment located outside of an enclosed structure. 10. Locatton and method of refuse storage. 11. Physical-relationship of proposed structures to existing structures tn the nelghborhood. 12. Appearance and design relationship of proposed structures to existing structures and possible future structures in the neighborhood and public thoroughfares. 13. Proposed signtng. 14. Development Guidelines and criteria as adopted by the City Counci 1. II. The Planning Commission conditionally approves Design Review 87-33 authorizing construction of a project with 118 single family detached dwelling units subject to the conditions attached hereto as Exhibit A. PASSED AND ADOPTED at a regular meeting of the Tustin Planning Commission, held on the day of' , 198___. KATHY WEIL, Chairman PENNI FOLEY, Secretary EXHIB]:T A DESIGN REV[EH 87-33 COIID]:T]:ONS OF APPROVAL RESOLUTIO# #0. 2450 GENERAL November 9, 1987 1.1 The proposed project shall substantially conform with the submitted site plan for the project date stamped September 30, 1987 on file with the Community Development Department, as herein modified, or as modified by the Director of Community Development Department in accordance with thls exhibit. 1.2 Unless otherwise specified, the conditions contained in this exhibit shall be complied with prior to the issuance of any building permit for the project, subject to review and approval by the Community Development Department. 1.3 Design review approval shall be become null and void unless building permits are issued within eighteen {18) months of the date on this Exhibit. 1.4 At building plan check, construction plans, structural calculations, and title 24 energy calculations shall be submitted. Requirements of the Uniform Building Codes, State Handicap and Energy Requirements shall, be complied with as approved by the Building Official. 1.5 At building plan check, provide preliminary 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. 1.6 At building plan check submittal of 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 Depar tmen t. 1.7 Submittal of a precise soils engineering report provided by a soils engineer within the previous twelve (12) months. 1.8 Applicants shall satisfy all Public Works Department requirements including but not limited to all conditions contained in Resolution No. 2451. 1.9 Applicant shall comply 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 wi th all requirements pertaining to construction. 1.10 Submittal of a detailed acoustical noise study prepared by a qualified acoustical expert shall be subject to review and approval by the Community Development Department to insure that interior noise levels do not exceed a maximum of 45dBa's. Exhibit A Resolution No. 2450 Page two 1.11 Consideration shall be given to rough plumbing to retain future solar heating options. Copper shall be installed from hot water closet in attic and hot water closet increased in size to accommodate a solar water heater and addition of a 110v electrical outlet. 1.12 Modifications to locations of specific unit types shall be permitted subject to approval of the Department of community Development provided that all Specific Plan development standards can be met. 1.13 Applicant will be permitted to obtain building permits for model unit construction prior to approval of Final Map 13053 provided all building code requirements have been met including Public Works, Fire Department and Community Development Department requirements and approvals. 1.14 a bicycle/pedestrian circulation paseo lot shall be provided between lot 84 and 85 to facilitate direct and hazard free connections within the project, to adjacent projects and neighborhood support services. SZTE AND BUZLDING CONDTTZONS 2.1 All exterior colors to be used shall be subject to a review and approval of the Director of the Community Development Department. All exterior treatments must be coordinated with regard to color, materials and detailing and noted on submitted construction plans and elevations shall indicate all colors and materials to be used. 2.2 A six foot high chain linked fence shall be installed around the site prior to building construction stages. Gated entrances shall be permitted along the perimeter of the site for construction vehicles. 2.3 No rooftop mechanical or electrical fixtures and equipment shall be provided. All telephone and electrical boxes must be indicated on the building plans and shall be completely screened. Electrical transformers, where provided and wherever possible shall be located toward the interior of the project maintaining a sufficient distance from frontage of the project. 2.4 Submit detail for all on-site subdivision walls to be'constructed by developer including a design program for common property walls on individual lots. Show type of wall cap and type of color, exterior materials on subdivision walls which should be consistent with wall concepts approved for Tract 12763 and decorative treatment of all exposed walls. Common property walls/fences should be consistent with main building treatments. A protective rail or guard must be installed on top of retaining walls where there is more than a thirty (30) inch drop. Check the building code and provide details for such treatment. All walls shall be contained within boundaries of individual lots with the exception of subdivision walls along Park Center Lane which may be located on landscaping lettered lots. Exhibit A Resolution No, 2450 Page three 2.5 Mailbox architectural detail indicating color and exterior treatment (number of coats of paint, etc.) shall be submitted for review and approal of Director of Community Development to ensure wear and durability. The style of individual mail boxes shall be subject' to approval of the Director of Community Development prior to installation and should be decorative and consistent with architectural style of project. Indicate on site plan and improvement plans the proposed location of all structures and provide construction level footing and attachment details. If the Post Office requires mailbox locations at curbstde, public right-of-way improvement plans should reflect meandering of sidewalk and parkway so that the parkway would be at curbside to accommodate proposed mailbox locations. 2.6 Provide final master sign plan for project to include: a) project identification; b) on-site address signs. Provide generalized location, sizes, design and colors subject to review and approval of Tustin Police Department,' Orange County Fire Department and Community Development Department. LANDSCAP]:NG' GROUNDS AND HARDSCAPE ELEHENTS 3.1 Landscaping plans for landscaping lots "A", "B", "C" and additional paseo lot shall address the control of fertilizers, pesticides, and irrigation water runoff. 3.2 Future formal submittals shall substantially conform to the submitted landscaping concept plan on file with the Department of Community Development, for Tract Map 12763 as herein and modified or as modified by the Director of Community Development pursuant to the City's Design Review procedures. 3.3 At plan check stages a completely detailed landscape and irrigation plan must be submitted for landscaping Lots "A", "B", "C" and additional paseo lot with whatever scale necessary to depict adequately what is occurring. Provide summary table applying indexing identification to plant materials in their actual location. The plan and table must list botantical and common names, sizes, spacing, actual location and quantity of the plant materials proposed. Show planting and bermtng details, soil preparation, staking, etc. The irrigation plan shall show location and control of backflow prevention devices, pipe size, sprinkler type, spacing and coverage. Details fo~ all equipment must be provided. 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 materials or request additional sizing or quanity materials during plan check. Note on landscaping plan that coverage of landscaping irrigation materials is subject to field inspection at project completion by the Department of Community Development. 3.4 The submitted landscaping plans at plan check must reflect the following requirements for areas included in master landscape plan for Tract 12763: Exhibtt A Resolution No. 2450 Page four a) Turf is unacceptable for grades over 25~ a combination of planting materials must be used, ground cover on large areas alone is not acceptable. b) Provide a minimum of one 15 gallon size tree for every 30 feet of property line on the property perimeter and five 5 gallon shrubs. 3.5 All newly planted trees shall be staked according to City standards. 3.6 Shrubs shall be a minimum of 5 gallon size and shall be spaced a minimum of 8 feet on center when intended as screen planning. 3.7 Ground cover shall be planted between 8 to 12 inches on center. 3.8 When ! gallon plant sizes are used the spacing may vary according to materials used. 3.9 Up along fences and or walls and equipment areas provide landscaping screening with shrubs, and or vines and trees on plan check drawings. 3.10 All plant materials shall be installed in a healthy vigorous condition typical to the species. 3.11 Landscaping must be maintained in a neat and healthy condition, this will include but not be limited to triming, mowing, weeding, removal of litter, fertilizing, regular watering, or replacement of disease or dead plants. 3.12 In irrigation areas controller to be enclosed in lockable housing. Design irrigation systems to provide sufficient coverage of avoiding water overspray on buildings and sidewalks. Note of this requirement to be on plan check drawings. 3.13 Project perimeter block wall shall be constructed on prorate property and shall be maintained by established Homeowner's Association. 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 20 21 9.2 23 2~ 2~ 27 28 RESOLUTION NO. 2451 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF TUSTIN RECOMMENDING TO THE TUSTIN CITY COUNCIL APPROVAL OF TENTATIVE TRACT MAP NO. 13053 The Planning Commission of the City of Tustin does hereby resolve as follows: I. The Planning Commission finds and determines as follows: A. That Tentative Tract Map No. 13053 was submitted to the Planning Commission by J. M. Peters Company, for consideration. B. That a public hearing was duly called, noticed and held for said map. C. That an Environmental Impact Report (EIR 85-2 for the East Tustin Specific Plan) has been certified in conformance with the requirements of California Environmental Quality Act for the subject project area. D. That the proposed subdivision is in conformance with the Tustin Area General Plan, adopted East Tustin Specific Plan, Development Agreement and Subdivision Map Act as it pertains to the development of single family dwellings. E. The 1.2036 acre parkland required of this project was previously dedicated with recordation of Tract 12763. F. That the City has reviewed the status 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 13053 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 13053. G. That the site is physically suitable for the type of development proposed. He That the site is physically suitable for the proposed density of development. 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 2O 21 22 23 24 25 26 27 28 Resolution No. 2451 Page two .I. 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 wildllfe In their habitat. That the destgn of the subdivision or the type of Improvements proposed wtll not confltct wtth easements acquired by the public-at-large, for access through or use of the property wtthtn the proposed subdivision. K. That the design of the subdivision or the types of Improvements proposed are not 11kely to cause sertous publlc health problems. II. The Planntng Commission hereby recommends to the' City Council approval, of Tentative Tract Map No. [3053 subject to the conditions attached hereto as Exhtbtt A. PASSED AND ADOPTED at a regular meeting of the Tusttn Planning'Commission, held on the day of , 1987. Kathy Wei 1, Chairman Penn1 Foley, Secretary Resolution 2451 EXHIBIT A November 9, 1987 CONDITION OF APPROVAL FOR TENTATIVE TRACT MAP 13053 PUBLIC/PRIVATE INFRASTRUCTURE IMPROVEMENTS 1.1 Prior to recordation of final map, the Subdivider shall prepare plans for and construct or post security guaranteeing construction of all public and/or private, infrastructure improvements within the boundary of said tract map in conformance with applicable City standards, including but not limited to the following: A. Curb and gutter/cross gutters B. Sidewalks including access facilities for physically handicapped persons C. Dri ye aprons/approach D. Street paving E. Street signing and paving F. Landscaping/irrigation facilities G. Sanitary sewer service facilities H. Domestic water service facilities I. Reclaimed water service facilities J. Utility connections (i.e. gas, electric, telephone, and cable T.V. facilities) K. Traffic signal systems and other traffic control devices L. Street and paseo lighting M. Storm drains and subdrains N. Undergroundi ng of exi sting and proposed uti li ty di stri buti on 1 i nes O. Lot monumentati on P. Fi re hydrants Q. Bus turnouts in accordance with Orange County Transit District turnout design guidelines, subject to approval of City Engineer. The amount of acceptable security for construction of public improvements shall be reviewed and approved by the Public Work Department. The amount and acceptable security for private improvements shall be reviewed and approved by the Building Official. 1.2 All construction within a public right-of-way and/or public easement must be shown on a separate 24" X 36" plan with all construction referenced to applicable City, County, Irvine Ranch Water District standard drawing numbers. 1.3 All changes in existing curbs, gutters, sidewalks and other public improvements shall be responsibility of subdivider. 1.4 Placement of all above ground facilities, such as signing, street lights, fire hydrants shall be behind the sidewalk when said sidewalks are constructed adjacent to the curb within the public right-of-way. Resolution No. 2451 Exhtbtt A Page two 1.5 Preparation of plans for and construction of all sanitary sewer facilities must be submitted as required by the City Engineer and local sewering agency. These facilities shall include a gravity flow system per standards of the Irvine Ranch Water District. 1.6 Preparation of plans for and construction of a domestic water system to the standards of the Irvine Ranch Water District/City of Tustin Water Service, whichever is applicable at the time of plan preparation is required. Improvement plans shall also be reviewed and approved by the Orange County Fire Department for fire protection purposes. The adequacy and reliability of water system design and the distribution of fire hydrants will be evaluated. The water distribution system and appurtenances shall also conform to the applicable laws and adopted regulations enforced by the Orange County Health Department. Any required reclaimed water systems shall be to the standards as required by the Irvine Ranch Water District. 1.7 In tract storm drain design for sump conditions to be 100 year design. The storm drain easement through Lot 85 shall be a minimum width as required by Orange County EMA standards. 1.8 Proposed streets shall be designed to the following specifications: A. All public streets shall be 56 feet in right-of-way width. B. All proposed streets shall be designed in substantially the same alignment as shown on the approved tentative tract map unless modi fi ed and approved by the Di rectors of Community Development/Public Works as indicated in Exhibit A of Resolution No. 2450, Condition 2.5. C. All public streets shall be constructed in accordance with City requirements in terms of type and quality of materials used. D. Parking will not be permitted on Park Center Lane. 1.9 The subdivider shall satisfy dedication and/or reservation requirements as applicable, including, but not limited to the following: A. Dedication of' all required street and flood control right-of-way, vehicular access rights, sewer easements and water easements defined and approved as to specific location by the City Engineer and other responsible agencies. 1.10 Prior to recordation of the Final map, subdivider shall post wi th the Community Development Department a minimum $2,500 cash deposit or letter of credit to guarantee the sweeping of streets and cleanup of streets affected by construction activities. In the event this deposit is depleted prior to completion of development or City acceptance of public streets, an additional incremental deposit will be required. 1.11 Any damage done to existing street tmprovem, ents and utilities shall be repaired before acceptance of the tract and/or issuance of a Certificate of Occupancy for development on any parcel within the subdivision. Resolution No. 2451 Exhi bt t A Page three 1.12 Prior to any work in the public right-of-way, an Excavation Permit must be obtained (and applicable fees paid) from the Public Works Department. 1.13 A minimum 6 foot wide bicycle/pedestrian circulation paseo lot shall be provided between lot 84 and 85 to facilitate direct and hazard free connections within the project, to adjacent projects and neighborhood support services. 1.14 Lots lettered C and the proposed paseo lot to be created pursuant to condition 1.13 to be the responsibility of adjoining property owner within the proposed subdivision and/or future Homeowners Association. 1.15 Where sidewalk is constructed adjacent to curb, each residential lot shall have planted and permantly maintained, in the front yard area, on private property at least one (1) fifteen gallon tree. Type of trees to be reviewed and approved by the Director of Community Development/Ci ty Engineer. '~ 1.16 Prior to approval of Final Map execution of an agreement between developers of Tract 13053 and 13094 to provide for construction of Street "B" is required. Sidewalk parkway area shall be designed on both sides of Street "B" as approved with Tract 13094. Three foot parkway shall be adjacent to curb. 1.17 Entry Street "A" shall have sidewalk and parkway design consistent with Street "B" between Tustin Ranch Road and Street "J". 1.18 Street names shall be approved by the Community Development Department prior to approval and recordation of the Final Map. 1.19 Obligation for 25% share of total traffic signal installation at Bryan Avenue at Park Center Lane. A cash deposit will be required for a five {5) year period after map recordation with a return clause if funds are not uti 1 i zed. GRADING/DRAINAGE 2.1 Preparation and submittal of final grading plans delineating the following is required prior to approval of Final Map. A. Final street elevations at key locations B. Final pad/finish floor elevations and key elevations for all site grading. All final pad elevations to be a minimum of 1.0 feet above the base flood elevation as defined by FEMA. C. All flood hazard areas of record must be shown. Resolution No. 2451 Exhtbt 1: A Page four 2.2 Prior to issuance of precise grading permtts, a detailed soil engineering report shall be submitted to and approved by the Building Official conforming to the requirements of the Uniform Building Code, City Grading Requirements, and allother applicable state and local laws, regulations anf requirements. 2.3 Prior to issuance of grading permits, preparation and submittal of a grading plan subject to approval of the Department of Community Development delineating the following information: A. Methods of drainage in accordance wi th all applicable City standards. B. All recommendations submitted by geotechnical or soil engineer and specifically approved by them. C. Compliance with conceptual grading shown on tentative tract map. D. A drainage plan and necessary support documents to comply with the following requirements: 1) Provision of drainage facilities to remove any flood hazard to the satisfaction of the City Engineer which will allow building pads to be safe from inundation from rain fall which may be expected from all storms up to and including the theoretical 100 year storm and dedication of any necessary easements on the final map as required. 2) Elimination of any sheet flow and ponding. 3) Provision of drainage facilities to protect the lots from any high velocity scouring action. 4) Provision for contributory drainage from adjoining properties. E. All flood hazard areas of record. F. A note shall be placed on the grading plan requiring Community Development Department approval of rough grading prior to final clearance for foundations. The Department will inspect the site for accuracy of elevations, slope gradients, etc. and may require certification of any grading related matter. 2.4 Preparation of a sedimentation and erosion control plan for all construction work related to the subject Tract including a method of control to prevent dust and windblown earth problems. 2.5 A precise grading permit shall be issued prior to issuance of any bui 1 ding permi ts wi thin the subject Tract. 2.6 Prior to the issuance of precise grading permits, the Subdivider shall submit a construction traffic routing plan to be reviewed and approved by the Director of Public Works. 2.7 Prior to issuance of precise grading permits, written approval must be obtained from adjacent property owners for rights-of-entry for construction activity across lot lines. Resolution No. 2451 Exhibit A Page five 2.8 A qualified paleontologist/archealogist, as appropriate shall be present during rough grading operations. If resources are found, work shall stop in the affected area and all resources shall be excavated or preserved as deemed appropri ate or as recommended by the paleontologist/archealologist subject to review and approval by the Department of Public-Works and Community Development. All "finds" shall be reported immediately to the Department of Community Development. The paleontologist/archealogist shall attend the pregrade construction meeting to ensure that this condition and necessary procedures in the event of a "find" are explained. 2.9 All earthwork shall be performed in accordance with the City of Tustin Municipal Codes and grading requirements. 2.10 Any grading and/or placement of fill over the Orange County EMA (Flood Control District) easement across lots 69, 70, 71, 72, 73 and 76 will requireeither coordination and/or a permit with/from Orange County EMA. FIRE DEPARTIqE#T 3.1 The subdivider shall comply with all requirements of the Orange County Fire Marshall, including required fire flow, installation where required of fire hydrants subject to approval as to location by the Fire Department, City of Tustin Public Works Department and Irvine Ranch Water District, and compliance with all requirements pertaining to construction. 3.2 Prior to issuance of building permits for combustible construction, evidence that adequate water supply and operational fire hydrants are available for fire protection shall be submitted and approved by the Orange County Fire Marshall. The subdivider shall also submit water improvement plans for approval of Fire Marshal. 3.3 Sign plan shall include "Fire Road - No Parking" signs as shown on Fire Department notes. Resolution No. 2451 Exhibit A Page si x NOXSE 4.! Prior to the tssuance of any buildtng permits, a final acoustical analysts report describing the acoustical destgn features of the structures required to satisfy the exterior and interior noise standards shall be submitted to the Tusttn Community Development Department for approval along with satisfactory evidence which indicates the the sound attenuation measures specified in the approved acoustical report(s) have been incorporated into the design of the project. The acoustical analysis shall be prepared by an expert or authority in the field of acoustics. Prior to issuance of any building permits for any project that falls under the Browning Corridor, a complete noise study shall be conducted and submitted to the City for review. In addition to Community Noise Equivalency Levels (CNEL) said study provide information on single event noise measurments as generated by helicopter flyovers for information purposes only. All residential lots and dwellings shall be sound attenuated against present and projected noises, which shall be the sum of all noise impacting the project, so as not to exceed an exterior standard 65 dba. CNEL in outdoor living areas and an interior standard of 45 dba CN£L in all habitable rooms is required. Evidence prepared under the supervision of an acoustical consultant that these standards will be satisfied in a manner consistent with applicable zoning regulations shal 1 be provided. 4.2 Prior to issuance of any Certificates of Use or Occupancy, field testing in accordance with the Title 25 regulations may be required by the Building Official to verify compliance with STC and IIC design standards. 4.3 All construction operations including engine warm up shall be subject to the provisions of the City of Tusttn Noise Ordinance and shall take place only during the hours of 7:00 a.m. until 6:00 p.m., Monday through Friday unless the Building Official determines that said activity will be in substantial conformance with the Noise Ordinance and the public health and safety will not be impaired subject to application being made at the time the permit for the work is awarded or during progress of the work. Resolut.ion No. 2451 Exht bt t A Page seven CCR' S 5.1 Prior to approval of the final map, all organizational documents for the project including any deed restrictions, covenants, conditions, and restrictions shall be submitted to and approved by the Community Development Department.. Costs for such review shall be borne by the subdivider. A copy of the final documents shall be submitted to the Community Development Department after their recordation. CCR's shall include but not be limited to the following provisions: · A. The City shall be included as a party to the C.C. & R's for enforcement purposes. B. Provision for effective establishment, operation, management use, repair and maintenance of all common areas and facilities including landscaping, common areas, walks and fences through a homeowner's association or equivalent. Membership in said association shall be inseparable from ownership in individual lots. C. Architectural controls which shall include but not be limited to provisions regulating roof materials, exterior finishes, walls, fences, lighting, landscaping, etc. D. Landscaping, including vegetation, irrigation systems, and earth mounding shall be installed on all landscaping lots as provided in the Development Plan and shall be permanently maintained in good, first-class condition; healthy, without deterioration; and free of waste and debris. City shall .have the right to remedy any default and enter property and be reimbursed for the cost of such remedy. Homeowner's Association shall be responsible for maintenance on all landscape/paseo lots, and shall be responsible for maintenance of parkway landscape areas on Street "B" between Park Center Lane and Street "J" and Street "A" between Tusttn Ranch Road and Street "J". E. Declarant, the Association, and all Owner{s) shall be required to maintain the property in good and first-class condition, and in such a manner as to avoid the reasonable determination of a duly authorized official of the City that a public nuisance has been created by the absence of adequate maintenance such as to be detrimental to public health, safety, or general welfare, or that such a condition of deterioration or disrepair causes harm or is materially detrimental to property or improvements within one thousand (1,000) feet of the property. F. Non-automotive vehicles, boats, trailers, or non-automotive storage shall not be allowed in any parking, driveway or private street area. Any vehicle with a width in excess of 84 inches shall not be allowed in any parking, driveway, or private street area except for purpose of loading, unloading, making deliveries or emergency repairs. G. Any construction repair, modification, or alteration of any buildings, equipment, structures, or improvements on the property shall be subject to the approval of the City of Tustin Community Development Department. Resolution No. 2451 Exhtbtt A Page eight H. All utility services serving the slte shall be Installed and maintained underground. I. The declarant, the Association, and all Owner(s) shall be required to ftle the names, addresses, and telephone numbers of each member of the Association Board and/or the Manager for the project before January ].st of each year with the City of Tustln Community Development Department. J. All owners shall be required to provide subsequent prospective owners with disclosure Information related to aircraft noise impacting the subdivision. K. The perlmel:er project block wall to be constructed on private property shall be maintained by a Homeowner's Association. L. No amendments to any C.C. & R's filed in conjunction with this project or development plan shall be recorded without the prior' approval of the City of Tustin Community Development Department. TENAKrlHO#EBUYER NOTIFICATION 6.1 Prior to the issuance of Certificate of Occupancy, the subdivider shall record a document separate from the deed whtch will be an Information notice to future tenants/homebuyers of aircraft noise impacting the subdivision. The notice shall further indicate that addt-tional building upgrades may be necessary for noise attenuation. This determination to be made as architectural drawings become available. 6.2 Prior to issuance of Certificate of Occupancy, the Subdivider shall submit for review and approval of content by the Director of Community Development, a copy of rental/sales literature for the residential project with the approved aircraft/helicopter notse statement and the approved schools notification statement, printed on it. Any changes to the rental/sales literature after tnittal City approval shall be submitted to the Director of Community Development for approval. 6.3 Prior to the issuance of Certificate of Occupancy, the Subdivider shall provide the City with a copy of the approved aircraft/helicopter noise statement which shall contain a disclosure document on aircraft notification. Said document must be signed by each tenant/homeowner prior to occupancy of any unit. The content of the statement shall be approved by the Director of Community Development prior to circulation. 6.4 Prior to the issuance of Certificate of Occupancy, the developer shall provide the City with a schools notification statement which shall be reviewed and approved by the Director of Community Development with participation by the governing school district. Said document must be signed by each tenant/homeowner prior to occupancy of any unit. The schools notification statement shall contain the most current available information on: Resolution No. 2451 Exht bi t A Page nt ne FEES 6.5 6.6 7.! 7.2 7.3 A. The location of existing and proposed elementary, middle and high schools which wtll serve the subdivision (text and map). B. The estimated opening date of proposed schools or any revisions to student capacity In existing schools which would change school attendance assignments. C. The type of provider of transportation available to transport the students to the school sites. O. The estimated length of travel time required to transport the students to a school site outside the boundaries of the project. E. The schools notification statement shall further advise homebuyers that proposed school st tes may never be constructed. Prtor to tssuance of Certificate of Occupancy, the Subdivider shall provide the City with a statement which must be signed by each tenant/homebuyer which shall contatn a comprehensive description of all private and public improvements and developments adjacent or in close proximity to the proposed development. Subdivider shall notify all potential home buyers of the following Assessment/Mai ntenance Dl stri cts: A. The location of existing and proposed elementary, middle and high schools which will serve the subdivision (text and map). B. The estimated opening date of proposed schools or any revisions to Prior to recordation of any Final Map, Subdivider shall pay plan check and inspection fees for all public and/or private infrastructure improvements within City's responsibility excluding those financed by an Assessment District. Prior to issuance of certificates of use or occupancy, the Subdivider shall pay all costs related to the calculation of the revised parcel assessments, the preparation of the revised assessment diagram and other required administrative duties related to any Assessment Districts applicable to the subdivision. (Assessment District 85-1). Prior to issuance of any building permits, payment shall be made of all required fees including: A. Major thoroughfare and bridge fees to Tustin Public Works Department. B. Sanitary sewer connection fee to Orange County Sanitation District. C. Grading planchecks and permit fees to the Community Development Department. D. All applicable Building plancheck and permit fees to the Community Development Department. Resolution No. 2451 Exht bt t A Page ten GENERAL E. New development fees to the Community Development Department. F. SChool facilities fee to the Tusttn Unified $chool District subject to any agreement reached and executed between the District and the [rvtne Company. 8.1 Within twenty four months from Tentative Tract Map approval, the Subdivider shall file with appropriate agencies, a Final Map prepared in accordance with subdivision requirements of the Tustin Municipal Code, the State Subdivision Map Act, and applicable conditions contained herein. 8.2 Prior to occupancy of units, the Subdivider shall record a final map in conformance with appropriate tentative map. ', 8.3 Prior to Final Map approval, subdivider shall submit a current title report. 8.4 Subdivider shall conform to all applicable provisions of 'the City Code. All requirements of the State Subdivision Map Act, the City's Subdivision Ordinance and Zoning Ordinance shall be satisfied. · . 8.5 Subdivider shall submit a duplicate nnylar of the Final Map, or 8 1/2 inch by 11 inch transparency of each map sheet prior to final map approval and "as built" grading, landscape and improvement plans prior to certificate of acceptance. 8.6 Prior to release of building permits all conditions of approval of Design Review 87-33 on the subject project shall be complied with as shown on Exhibit A attached to Resolution No. 2450 and incorporated herein by reference. However, applicant will be permitted to obtain building permits for model home construction prior to approval of a final map provided approvals have been. obtained from the Department of Community Development, Public Works and Fire Department. 8.7 Adherence to all pertinent requirements contained in East Tustin Specifc Plan and Development Agreement, EIR 85-2, and Tract 12763. 8.8 The cumulative number of residential units for which certificate of occupancy may be issued shall not exceed the cumulative total or square feet of occupied revenue generating uses or equi,valents as shown in the East Tustin Specific Plan Development Agreement. Planning Commission DATE: NOVEMBER 9, 1987 SUB,1ECT ' TENTATIVE TRACT MAP NO. 13080 AND DESIGN REVIEW 87-14 APPLICANT' BREN OSGOOD COMPANY LOCATION: LOTS 4, L AND K OF TRACT 12763 REQUEST: 1) AUTHORIZATION TO SUBDIVIDE 14.65 ACRES INTO 100 NUMBERED AND EIGHT (8) LETTEREO LOTS FOR SINGLE FAMILY OEVELOPMENT, 2) APPROVAL OF THE SITE PLAN AND ARCHITECTURAL DESIGN AND AUMINISTRATIVE AOJUSEMENT FOR THE PROPOSEO PROJECT. ZONING: MEDIUM DENSITY RESIDENTIAL ENV I ROI~IENTAL STATUS: THE PROJECT IS COVERED BY A PREVIOUS EIR (85-2) FOR THE EAST TUSTIN SPECIFIC PLAN. NO AODITIONAL OOCUMENTATION IS REQUIREO. RECOI~IENDED ACTION: It is recommended that the Planning Commission take the following actions' Ze Approve Environmental Determination for project by adoption of Resolution No. 2452, as submitted or revised. ® Approve Design Review and Administrative Adjustment No. 87-14 by adoption of Resolution No. 2453, as submitted or revised. e Recommend to City Council approval of Tentative Tract Map 13080 by adoption of Resolution No. 2454, as submitted or r. evised. SIJI~ARY: The applicant proposes to subdivide a 14.65 acre site into 100 numbered and eight (8) lettered lots for the purpose of developing 100 single family detached dwelling units with one (1) private community recreation area. Prior to development as proposed, the Planning ~ommission must approve the Tentative Tract Map and a Design Review of the project pursuant to provisions of the East Tustin Specfic Plan. , Corn munity Development Deparxment ning Commission RePort November 9, 1987 Tentative Tract Map 13080 Page two The project site ts bordered bY Tustin Ranch Road on the east, the E1 Modena Flood Control Channel to the south, and Park Center Lane to the northeast. Planned and anticipated development in the vicintty include a proposed church to the east on Lot 15 (subject to future approval of a Conditional Use Permit) and and two single family detached developments to the northwest and a Community Park and High School site to the northeast. Future multi-family projects are currently under preliminary review for properties to the east of the project area across Tustin Ranch Road. The zoning for the site is Medium Density Residential. However, the Specific Plan requires that the Medium-Low Density Residential development standards be used in the case of single family detached units in the Medium Density Residential Zone. PROJECT DESCRIPTION/SITE PLAN: , ,, Submitted development plans for the project propose construction of 100 two-story single family detached dwelling units on lots an average of 4,360 square feet in size. The project contains three unit types -- 59 three-bedroom units and 41 four-bedroom units. Units will range in size from approximately 1,908 square feet to approximately 2,352 square feet. The proposed project is at a density of 6.57 dwelling units per acre, although the East Tustin Specific Plan authorizes up to 18 units per acre. Minimum 15 foot front yard setbacks are proposed for all structures except a powder room projection on one of the unit styles (see justification on page five of this staff report). The project provides rear yard setbacks of 15-40 feet although the Specific Plan only requires a 10 foot minimum rear yard setback In conjunction with the proposed project, the applicant proposes construction of eight {8) private streets all of which will be built at a private street right-of-way standards with inclusion of five (5) foot wide sidewalks. Access to the existing street system surrounding the project will be provided by one entrance on the west at Park Center Lane appoximately 550 feet north of the southerly border of the project. This entry road ("G" Street) ranges from 60 to 40 feet in right-of-way width. The larger width is provided at the entrance between Park Center Lane and "A" Street for the purposes of facilitating a 20 foot entry drive, an eight foot median and a 22 foot exit with five foot sidewalks on each side. The remainder of "G" Street is 40 feet in width for accommodation of a 30 foot right-of-way and five foot sidewalk on each side. All of "G" Street will be posted as a fire lane, therefore no parking will be allowed along this road. The remaining streets are 46 feet in right-of-way width with 36 feet of street and five foot ewa 1 k s. Community Development Department I I -/Planning Commission RePort November 9, 1987 Tentative Tract Map 13080 · Page three Other features of the project can be summarized as follows' The project proposes a 16 foot wide pedestrian and bicycle paseo lot {Lot "H") at the northeast corner of the project located between Lot 10 and 11 to facilitate direct and hazard free connections to adjacent projects, neighborhood support services and activity nodes as well as providing the required emergency access for the Orange County Fire and Tustin Police Departments. This access point was provided due to the Tract being designed with only one public entrance. Six (6) -five (5) foot wide landscaped lots (Lots A-F) along "G" Street to provide a landscaped corridor from the Tract entrance to the recreation area {Lot G). An eight (8) foot wide landscaped median at the Tract entrance is also provided. -- A .25 acre private community recreation area which includes a pool,. spa and cabana for private use by the Tract residents. -- The project is proposed to be constructed in three (3) phases wi th constuction of 21 units in Phase I, 46 units in Phase II and 33 units in Phase III. Up to a 6'8" split face concrete block wall consistent with the theme wall approved with Tract Map 12763 is proposed to be constructed around the project. Each residential lot within the Tract will be provided with a 6'0" wooden fence around each yard as well as a wrought iron fence surrounding the recreation area as required by the Uniform Building Code. Each lot has been designed to provide one side yard {zero lot line) of ten (10) feet as opposed to two (2) five (5) foot wide side yards therefore, providing greater utility to the homeowners use this side yard area. This concept uses typical lot layouts with property lines setback five feet from each structure, however, the fencing on each property is located so that there is only one ten foot side yard. Access and use easements as well as deed reastrictions are used to facilitate this type of property use. Community Development Department - Planning Commission RePort November 9, 1987 Tentative Tract Hap 13080 Page four ARCHITECTURAL DESTGN: The proposed architectural design for the project will introduce two (2) architectural styles --- a southwest style (stucco Spanish roof tile, round and arched windows), Spanish Monterey style (second story wood balconies, wood roof beams). A third style which includes early California Monterey ranch style (exposed roof beams, window and door wood trim and some wood siding is shown in the plans), however the developer has decided to delete this style of architecture in favor of promoting a spanish influence in the project. Prospective buyers will be able to choose one of the two preferred architectural designs for any one of the unit types. The proposed architecture is consistent with the desired East Tustln Ranch style as well as the other projects tn the area. :ISSUES Parkland Dedication Credit - The developer has proposed a .25 acre recreation - area for use of the residents in the Tract. This area may be given credit under the current Parkland Dedication Ordinance No. 921. This credit is based upon factors such as lot size, pool size and pool deck area. The Community Services Department has reviewed the recreation area and has approved the site for .25 acres of parkland dedication credit in conformance wi th the City's Parkland Dedi cati on 0rdi nance. Opportunity for an Additional Paseo - At southeast corner of project at Bryan Avenue and Tustin Ranch road just north of the Irvine Channel, a storm drain easement is proposed. A minimum six foot dedicated paseo could be coordinated with the easement to provide more direct access to an existing Citywide bicycle trail located along Bryan Avenue, as well as provide access to the future mixed use commercial site. The developer has agreed to provide a 16 foot wide paseo and emergency access at the north eastern corner of the project. This paseo is in accordance with emergency access requirements as well as the objectives of the Specific Plan. However, staff considers an additional paseo to be located at the southeastern portion of the site to be highly desireable given the configuration for the tract and lack of multiple access points. The lot could be easily coordinated with an existing ten foot storm drain easement. Additionally, this paseo lot could be created without deterioration to the adjoining properties {lots 50 and 51) value or utility. Community Development Department Planntng Commission Report . November 9,! 987 Tentative Tract 13080 Page fi ve Structural Setbacks - The developer has proposed three unit types, one of which has a structural p'rojection, for a powder room. This plan (Plan No. 3) in most respects meets the setback requirements of !5 feet except where this powder room projects. The projection occurs on 36 of the 41 lots where the Plan No. 3 is proposed and the projection is approximately 2.5 feet or up to 10~ of the required 15 foot setback. The East Tusttn Specific Plan authorizes the Community Development Department to approve minor adjustments to the development standards contained in the Specific Plan. This procedure is called an Administrative Adjustment (Section 3.13 of the East Tusttn Specific Plan). However, the findings required for this type of adjustment must be based upon the findings typically required for a variance. In this case, the number of occurances (36 locations within the Tract) facilitates staffs referral of this adjustment request to the Planning Commission for consideration. Although the projection occurs in only a portion of the front elevation near the front door as shown below, the structure could either be redesigned to avoid this setback conflict or the structure could be setback art additional 2.5 feet. Staff considers either of these solutions possible, however, the developer wishes to maximize rear yard utility and avoid the cost of redesigning this floor plan. Additionally, the developer has provided for a density which is much lower (6.57 dwelling units per acre) than zoning allows. This type of develoment requires the developer to follow the stri. cter development standards of the Medium-Low Residential District as opposed to the Medium Density Residential District where a minimum 10 foot setback is required. Therefore, other developments in the Medium Density District will enjoy the 10 foot minimum setback privilege. Powder Room Projection Oetatl Community Development Department Planning Commiston RepOrt November 9, 1987 Tentative Tract 13080 Page s~ x "Zero Lot Ltne" Concept - The developer has proposed to use a zero lot ltne type of concept whereby each unit has only one ten ([0) foot side yard as opposed to two, ftve foot side yards. However, the actual property line ts set so that there ts aftve (5) foot setback for the structure on each side. This concept wtll be facilitated by placement of fences to create the desired lot layout and the establishment of easement rights and use agreements which are tied to the deeds of each property. The use of the side yard areas wtll be limited to recreation and landscaping purposes where pools tn-ground spas and structural additions or accessory buildings can not be located. This type of lot configuration is used for two reasons, (1) to avoid the provision of one-hour ftre walls when structures are built upon a property 1Jne, and (2) to increase the utility of the stde yard area. This type of lot desJgn has caused problems between property owners due to 1mproper use of easement rtghts. However, the CC & R's will establish enforcement poltctes as well as use restrictions which the Homeowner's Association and the Ctty can use to handle any future problems. Staff has also studied the use of this concept in other cities. Irvtne and Orange have experienced some problems, however, there are no restrictions to the use of tht s concept as long as the proper CC & R regulations are provided. Sidewalks - The project tncludes use of prtvate streets throughout the project. The majortty of the streets (all except "t~" Street) are 36 feet in width with five foot stdwalks on each stale. There are no parkways provided between the curb and sidewalk, therefore, all street signs, mailboxes or other above ground facilities wtll have to be placed behind the sidewalk on individual lots. Proper easement and access agreements must be provided for placement, maintenance and use of these types of facilities unless a parkway area is provided or the stdewalk is meandered around the facility. These easements can be included in the CC & R document provided by the developer prior to approval of the Final t4ap. Short Driveways - The project Incorporates one unit style, Plan No. 2, which uses a short driveway which averages 6 feet in length. Obviously vehicles will be unable to park in the driveway of these units, however, the following provisions have been incorporated into the plans to avoid future conflict: All Plan No. 2 shall be equipped with garage door openers; All Plan No. 2 lots wtll have a deed restriction attached to the property stating that parking in the drtveway is prohibited. The Homeowner's Association, through provisions in the CC & R's will be able to enforce this requirement and w111 be able to fine and/or tow vehicles in violation. All Plan No. 2 lots are located in areas where on-street parking is available to this unit and neighboring properties as well. Community Development Department Planntng Commission RePort November 9, 1987 - Tentative Tract Map 13080 Page seven School Facilities - As of the transmittal date of this staff report no correspondence has been received from the Tustin Unified School District on Tentative Tract Map 13080. As information becomes available, it will be transmitted to the Commission. While the Commission may recall that school facilities were reserved in conjunction with Tract Map 12763., the School Facilities Agreement between the Irvine Company and the Tustin Unified School District provides that the Irvine Company would not process for approval by the City any final residential builder map until an agreement is reached between Me Company and District providing a funding mechanism for provision of adequate school facilities in East Tustin. Prior to filing of Tentative Tract Map 13080, the City did request information from the District .and Company on the status of School financing. While, no response has been received from the District, correspondence was received from. the Irvine Company on September 21, 1987. ' The Company has prepared a Preliminary School Facilities and Financing Plan for the Tustin Ranch community which was sent to the District on July 13, 1987. In addition, on August 14, 1987, they forwarded to the District a Technical Supplement to the plan which provided a more detailed explanation of the methodology used in the preparation of the Preliminary Financing and F. acility Plan. -. While the Company has reached no conclusions with the District on the plan, staff feels that there, has been a good faith effort by the Company to address the requirements for the East Tustin Plan. In addition, in reviewing the status 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 13080 on School District facilities, and changes in State law, it has been determined that the impacts on School District facilities by approval of Tract Map 13080 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 13080. ENVIROIItENTAL ANALYSTS Based upon review of the subject map as well as Environmental Impact Report 85-2 (as supplemented), it has been determined that environmental issues relating to this project have previously been addressed. Also, appropriate mitigating measures identified in EIR 85-2 are included as conditionS of approval for the project. With this information in mind, it is recommended that the Commission make the finding that requirments of the California Environmental Quality Act have been met and that no further environmental review is required. Community Development Department Planntng commission Report November 9, i987 Tentative Tract 13080 Page eight CONDITIONS OF APPROVAL A list of conditions of approval is included within the attached Resolutions. Outside of-specific issues discussed' in this report, conditions of approval are standard conditions required by either the Specific Plan, other applicable municipal codes, the approved Development Agreement for the project area or requirements of City Departments or outside reviewing agencies. Staff will respond to any questions concerning li sted conditions at the November gth public hearing. CONCLUSXON Given the analysis conducted by staff and cOnsideration of comments from other agencies and the public, it is concluded that the proposed project meets requirements of the East Tustin Specific Plan, the Subdivision Map Act as adopted, and the California Environmental. Quallty Act. It is therefore recommended that the Commission recommend to City Council approval of Tentative Tract Map 13080 and approve Design Review and Administrative Adjustment No. 87-14. Planner LCP'pef -Christine Shingleton- ~_~p Director of Community Deve ment Attachments' Tract Map Site Plan Archi tectural Plans Resolutions 2452, 2453, and 2454 Community Development Department · · ' ull:JglN · /d~eN · uosmm~.l:l ........... ..'E__ :2 ..... " A-11~Y--I 'q'IgNIS NI.i. Snl ISY:I l . ? ~ ......... -- - ........... :¥~¥e¥o 1 · , · ~ .:~ 'l.l !1 ,,, - , ii Jli'i,~}: iii~i i:l .i i , ., , .. ,. .'.... ~ 4~' ::'.,,,.. , , , , , ' ' .: I~i g.~! .~' . . ' '', ii,i: ., . '. . ~,. ~ .. ~.. ._~,.p .: ,.. ' - . , · .'.""" ' ' . . . '. - . .' .../";~ . .: ',.. . . ' '.' .,.' ' . , ? .; ...... . ~,',' . .. ... . . / · · . .. , . . . . . . . ... .. ,. ., : .' . . ~ .. . -. , . , . ...... i,.. . ,. IIIllllllll /llllilll '1 I · · I--I$1~l t I I I m! . . TI I I I I I I I I I '1-1~1 I I I I m~ ii .. .o Illllll~ O..i,..1~_1~1 i I i i ~. I-1~_1~1 I I i I ~ 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 '22 23, 24 25 26 27 28 RESOLUTION NO. 2452 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF TUSTIN, FINDING THAT THE FINAL ENVIRONMENTAL IMPACT REPORT (EIR) FOR THE EAST TUSTIN SPECIFIC PLAN IS ADEQUATE TO SERVE AS THE PROGRAM EIR FOR TENTATIVE TRACT MAP 13080 AND DESIGN REVIEW 87-14 AND ALL FEASIBLE MITIGATION MEASURES HAVE BEEN INCORPORATED AS REQUIRED BY THE.CALIFORNIA ENVIRONMENTAL QUALITY ACT. The Planning Commission of the City of Tustin does hereby resolve as fol lows- I. The Planning Commission finds and determines as follows: A. Tentative Tract Map 13080 and respective development plans are considered "projects" pursuant to the terms of the California Environmental Quality Act; and II. B. The projects are covered by a previously certified final environmental impact report for the East Tustin Specific Plan which serves as a Program EIR for the proposed project. The East Tustin Specific Plan final Environmental ImPact Report previously certified on March 17, 1986 was considered prior to approval of these projects. The Planning Commission hereby finds: this project is within the scope of the East Tustin Specific Plan previously approved; the effect of this project was examined in the Program EIR; and all feasible mitigation measures and.alternatives developed in the Program EIR are incorporated into this project. The Final EIR is therefore determined to be adequate to serve as a Program EIR for this project and satisfies all requirements of CEQA. Applicable mitigation measures identified in the Final EIR have been incorporated into this project which mitigates any potential significant environmental effects thereof. The mitigation measures are identified as Conditions on Exhibit A of Resolution No. 2453 approving Design Review 87-14 and Exhibit A of Resolution No. 2454 recommending approval of Tentative Tract Map 13080. PASSED AND ADOPTED by the Planning Commission of the City of Tustin at a regular meeting held on the .i day of , lg8._. KATHY WEIL, Chairman PENNI FOLEY, Secretary 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 RESOLUTION NO. 2453 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF TUSTIN, CONDITIONALLY APPROVING THE DESIGN REVIEW AND ADMINISTRATIVE ADJUSTMENT {DESIGN REVIEW 87-14) FOR A PROJECT WITH 100 DETACHED SINGLE FAMILY DWELLINGS ON 14.65 ACRES ON LOT 4 OF TRACT 12763 The Planning Commission of the City of Tustin does hereby resolve as follows: I. The Planning Commission finds and determines as follows: A. A proper application, Design Review and Administrative Adjustment No. 87-14, was fi led by Bren Osgood Company, requesting approval of a 100 detached single family dwelling untt project. B. A public hearing was duly called, noticed and held on said application on November g, 1987. C. Pursuant to Section 9272 of the Tusttn Municipal Code, the Commission finds that the location, size, architectural features and general appearance of the proposed development will not impair the orderly and harmonious development of the area, the present or future development therein, or the occupancy as a whole. In making such findings, the Commission has considered at least the following items: 1. Height, bulk and area of buildings. 2. Setbacks and site planning. 3. Exterior materials and colors. 4. Type and pitch of roofs. 5. Size and spacing of windows, doors and other openings. 6. Towers, chimneys, roof structures, flagpoles, radio and television antennae. 7. Landscaping, parking area design and traffic circulation. 8. Location, height and standards of exterior illumination. 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 2O 21 22 23 24 25 26 27 28 Resolution No. 2453 Page two D® ge Locatton and appearance of equipment located outside of an enclosed structure. [0. Locatton and method of refuse storage. 11. Phystcal relatlonshlp of proposed structures to extsting structures In the neighborhood. 12. Appearance and destgn relationship of proposed structures to extstlng structures and posstble future structures tn the neighborhood and publ 1c thoroughfares. 13. Proposed signing. 14. Development Guidelines and crtterta as adopted by the City Counct 1. Pursuant to Section 3.13 of the East'Tustin Specific Plan, the Comtssion approves an Administrative Adjustment of 2.5 feet of the required 15 foot front setback on 36 of'the 41 lots provided with Plan Style No. 3, based upon the following findings: 1. The use is in conformance with the Tusttn Area General Plan; 2. The granting of an Administrative Adjustment as herein provided will not be contrary to the intent of the Zoning Ordinance, the East Tustin Specific Plan or the public safety, health and welfare. 3. The granting of an Administrative Adjustment as herein provided will not constitute a grant of special privilege inconsistent with the limitations upon other properties in the vicinity and district in which the subject property i s s i tuated. 4. The Medium Density Residential District of the East Tustin Specific Plan authorizes a minimum 10 foot front yard set back. However, the Medium-Low Residential District development standards are applied in this case due to the developers provision of single family detached units in accordance with Section 3.6.3 (A2-4) of the East Tustin Specific Plan thereby creating a special circumstance applicable to the subject property and a strict application of the Specific Plan requirements is found to deprive subject property of privileges enjoyed by other properties t n the vi ci ni ty and under the i denti ca 1 zone classification. - 1 2 3 4 5 6 7 8 9 10 11 12, 13 14 15 16 17 18 19 20 21 22 23 24 25 _ 26 Resolution No. 2453 Page three II. The Planning Commission conditionally approves Destgn Revtew and Administrative Adjustment No. 87-14 authorizing construction of a project wtth 100 stngle faintly detached d~el.ltng units subject to the conditions attached hereto as Exhibtt A. PASSED AND ADOPTED at a regu]ar meeting of the Tusttn Planning Commission, held on the day of , 198 ,® KATHY WEIL, Chatrman PENNI FOLEY, Secretary EXHIBZT A DESIGN REVIEW AND ADMINISTRATIVE ADJUSTMENT N0.87-14 CONDITZON$ OF APPROVAL RESOLUTION NO. 2453 NOVEMBER 9, 1987 GENERAL 1.1 The proposed project shall substantially conform with the submitted site plan for the project date stamped November 9, 1987 on ftle with the CommunJty Development Department, as heretn modified, or as modified by the Director of Community Development Department in accordance with this exhibit. 1.2 Unless otherwise specified, the conditions contained in this exhibit shall be complied with prior to the issuance of any building permit for the project, subject to review and approval by the Community Development Department. 1.3 Design review approval shall be become null and. void unless building permits are issued within eighteen (18) months of the date on this Exhibit. 1.4 At building plan check, construction plans, structural calculations, and title 24 energy calculations shall be submitted. Requirements of the Uniform Building Codes, State Handicap and Energy Requirements shall be complied with as approved by the Building Official. 1.5 At building plan check, provide preliminary 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. 1.6 At building plan check submittal of 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. 1.7 Submittal of a precise soils engineering report provided by a soils engineer within the previous twelve (12) months. 1.8 Applicants shall satisfy all Public Works Department requirements including but not limited to all conditions contained in Resolution No. 2454. 1.9 Applicant shall comply 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 wi th all requirements pertaining to construction. 1.10 Submittal of a detailed acoustical noise study prepared by a qualified acoustical expert shall be subject to review and approval by the Community Development Department to insure that interior noise levels do not exceed a maximum of 45dBa's. Exhlbtt A Resolution No. 2453 Page two 1.11 Consideration shall be given to rough plumbing to retain future solar heating options. Copper shall be installed from hot water closet in attic and hot water closet increased in size to accommodate a solar water heater and addition of a 110v electrical outlet. 1.12 Modifications to locations on specific unit types shall be permitted subject to approval of Department of Community Development provided that said unit relocation complies with all Specific Plan development standards. 1.13 Applicant will be permitted to obtain building permits for model unit construction prior to approval of Final Map 13080 provided all building code requirements have been met including Public Works, Fire Department' and Community Development Department requirements and approvals. 1.14 An additional 6 foot wide pedestrian/bicycle paseo lot shall be provided between lots 50 and 51 to facilitate direct and hazard free connections within the project to adjacent projects, neighborhood support services, activity' nodes and Citywtde bicycle trails. 1.15 All plan 2 garages shall be equipped with automatic garage door openers. SITE AND BUZLDING CONDITTONS 2.1 All exterior colors to be used shall be subject to review and approval of the Director of the Community Development Department. All exterior treatments must be coordinated with regard to color, materials and detailing and noted on submitted construction plans and elevations shall indicate all colors and materials to be used. 2.2 A six foot high chain linked fence shall be installed around the site prior to building construction stages. Gated entrances shall be permitted along the perimeter of the site for construction vehicles. 2.3 No rooftop mechanical or electrical fixtures and equipment shall be provided. All telephone and electrical boxes must be indicated on the building plans and shall be completely screened. Electrical transformers, where provided and wherever possible shall be located toward the interior of the project maintaining a sufficient distance from the frontage of the project. 2.4 Submit detail for all on-site subdivision walls to be constructed by developer including a common .property walls on individual lots. Show type of wall cap and type of color, exterior materials which should be consistent with wall concepts approved for Tract 12763 and decorative treatment of all exposed walls. Design of common property walls/fences shall be subject to final approval of the Community Development Department and should be consistent with main building treatments. A protective rail or guard must be installed on top of retaining walls where there is more than a thirty (30) inch drop. Check the building code and provide details for such treatment. All walls shall be contained within boundaries of individual lots. Exhibit A Resolution No. 2453 Page three 2.5 Provide security lighting and turf block paving in conformance with Orange County Fire Department requirements along bicycle and pedestrian paseo (Lot H) which shall be decorative and consistent wi th the architectural style of the project. 2.6 The style of Individual mail boxes shall be subject to approval of the Director of Community Development prior to installation and should be decorative and consistent with architectural style of project. Indicate on si. re plan and improvement plans the proposed location of all structures and provide construction level footing and attachment details. 2.7 Provide final master sign plan for project to include' a) project identification; b) on-site address signs. Provide generalized location, sizes, design and colors subject to review and approval of Tustin Police Department, Orange County Fire Department and Community Development Department. LANDSCAPING, GROUNDS AND HARDSCAPE ELBqENTS 3.1 Landscaping plans for landscaping on lots "A" through "H" and any treatments on the additional paseo lots shall address the control of fertilizers, pesti ci des, and irri gati on water runoff. 3.2 Future formal submittals shall substantially conform to the submitted landscaping concept plan on file with the Department of Community Development, for Tract Map 12763 as herein and modified or as modified by the Director of Community Development pursuant to the City' s Design Review procedures. 3.3 At plan check stages a completely detailed landscape and irrigation plan must be submitted for landscaping on Lots "A" through "H" and any treatments on the additional paseo lots with whatever scale necessary to depict adequately what is occurring. Provide summary table applying indexing identification to plant materials in their actual location. The plan and table must list botanttcal and common names, sizes, spacing, actual location and quantity of the plant materials proposed. Show planting and berming details, soil preparation, 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 must be provided. 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 materials or request additional sizing or quanity materials during plan check. Note on landscaping plan that coverage of landscaping irrigation materials is subject to field inspection at project completion by the Department of Community Development. Exhi bt t A Resolution No. 2453 Page four 3.4 The submitted landscaping plans at plan check must reflect the following requirements for areas included tn master landscape plan for Tract 12763: a) Turf ts unacceptable for grades over 25~ a combination of planting materials must be used, ground cover on large areas alone ts not acceptable. b) Provide a minimum of one 15 gallon size tree for every 30 feet of property line on the tract perimeter and five-5 gallon shrubs. 3.5 All newly planted trees shall be staked according to CJty standards. 3.6 Shrubs shall be a mtntmum of 5 gallon size and shall be spaced a mintmum of 8 feet on center when tntended as screen planning. 3.7 Ground cover shall be planted between 8 to 12 Inches on center. 3.8 When ! gallon plant sizes are used the spacing may vary according to materials used. 3.9 Up along fences and or walls and equipment areas provide landscaping screening with shrubs, and or vines and trees on plan check drawings. 3.10 All plant materials shall be installed in a healthy vigorous condition typical to the species. 3.11 Landscaping must be maintained in a neat and healthy condition, this will include but not be limited to triming, mowing, weeding, removal of litter, fertilizing, regular watering, or replacement of disease or dead plants. 3.12 In irrigation areas controller to be enclosed in lockable housing. Design irrigation systems to provide sufficient coverage as well as avoiding water overspray on buildings and sidewalks. Note of this requirement to be on plan check drawings. 3.13 Project perimeter block wall shall be constructed on 'private property and shall be maintained by established Homeowner's Association. 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 RESOLUTION NO~ 2454 A RESOLUTION OF' THE PLANNING COMMISSION OF THE CITY OF TUSTIN RECOMMENDING TO THE TUSTIN CITY COUNCIL APPROVAL OF TENTATIVE TRACT MAP NO. 13080 The Planning Commission of the City of Tustin does hereby resolve as follows' I® The Planning CommisSion finds and determines as follows' A. That Tentative Tract Map No. 13080 was submitted to the Planning Commission by Bren Osgood Company, for consideration. B. That a public hearing was duly called, noticed and held for said map. C. That an Environmental Impact Report (EIR 85-2 for the East Tustin Specific Plan) has been certified in conformance with the requirements of California Environmental Quality Act for the subject project area. D. That the proposed subdivision is in conformance with the Tustin Area General Plan, adopted East Tustin Specific Plan, Development Agreement and Subdivision Map Act as it pertains to the development of single family dwellings. Ee Parkland required of this project was previously dedicated with recordation of Tract 12763. Additionally, .25 acres of parkland credit is granted for the provision of a fully improved recreation area on Lot G in Tract 13080. F. That the City has reviewed the status 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 13080 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 13080. G. That the site is physically suitable for the type of development proposed. H. That the site is physically suitable for the proposed density of development. Resolution No. 2454 Page two 3 4 5 6 7 8 9 10 I. That the design of the subdivision or the proposed improvements are not likely to cause substantial envtronmenta] damage or substantially and avoidably tnjure fish or wildlife in their habt tat. J. That the design of the subdivision or the type of improvements proposed wtll not confltct with easements acquired by the public-at-large, for access through or use of the property wi thtn the proposed subdt vi ston. Ke That the design of the subdivision or the types of Improvements proposed are not likely to cause serious public health problems. 11 12 13 14 15 16 17 18 19 2O 21 22 23 24 25 26 27 28 II. The Planning Commission hereby recommends to the City Council approval of Tentative Tract Map No. 13080 subject to the conditions attached hereto as Exhibit A. PASSED AND ADOPTED at a regular meeting of the Tustin Planning Commission, held on the day of , 1987. Kathy Wei 1, Chai rma n Penni Foley, Secretary - Resolution 2454 EXHZBZT A NOVEMBER 9, 1987 CONDZTZONS OF APPROVAL FOR TENTATTYE TRACT MAP 13080 PUBLXC/PR[VATE [IIFRASTRUCTURE IMPROVEMENTS 1.1 Prior to recordation of Final Map, the Subdivider shall prepare plans for and construct or post security guaranteeing construction of all public and/or private, infrastructure improvements within the boundary of said tract map in conformance with applicable City standards, including but not limited to the following: A. Curb and gutter/cross gutters B. Sidewalks including access facilities for physically handicapped persons C. Drive aprons/approach O. Street paving E. Street Signing and painting F. Landscaping/irrigation facilities G. Sanitary sewer service facilities H. Domestic water service facilities I. Reclaimed water service facilities O. Utility connections (i.e. gas, electric, telephone, and cable T.V. facilities) K. Traffic signal systems and other traffic control devices L. Street and paseo lighting M. Storm drains and subdrains N. Undergrounding of existing and proposed utility distribution lines O. Lot monumentation P. Fi re hydrants The amount of acceptable security for construction of public improvements shall be reviewed and approved by the Public Works Department. The amount and acceptable security for private improvements shall be reviewed and approved by the Building Official. 1.2 All construction within a public right-of-way and/or public easement must be shown on a separate 24" X 36" plan with all construction referenced to applicable City, County, Irvine Ranch Water District standard drawing numbers. 1.3 All changes in existing curbs, gutters, sidewalks and other public i nq~rovements shal 1 be responsi bi 1 i ty of subdi vi der. 1.4 Placement of all above ground facilities, such as signing, street lights, fire hydrants and mail boxes shall be behind the sidewalk when said sidewalks are constructed adjacent to the curb within the public right-of-way. Should the developer wish to place any above ground facilities at the curb, the sidewalk shall be meandered around the facility. Resolution No. 2454 Exhlbtt A Page two 1.5 Preparation of plans for and construction of all sanitary sewer facilities must be submitted as required by the City Engineer and local sewering agency. These facilities shall include a gravity flow system per standards of the Irvtne Ranch Water District. 1.6 Preparation of plans for and construction of a domestic water system to the standards of the Irvtne Ranch Water District/City of Tustin Water Service, whichever is applicable at the time of plan preparation is required. Improvement plans shall also be reviewed and approved by the Orange County Fire Department for fire protection purposes. The adequacy and reliability of water system design and the distribution of fi re hydrants will be evaluated. The water distribution system and appurtenances shall also conform to the applicable laws and adopted regulations enforced by the Orange County Health Department. Any required reclaimed water systems shall be to the standards as required by the Irvtne Ranch Water District. 1.7 In tract storm drain design for sump conditions to be of a 100 year design. The storm drain easement through Lots 50, 51, 88, 89, 92 and 93 shall be a minimum width as required by Orange County EMA standards. 1.8 Proposed streets shall be designed to the following specifications: A. Streets "A" through "F" and "H" shall be 46 feet in right-of-way width. (36 foot street with five foot sidewalks). B. "G" Street shall be 60 feet in right-of-way width between Park Center Lane and "A" Street (20 foot entrance, 8 foot median, 22 foot exit and 5 foot sidewalks). "G" Street shall be 40 feet in right-of-way width between. "A" Street and "C" Street (30 foot right-of-way with 5 foot sidewalks). C. All proposed streets shall be designed in substantially the same alignment as shown on the approved Tentative Tract Map unless modified and approved by the Director of Community Development and Public Works. D. All streets shall be constructed in accordance wi th City requirements in terms of type and quality of materials used. 1.9 'The subdivider shall satisfy dedication and/or reservation requirements as applicable, including, but not limited to the following: A. Dedication of all required street and flood control right-of-way, vehicular access rights, sewer easements and water easements defined and approved as to specific location by the City Engineer and other responsible agencies. As well as a perpetual easement agreement for storm waters as accepted from the public right-of-way. Resolution No. 2454 £xhlbt t A Page three 1.10 Prior to recordation of the Final Map, subdivider shall post with the Community Oevelopment Oepartment a minimum $2,500 cash deposit or letter o.f credit to guarantee the sweeping of streets and cleanup of streets affected by construction activities. In the event this deposit is depleted prior to completion of development or City acceptance of public streets, an additional incremental deposit wtll be required. 1.11 Any damage done to extsttng street improvements and utilities shall be repatred before acceptance of the tract and/or tssuance of a Certificate of Occupancy for development on any parcel wtthtn the subdlvislon. 1.12 The developer shall provide obligation for 25~ share of total traffic signal installation at Bryan Avenue at Park Center Lane. A cash deposit will be required for a five (5) year period after map recordation with a return clause if funds are not utilized. 1.13 Prior to any work in the public right-of-way, an Excavation Permit must be obtained (and applicable fees paid) from the Public Work's Department. 1.14 An additional minimum six (6) foot wide bicycle/pedestrian circulation paseo lot shall be provided between lots 50 and 51 to facilitate access to adjacent projects, neighborhood support services and activity nodes and Citywide bicycle trails. 1.15 Lots lettered "A" through "H" and the additional paseo lot created pursuant to condition 1.14 to be the responsibility of adjoining property owner within the proposed subdivision and/or future Homeowners Association. 1.16 Where sidewalk is constructed adjacent to curb, each residential lot shall have planted and permanently maintained, in the front yard, on private property, at least one (1) fifteen gallon tree. Types of trees to be reviewed and approved by the Director of Community Development. 1.17 Street names shall be approved by the Community Development Department prior to approval and recordation of the Final Map. - Resolution No. 2454 Exhi bi t A Page four GRADING/DRAINAGE 2.1 Preparation and submittal of final grading plans delineating the following is required prior to approval of Final Map. A. Final street elevations at key locations. B. Final pad/finish floor elevations and key elevations for all site grading. All final pad elevations to be a minimum of 1.0 feet above the base flood elevation as defined by FEMA. C. All flood hazard areas of record must be shown. 2.2 Prior to issuance of precise grading permits, a detailed soil engineering report shall be submitted to and approved by the Building Official conforming to the requirements of the Uniform Building Code and City Grading Requirements. 2.3 Prior to issuance of grading permits, preparation and submittal of a grading plan subject to approval of the Department of Community Development delineating the following information: A. Methods of drainage in accordance with all applicable City standards. B. All recommendations submitted by geotechnical or soil engineer which i s specifically approved by them. C. Compliance with conceptual grading shown on Tentative Tract Map. D. A drainage plan and necessary support documents to comply with the following requirements: 1) Provision of drainage facilities to remove any flood hazard to the satisfaction of the City Engineer which will allow building pads to be safe from inundation from rain fall which may be expected from all storms up to and including the theoretical 100 year storm and dedication of any necessary easements on the Final Map as required. 2) Elimination of any sheet flow and ponding. 3) Provision of drainage facilities to protect the lots from any high velocity scouring action. 4) Provision for contributory drainage from adjoining properties. E. All flood hazard areas of record. F. A note shall be placed on the grading plan requiring Community Development Department approval of rough grading prior to final clearance for foundations. The Department will inspect the site for accuracy of elevations, slope gradients, etc. and may require certification of any grading related matter. Resolution No. 2454 Exht bi t A Page ftve 2.4 Preparation of a sedimentation and erosion control plan for all construction work related to the subject Tract including a method of control to prevent dust and windblown earth problems. 2.5 A prectse grading permtt shall be Issued prior to issuance of any butldtng permtts wtthtn the subject Tract. 2.6 Prior to the issuance of precise grading permits, the Subdivider shal 1 submit a construction traffic routing plan to be reviewed and approved by the Director of Public Works. 2.7 Prior to issuance of precise grading permits, written approval must be obtained from adjacent property owners for any necessary rights-of-entry for construction activity across lot lines. 2.8 A qualified paleontologist/archealogist, as appropriate shall be present during rough grading operations. If resources are found, work shall stop in the affected area and all resources shall be excavated or preserved as deemed appropri ate or as recommended by the paleontologist/archealologist subject to review and approval by the Department of Public Works and Community Development. All "finds" shall be reported immediately to the Department of Community Development. The paleontologist/archealogist shall attend the pregrade construction meeting to ensure that this condition and necessary procedures in the event of a "find" are explained. 2.9 All earthwork shall be performed in accordance with the City of Tustin Municipal Codes and grading requirements. Resolution No. 2454 £xhl bi t A Page six FXRE DEPARTMENT IIOISE 3.1 The subdivider shall comply with all requirements of the Orange County Fire Marshall, including required fire flow, installation where required of fire hydrants subject to approval as to location by the Fi re Department, City of Tustin Public Works Department and Irvine Ranch Water District, and compliance with all requirements pertaining to constructi on. 3.2 Prior to issuance of building permits for combustible construction, evidence that adequate water supply and operational fire hydrants are available for fire protection shall be submitted and approved by the Orange County Fire Marshall. The subdivider shall also submit water improvement plans for approval of the Fire Marshal. 3.3 The following streets or portions thereof shall be posted "No Parking- Fire Lane" in accordance with all applicable Orange County Fire Department requi rments: , A. All of "G" Street; B. The south side corner of "C" and "D" Streets; C. The interior Tract entrance to Lot "H" along "A" Street as well as any other interior paseo entrances. 3.4 All required Orange County Fire Department signs shall be posted and designed in accordance with the Orange County Fire Department requirements. 4.1 Prior to the issuance of any building permits, a final acoustical analysis report describing the acoustical design features of the structures required to sa tisfy the exterior and interior noise standards shall be submitted to the Tustin Community Development Department for approval along with satisfactory evidence which indicates that the sound attenuation measures specified in the approved acoustical report(s) have been incorporated into the design of the project. The acoustical analysis shall be prepared by an expert or authority in the field of acoustics. Resolution No. 2454 Exht bi t A Page seven CCR' S Prior to issuance of any building permits for any project that falls under the Browning Corridor, a complete noise study shall be conducted and submitted to the City for review. In addition to Community Noise Equivalency Levels (CNEL) said study provide information on single event noise measurments as generated by helicopter flyovers for information purposes only. All residential lots and dwellings shall be sound attenuated against present and projected noises, which shall be the sum of all noise impacting the project, so as not to exceed an exterior standard 65 dBa CNEL in outdoor living areas, and an interior standard of 45 dBa CNEL in all habitable rooms. Evidence prepared under the supervision of an acoustical consultant that these standards will be satisfied in a manner consistent with applicable zoning regulations shall be provided. 4.2 Prior to issuance of any Certificates of Use or Occupancy, field testing in accordance with the Title 25 regulations may be required by the Building Official to verify compliance with STC and IIC design standards. 4.3 All construction operations including engine warm up shall be subject to the provisions of the City of Tustin Noise Ordinance and shall take place only during the hours of 7:00 a.m. until 6:00 p.m., Monday through Friday unless the Building Official determines that said activity will be in substantial conformance with the Noise Ordinance and the public health and safety will not be impaired subject to application being made at the time the permit for the work is awarded or during progress of the work. 5.1 Prior to approval of the Final Map, all organizational documents for the project including any deed restrictions, covenants, conditions, and restrictions CC & R's shall be submitted to and approved by the Community Development Department. Costs for such review shall be borne by the subdivider. A copy of the final documents shall be submitted to the Community Development Department after their recordation. CCR's shall include but not be limited to the following provisions: A. The City shall be included as a party to the C.C. & R's for enforcement purposes. B. Provision for effective establishment, operation, management use, repair and maintenance of all common areas and facilities including landscaping, common areas, walks and fences through a homeowner's association or equivalent. Membership in said association shall be inseparable from ownership in individual lots. C. Architectural controls which shall 'include but not be limited to ResolutJon No. 2454 Exhtbtt A Page eight provisions regulating roof materials, exterior finishes, walls, fences, lighting, landscaping, etc. D. Landscaping, including vegetation, Irrigation systems, and earth mounding shall be Installed on all landscaping lots as provided tn the Development Plan and shall be permanently maintained in good, first-class condition; healthy, without deterioration; and free of waste and debris. City shall have the right to remedy any default and enter property and be reimbursed for the cost of such remedy. E. Declarant, the Association, and all Owner(s) shall be required to matnta~n the property tn good and f~rst-class condition, and tn such a manner as to avoid the reasonable determination of a duly authorized official of the City that a public nuisance has been created by the absence of adequate maintenance such as to be detrimental to public health, safety, or general welfare, or that such a condition of deterioration or disrepair causes harm or is materially detrimental to property or Improvements wtthtn one thousand (1,000) feet of the property. F. Non-automotive vehicles, boats, trailers, or non-automotive storage shall not be allowed in any parking, driveway or private street area. Any vehtcle with a width tn excess of 84 inches shall not be allowed ~n any parking, driveway, or prtvate street area except for purpose of loadtng, unloading, making deliveries or emergency repairs. G. Any construction repair, modificat~on, or alteration of any buildings, equipment, structures, or improvements on the property shall be subject to the approval of the City of Tusttn Community Development Department. H. All uttltty services servtng the site shall be installed and maintained underground. 1:. The declarant, the Association, and all Owner(s) shall be required to file the names, addresses, and telephone numbers of each member of the Association Board and/or the Manager for the project before January 1st of each year with the City of Tusttn Community Oevelopment Department. J. All owners shall be required to provide subsequent prospective owners wtth disclosure information related to aircraft notse tmpactJng the subdivision. K. No amendments to any C.C. & R's f~led in conjunction with this project or development plan shall be recorded without the prior approval of the City of TustJn Community Development Department. L. Access and limtts to use of all side yard areas shall be limited to landscaping and recreation use only, no structures under or above ground shall be erected over property lines. Th~s provision shall be enforceable by the Homeowner's Association. M. All Plan 2 lots shall have a separate deed restriction and a CC&R provision stating that parking of vehicles in the driveway is strtctly prohibited and subject to towing and tssuance of fines by the Homeowner's Association and the City of Tust~n Police - Resolution No. 2454 Exhibit A Page nl ne Department. Plan 2 units shall also be equipped with and maintained with automatic garage door openers. N. Provision for landscaped maintenance and ownership of Lot L and K, Tract No. 12763 along Park Center Lane and all lettered .lots of Tract 13080 to be the responsibility of the adjoining property owners and/or Homeowner's Association. 0. Project perimeter block wall to be constructed on private property shall be maintained by the future Homeowner's Association. TENANT/HOMEBUYER NOTIFICATION 6.1 Prior to the issuance of Certificate of Occupancy, the subdivider shal 1 record a document separate from the deed which will be an information notice to future tenants/homebuyers of aircraft noise impacting the subdivision. The notice shall further indicate that additional building upgrades may be necessary for noise attenuation. This determination to be made as architectural drawings become available. 6.2 Prior to issuance of Certificate of Occupancy, the Subdivider shall submit for review and approval of content by the Director of .Community Development, a copy of rental/sales literature for the residential project with the approved aircraft/helicopter noise statement and the approved schools notification statement, printed on it. Any changes to the rental/sales literature after initial City approval shall be submitted to the Director of Community Development for approval. 6.3 Prior to the issuance of Certificate of Occupancy, the Subdivider shall provide the City with a copy of the approved aircraft/helicopter noise statement which shall contain a disclosure document on aircraft notification. Said document must be signed by each tenant/homeowner prior to occupancy of any unit. The content of the statement shall be approved by the Director of Community Development prior to circulation. 6.4 Prior to the issuance of Certificate of Occupancy, the developer shall provide the City with a schools notification statement which shall be reviewed and approved by the Director of Community Development with participation by the governing school district. Said document must be signed by each tenant/homeowner prior to occupancy of any unit. The schools notification statement shall contain the most current available information on: A. The location of existing and proposed elementary, middle and high schools which will serve the subdivision (text and map). B. The estimated opening date of proposed schools or any revisions to student capacity in existing schools which would change school attendance assignments. C. The type of provider of transportation available to transport the students to the school sites. - Resolution No. 2454 Exhl bi t A Page ten FEES D. The estimated length of travel time required to transport the students to a school site outside the boundaries of the project. £. The schools notification statement shall further advise homebuyers that proposed school sites may never be constructed. 6.5 Prior to issuance of Certificate of Occupancy, the Subdivider shall provide the City with a statement which must be signed by each tenant/homebuyer which shall contain a comprehensive description of all private and public improvements and developments adjacent or in close proximity to the proposed development. 6.6 Subdivider shall notify all potential home buyers of the following Assessment/Mai ntenance Di stri cts' A. Assessment District 85-1 B. City of Tusttn 1982 Landscape and Lighting District 7.1 Prior to recordation of any Final Map, Subdivider shall pay Plan check and inspection fees for all public and/or private infrastructure improvements within City's responsibility excluding those financed by an Assessment District. 7.2 Prior to issuance of certificates of use or occupancy, the Subdivider shall pay all costs related to the calculation of the revised parcel assessments, the preparation of the revised assessment diagram and other required administrative duties related to any Assessment Districts applicable to the subdivision. {Assessment District 85-1). 7.3 Prior to issuance of any building permits, payment shall be made of all required fees including: A. Major thoroughfare and bridge fees to Tustin Public Works Department. B. Sanitary sewer connection fee to Orange County Sanitation District. C. Grading planchecks and permit fees to the Community Development Department. D. All applicable Building plancheck and permit fees to the Community Development Department. E. New development fees to the Community Development Department. F. School facilities fee to the Tustin Unified School District subject to any agreement reached and executed between the District and the Irvine Company. Resolution No. 2454 Exhi bi t A Page eleven GENERAL 8.1 Within twenty four months from Tentative Tract Map approval, the Subdivider shall file with appropriate agencies, a Final Map prepared in accordance with subdivision requirements of the Tustin Municipal Code, the State Subdivision Map Act, and applicable conditions contained herein. 8.2 Prior to occupancy of units, the Subdivider shall record a Final Map in conformance with appropriate Tentative Tract Map. 8.3 Prior to Final Map approval, subdivider shall submit a current title report. 8.4 Subdivider shall conform to all applicable provisions of the City Code. All requirements of the State Subdivision Map Act, the City's Subdivision Ordinance and Zoning Ordinance shall be satisfied. 8.5 Subdivider shall submit a duplicate nnylar of the Final Map, or 8 1/2 inch by 11 inch transparency of each map sheet prior to 'Final Map approval and "as built" grading, landscape and improvement plans prior to certificate of acceptance. 8.6 Prior to release of building permits all conditions of approval of Design Review 87-14 on the subject project shall be complied with as shown on Exhibit A attached to Resolution No. 2453 and incorporated herein by reference. However, applicant will be permitted to obtain building permits for model home construction prior to approval of a Final Map provided approvals have been obtained from the Department of Community Development, Public Works and Fire Department. 8.7 Adherence to all pertinent requirements contained in East Tustin Specifc Plan and Development Agreement, EIR 85-2, and Tract 12763. 8.8 The cumulative number of residential units for which certificate of occupancy may be issued shall not exceed the cumulative total or square feet of occupied revenue generating uses or equivalents as shown in the East Tustin Specific Plan Development Agreement. 8.9 All walls/landscaping adjacent to Lots 1, 2, 99 and 100 along Park Center Lane shall be so designed to provide adequate site distance for vehicles exiting the tract via Street G. 8.10 Any grading and/or placement of fences over the Orange County EMA (Flood Control District) easement across Lots 92 and 93 will require coordination and/or a permit from the EMA. Report to the Planning Commission ITEM NO. 8 DATE: NOVEHBER 9, 1987 SUBdECT: HOURS OF OPERATION FOR RESTAURANT TENANTS IN THE TUSTIN PAVILLION CAFE LOCATZON: 17245 E. SEVENTEENTH STREET AT CARROLL WAY RECOI~IENDED ACTION: It is recommended that the Planning Commission approve the hours of operation for Tony Roma's Restaurant and Shelley's Seafood and Oyster Bar by Minute Order. BACKGROUND AND SUI~ARY: On September 22, 1986, the Tustin Planning Commission approved Use Permits 86-28 and 86-29 which authorized the sale of general liquor for on-site consumption in conjunction with two separate restaurant uses. At the time these applications were processed, the applicant Mr. Barry Watk'ins was not sure of the final tenants and their hours of operation. The Planning Commission approved these Use Permits with a condition requiring the applicant to obtain Commission approval of the hours of operation once the tenants were identified. The building is proposed to contain three separate restaurants inside one building. ANALYSIS: In consideration of the request for hours of operation, staff has reviewed the site location to determine if the hours will impact any neighboring residential areas. The location for these restaurants is at the northeast corner of Carroll Way and Seventeenth Street in a Commercial General Zoning District. The restaurant building is within a retail shopping center called the French Quarter, which is surrounded by retail commercial uses on the west, east and south and a single family residential project to the north. However, this residential area faces away from the shopping center and the restaurants are separated by retail shops, parking and Medford Avenue. Community Development Department Planning Commission Report November 9, 1987 Hours of Opera ti on Page two At the request of the applicants, the restaurant hOurs of operation are proposed as fo!lows: Tony Romas 7:00 a.m. to 12:00 midnight Shelley's Seafood 7:00 a.m. to 11:00 p.m. These hours are stmtlar to the request of Uno Mas whtch has proposed to operate from the hours of 11:00 a.m. to 2:00 a.m. In all three cases, the restaurants shall be serving food items whtle the bar rematns open as required in the conditions of approval for all Use Permits. Additionally, the State Department of Alcoholic Beverage Control has revtewed the Tony Roma's and Shelley's license applications and have approved licenses for operation of Type 47 on-site sales of general liquor for both uses. COBCLUS[OII: Staff has reviewed the request for conformance with the a]coholic 'beverage guidelines, the previously approved Use Permits and the Zoning Code. The proposed uses are authorized in the Zoning District and authorization for alcoholic beverage sales was previously granted, therefore, staff recommends approval of the hours of operation as requested. LCP:pef Attachments: -~hri sttne Sbt ngleto)f/ Director of Commun~'l~y Development Use Permit 87-28 and 87-29 Staff reports and resolusions Community Development Department ! pl nnin Commission DATE: SEPTElelER 22, 1986 SUBdECT: USE I~RPlI~ NO. 86-28 AND 86-29 APPLICANT: BARRY klATKINS 17251 E. 17~h STREET TUSTIN, CA 9268O PROPERTY OiJNER: GEORGE BROOHELL TUSTIN, ~ 92680 LOCATION: 17246 E. 17th STREET ZONING: CG: COIPERCIAL GENERAL ENYIROMRENTAL STATUS: CATEGORICALLY EXEHPT, CLASS I REQUEST: AUTHORIZATION TO INSTALL THO ON-SITE GENERAL LIQUOR SALES LICENSES IN CON&UNCTION IdITH T1dO RESTAURANT USES IN THE TUSTXN PAVILION CAFE BUILDINNG REC011RENDED ACTION: m · Approve Use Permtt Ho. 86-28 by the adoptton of Resolution Iqo. 2364. Approve Use* Permtt Ho. 86-29 by the adoptton of Resolution No. 2365. SLN4ARY: The Tusttn Pavtlton Cafe butldtng t s currently under construction tn the French Quarter shopptng center on the northeast corner of Seventeenth and Yorba Streets. Thts butldtng ts tntended to hold three restaurants tn a pavtlion or open market ~ype concept. Xn 1985 the Planntng Commission approved Amendment Humber 1 to Use Permtt No. 84-14 whtch authorized outdoor seattng and one on-stte beer and wtne 11cerise for the building. At thts ttme, the applicant ts requesting authorization for (2) ne~ on-stte general 11quor 11cerises to be used by two (2) of the proposed restaurants. ]:n order to complete lease agreements ~4r. ~latktns must obtatn prior approval for these licenses. Staff ts recommending approval for these use permtts on a condt tt onal bast s. FILE C0? ii Planning Cometsston Report Tusttn Pavtlton Cafe - page '~o ANALYSIS AND CONCLUS]:~)NS: i1! As previously approved one of the three restaurants may install an on-stte beer and wtne 11cense. However, the cafe is no~ proposed to hold three (3) restaurants t nstead of the ort gtnal request for one restaurant wtth an open produce market. This change tn the butldtng concept has resulted tn the request for two (2) additional on-site licenses; both of which .are for general 11quor sales Including beer and wine. At this ttme, the naae of the user has not been identified and hours of operation have not yet been determined. Due to leasing sale.requirements, the applicant must obtain prior approval for these licenses. Once leases have been signed, the user name, 'type and hours of operation can be determined. Staff recomeends that the following condt ttons be Included: [. Use Permits 86-28 and 86-29 are approved for leastng purposes only, when the user has been determined, the operators must be reviewed and~ approved by the Planning. Commission to determine hours of operation. 2. Upon determination of the user, the Planning Commission retains the right to call for a publtc hearing to place further conditions upon each use permtt. 3.. All eaployees serving alcoholic beverages must be 28 years of age or older and shall be supervised by so;eone 21 years of age or older. 4. The use applied for shall reeatn in conjunction with a restaurant, should the restaurant use be discontinued, authority for the 11quor 11cense shall be resct haled. Staff recomn~nds approval of Use Permits 86-28 and 86-29 based upon Inclusion of the conditions outlt ned above. LP: do attach: Stte plan Resolution 2364 Resolution 2365 Community Development Department M E D F 0 Ill C) SEVENTI:ENT~. ST. Plan 1 3 4 5 6 7 8 9 10 11 12 13 14 ~5 16 17 18 19 20 21 22 23 24: 25 26 27 28 RESOLUTION NO. 2364 A RESOLUTION oF lq~E PLANNING COMMISSION OF lq~E CITY OF TUSTIN, AUTHORIZING ON-SITE SALES OF GENERAL LIQUOR AT 17245 EAST SEVENTEENTH STREET The Planntng Commission of the Ctty of Tustin does hereby resolve as follows: I. The Planning Commission finds and determines as follows' A. That a proper application, (Use Permit No.86-28) has been filed on behalf of Mr. Barry Watkins to request authorization for on-site sales of general liquor at 17245 E. Seventeenth Street. B. That a publlc heartng was duly called, noticed and held on said a pp 1 i ca ti on. C. That establishment, maintenance, and operation of the use applied for will not, under the circumstances of this case, be detrimental to the health, safety, morals, comfort, or general welfare of the persons residing or working i'n the neighborhood of such proposed use, evidenced by the following findings: 1. The use applied for is in conformance with the CG (Commerct al General ) zone. 2. That the subject properties are within the CG (Commercial General ) zone. D. That the establishment, maintenance, and operation of the use applied for will not be injurious or detrimental ~o the property and improvements in the neighborhood of the subject property, nor to the general welfare of the City of Tustin, and should be granted. E. Proposed development shall be in accordance with the development policies adopted by the City Council, Uniform Building Codes as administered by the Building Official, Fire Code as administered by the Orange County Fi re Marshal and street improvement requirements as administered by the City Engineer. F. This project is categorically exempt from the requirements of the California Environmental Quality Act, Class 1. G. Final development plans shall require the review and approval of the Community Development Department. 1 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 25 26 27 Resolution No. 2364 page two II... The Planntng Commission hereby approves Conditional Use Permit No. 86-28 to authorize on-site sales of general ltquor at 17245 E. Seventeenth Street subject to the following conditions: A. The final site plan shall be standardized and reflect all approprite City standard drawing numbers. The developer shall construct all missing or damaged street improvements to said development per the City of Tustin "Minimum Design Standards of Public Works" and "Street ImProvement Standards". This work shall consist of, but is not limited to, curbs and gutters, sidewalks, drive apron, and street pavement. B. The use applied for is approved for leasing purposes only, when the user is determined, the operator shall be reviewed and approved by the Planning Commission to determine hours of opera ti on. C. Upon review of the user, the Planning Commission retains the right to imPose further conditions on this use permit as may be necessary. O. All employees serving alcoholic beverages shall be 18 years of aye or older and shall be supervised by someone 2! years of age ~ or ol der. E. The use applied for shall' remain in conjunction with a restaurant use only. Should the restaurant be discontinued, authority for the liquor license shall be rescinded. F. The applicant shall sign and return an Agreement to Conditions Imposed form as required by the Director of Community Deve 1 opme nt. PASSED AND ADOPTED at a regular meeting of the Tustin Planning Commission, held on the day of , 198 . CHARLES E. PUCKETT, Chairman DONNA ORR, Recording Secretary 28 1 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 RESOLUTION NO. 2365 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF TUSTIN, AUTHORIZING ON-SITE SALES OF GENERAL LIQUOR AT 17245 EAST SEVENTEENTH STREET The Planning Commission of the City of Tusttn does hereby resolve as follows: I® The Planning Commission finds and determines as follows: A. That a proper application, (Use Permit No.86-29) has been filed on behalf of Mr. Barry Watkins to request authorization for on-site sales of general liquor at 17245 E. Seventeenth Street. B. That a public hearing was duly called, noticed and held on said application. 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 wi th the CG (Commerci al General ) zone. 2. That the subject property is in the CG (Commercial General) zone. .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. E. Proposed development shall be tn accordance with the development policies adopted by the City Council, Uniform Building Codes as ad~nistered 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. This project ts categorically exempt from the requirements of the California Environmental' Quality Act, Class 1. G. Final development plans shall require the review and approval of the Community Development Department. 1 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 2O 21 22 23 24 25 27 28 Resolution No. 2365 page two II. ~ The Planning Commission hereby approves Conditional Use Permit No. 86-28 to authorize on-site sales of general liquor at 17245 E. Seventeenth Street subject to the following conditions: A. The final site plan shall be standardized and reflect all approprtte City standard drawing numbers. The developer shall construct all missing or damaged street improvements to said development per the City of Tustin "Minimum Design Standards of Public Works" and "Street Improvement Standards". This work shall consist of, but is not limited to, curbs and gutters, sidewalks, drive apron, and street pavement. B. The use applied for is approved for leasing purposes only, when the user is determined, the license shall be reviewed and approved by the Planning Commission to determine hours of operation. C. Upon review of the user, the Planning Commission retains the right to call a public-hearing and to impose further conditions on this use permit. D. All en~loyees serving alcoholic beverages shall be 18 years of age or older and shall be supervised by someone 21 years of age or older. E. The use applied for shall remain in conjunction with a restaurant use only. Should the restaurant be discontinued, the authority for the liquor license shall be rescinded. F. The applicant shall sign and return an Agreement to Conditions Imposed form as required by the Director of Community Deve 1 opine nt. PASSED AND ADOPTED at a regular meeting of the Tusttn Planning Commission, held on the day of , 198 . i CHARLES E. PUCKETT, Chairman DONNA ORR, Recording Secretary Planning Commission DATE: NOVEHBER 9, 1987 SUBdECT: REPORT ON COUIICIL ACTIOIIS- November 2, 1987 Oral presentation. pef Attachments: City Council Action Agenda - November 2, 1987 . Corn munity Development Department ACTION AGENDA OF A REGULAR ~ETING OF THE TUSTIN CITY COUNCIL NOVEMBER 2, 1987 7:00 P.M. 7:00 I. CALL TO ORDER ALL PRESENT II. ROLL CALL PRESENTED DICX III. SPECIAL PRESENTATIONS AND HELEN EDGAR WITH A PLAQUE CONGRATULATING THEM ON THEIR 40TH -WEDDING ANNIVERSARY PRESENTED CHECK FOR 1. CHILI COOK-OFF COMMITTEE PRESENTATION OF PROCEEDS TO TUSTIN AREA $6,600 TO COld'III'TEE FOR SENIOR CENTER FUND, INC. SENIOR CENTER FUND. HOESTEREY RECOGNIZED ~E~4~ERS OF THE SENIOR CITIZEN SENIOR CENTER COI~II1TEE. PRESENTED PINS TO SIZZLING SENIORS CHILl COOK-OFF COI~IITTEE. ROBERT KERJ~ PRESENTED 2. AMERICAN AUTOMOBILE ASSOCIATION - PEDESTRIAN SAFETY ACHIEVEMENT THE PEDESTRIA~I SAFE1T AWARD TO CITY OF TUSTIN ACHIEVEgENT /~IARO TO CHARLES THAYER. I V. PROC LAMAT I ON TO BE PRESENTED AT THE ~. ACKNOWLEDGING "BEST MESS HALL DINING FACILITY" AWARD TO USMC-TUSTIN MARINES 212TH BIRTHDAY ANNIVERSARY ON NOVEF~)ER lOTH AT THE HARINE BASE. V. PUBLIC HEARINGS- None. L ,liY PAl[ON VI. PUBLIC INPUT R£~RTED THAT EARLY {At this time members of the public'may address the City Council regard- IN THE MORNING THE ing any items within the subject matter jurisdiction of the City Council STREETS WERE SOPPING provided that NO action may be taken on off-agenda items unless autho- ~T BECAUSE THE GRASS ri zed by law. ) ',lAS BEING OVERWATERED. ~ICHARD VINING ASKED WHEN THE REST OF HAIN STREET IMPROVEMENTS WOULD BE FINISHED. BOB LEOENOECKER RESPONDED THAT PART OF THE WORK HAS BEEN SCHEDULED AND THAT WE ARE DOING THE WORK WITH OUR OWN CREWS. THE I~TERS SHOULD BE COMPLETED. VII. CONSENT CALENDAR ~PROVED 1. APPROVAL OF MINUTES OCTOBER 19, 1987, REGULAR MEETING ~PROVED 2. APPROVAL OF DEMANDS IN THE AMOUNT OF $890,563.90 ~PPROVED STAFF ~ECOI~IENDATION 3. REJECTION OF CLAIM NO. 87-32; CLAIMANT: DEBRA SPICKERT; DATE OF LOSS' 6/8/87; DATE FILED WITH CITY: 9/3/87 Reject subject claim for personal injuries in the amount of $25,000 as recommended by the City Attorney. · OPTED RESOLUTION t!~--R7-123 4. RESOLUTION NO. 87-123 -A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TUSTIN, APPROVING TENTATIVE PARCEL MAP 87-370 LOCATED AT 2, 33, 21 AUTO CENTER DRIVE Adopt Resolution No. 87-123 as recommended by the Planning Commission and Community Development Department. :ITY COUNCIL ACTION AGENDA Page I 11-2-87 /~OPTED ~SOLUTION NO. 87-124 AND NO. ~ ~25 5. RESOLUTION NO. 87-124 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TUSTIN, FINDING THAT THE FINAL ENVIRONMENTAL IMPACT REPORT (EIR)- FOR THE EAST TUSTIN SPECIFIC PLAN IS ADEQUATE TO SERVE AS THE PRO- GRAM EIR FOR TENTATIVE TRACT MAP 13094 AND ALL FEASIBLE MITIGATION . MEASURES HAVE BEEN INCORPORATED AS REQUIRED BY THE CALIFORNIA ENVIRONMENTAL QUALITY ACT RESOLUTION NO. 87-125 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TUSTIN APPROVING TENTATIVE TRACT MAP NO. 13094 (Bramalea California Company) Adopt Resolution No. 87-124 and Resolution No. 87-125 as recom- mended by t)ie Public Works Department/Engineering Division. ADOPTED RESOLUTION NO. 87-127 ADOPTED RESOLUTION NO. 87-128 AJ~PTED RESOLUTION 87-129 6. RESOLUTION NO. 87-127 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TUSTIN, CALIFORNIA, APPROVING SPECIFICATIONS FOR ASPHALT CONCRETE REHABILITATION AND OVERLAY PROJECT AND AUTHORIZING ADVERTISEMENT FOR BIDS Adopt Resolution No. 87-127 as recommended by the Public Works Department/Engi neeri ng Di vi si on. 7. RESOLUTION NO. 87-128 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TUSTIN, CALIFORNIA, APPROVING SPECIFICATIONS FOR SLURRY SEAL PROJECT AND AUTHORIZING ADVERTISEMENT FOR BIDS Adopt Resolution No. 87-128 as recommended by the Public Works Department/Engi neeri ng Di vi s i on. 8. RESOLUTION NO. 87-129 - A R~SO'LbTION OF THE CITY COUNCIL OF THE CITY OF TUSTIN, CALIFORNIA, APPROVING SPECIFICATIONS FOR MAINTENANCE OF LANDSCAPING AND AUTHORIZING ADVERTISEMENT FOR BIDS Adopt Resolution No. 87-129 as recommended by the Public Works Department/Engi neeri ng Di vi si on. ADOPTED RESOLUTION NO. 87-130 9. RESOLUTION NO. 87-130 -A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TUSTIN, CALIFORNIA, APPROVING PLANS AND SPECIFICATIONS FOR THE INSTALLATION OF STREET LIGHT CONDUIT ON "C" STREET FROM MAIN STREET TO THIRD STREET AND AUTHORIZING ADVERTISEMENT FOR BIDS Adopt Resolution No. 87-130 as recommended by the Public Works Department/Engi neeri ng Di vi si on. VIII. ORDINANCES FOR INTRODUCTION - None. IX. ORDINANCE FOR ADOPTION ADOPTED ORDINANCE NO. 996 1. SPEED ZONES- ORDINANCE NO. 996 Ordinance No. 996 had first reading by title only and introduction at the October 19, 1987, City Council meeting. ORDINANCE NO. 996 - AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TUSTIN, CALIFORNIA, ESTABLISHING PRIMA FACIE SPEED LIMITS ON CERTAIN STREETS (Holt, Newport, Pasadena and Redhill Avenues) Recommendation: M.O. - That Ordinance No. 996 have second reading by title only. M.O. - That Ordinance No. 996 be passed and adopted. (Roll Call Vote) CITY COUNCIL ACTION AGENDA Page 2 11-2-87 X. Ux~-'VF.I) Jq~lO FILED OLD BUSINESS 1-. JOHN WAYNE AIRPORT NOISE STUDY - UPDATE Update on the John Wayne Airport Noise Monitoring Program. Recommendati on: Receive and fi 1 e. :ONTINUED il) 11-16-76 2. TUSTIN EMERGENCY PLAN Mayor Pro Tem Kennedy requested subject item be agendized. Staff requests continuance pending receipt of information. Recommendation: Continue to November 16, 1987. XI. NEW BUSINESS ~PROVED STAFF (ECO~NDATION 1. AUTHORIZATION TO PURCHASE COMPUTER EQUIPMENT & APPROVAL OF CITYLINK CONTRACT Request from staff for purchase of a Hewlett Packard Vectra ES/12 workstation, related software programs and furniture at a cost of $15,860, and subscription to League of California Cities Citylink Information service at a cost of $2,140 for start-up/annual usage fee. . " '-:'-. *: ' -. * - - . Recommendation: That the City Council: 1) Appropriate $18,000 from the General Fund to purchase Hewlett Packard computer equipment, software, contract maintenance ser- vices and related computer furniture; and 2) Authorize the Mayor and City Clerk to execute the contract with the League of California Cities Citylink Service as recommended by the City Manager. ~PPROVED STAFF tECOItNENDATION 2. AUTHORIZATION TO PURCHASE ONE LAWN MOWER Replacement of mower inoperative since May to be sold at auction. Council previously waived normal bidding requirements for replace- ment with a used mower, which never met expectations and was not purchased. Funds are currently budgeted in the amount of $41,000. Recommendation: Accept the low bid of $39,061 from Bob Hicks Turf Equipment; authorize purchase of one Howard Price Hydro-Power 180 mower; and authorize sale of one Ford 3600 mower at auction as recommended by the Public Works Department/Field Services Division. :RVINE COlW~ANY TO I~ET 3. AMERICAN CABLESYSTEMS - TUSTIN RANCH PROJECT A.ER CA. c u sYs'rE.s F-ll4£EN COG BACK TO THE Subject item was agendized by Council at the October 19, 1987, ETING WITH ANY meeting. )E..~ONS Recommendation: Pleasure of the City Council. :ITY COUNCIL ACTION AGENDA Page 3 11-2-87 XII. REPORTS 1. PLANNING COMMISSION ACTIONS - OCTOBER 26,. 1987 All actions of the Planning Commission become final unless appealed by the City Council or member of the public. Recommendation: Ratify the Planning Commission Action Agenda of October 26, 1987. RECEIVE AND FILE 2. HAZARDOUS MATERIALS DISCLOSURE ORDINANCE A review by sl~aff of current operational aspects of the City's Hazardous Materials Disclosure Program as requested by the City Council in response to the Chamber of Commerce. Recommendation: Receive and file, City Council action as deemed app ropri ate. PRESCOI'[ XIII. OTHER BUSINESS REQUESTED THAT STAFF SEND LETTER TO SCHOOL DISTRICT REGARDING SAVING THE SCHOOL SITES. PRESCOTT REQUESTED AN UPDATE ON CITY ENTRANCE SIGNS, CITY BROCHURES, AND THE. TRANSFER OF IRWD WATER SERVICES AND MIAT IS BEING NEGOTIATED. STAFF TO CALL I~S. PATTON'S I~)THER REGARDING THE sIDEWALK :IN-FRONT OF HER HOUSE U~ A KENNEDY klAS RECOGNIZED AS THE FIRST GRANDNDTHER ON THE CITY COUNCIL. HER GRANDDAUGHTER I~ .HED SAIIAN~ I~REDITH AND LIVES IN SAN DIEGO. STAFF TO AGENBIZE FOR NEXT NEETING REGARDING PROTEST HEARINGS FOR ANNEXATIONS, THE POSSIBILITY OF INFORMING THE PUBLIC AT THE PUBLIC HEARII~ THAT THERE ~OULD BE AN ELECTION EVEN THOUGH THERE WERE OVER 50~ PROTESTS. El)GAR REPORTED THAT HE HAD PARTICIPATED IN I-5 FREEWAY FIP~T PHASE. COUNCIL HAD QUESTIONS ABOUT THE OFF-RAMPS IN TUSTIN. LEDENDECKER SAID HE ~ IN THE PROCESS OF GETTING A PRESENTATION BY CAI. TRANS AND THE ORANGE COUNTY ll~ANSIT DISTRICT. EDGAR ASKED MIEN kE MOULD RECONVENE THE COPlqITI'EE FOR COLUMBUS TUSTIN PARK. ROYLEEN WHITE RESPONDED THAT THERE NOULD BE A STATUS REPORT FOR THE NEXT ~EETING. STAFF TO COME BACK AT A FUTURE DATE REGARDING THE ACOUSTICS IN THE COUNCIL CHAMBER. COUNCIL TO RECESS TO CLOSED SESS I ON XIV. CLOSED SESSION The City Council will recess to Closed Session pursuant to Government Code Section 54956.9(a) to confer with the City Attorney regarding pend- ing litigation, and pursuant to Government Code Section 54957 to con- sider personnel matters. 9:06 XV. ADJOURNMENT To a Closed Session as stated above, thence to an adjourned regular meeting on November 12th at 11 a.m. regarding rejecting bids for Assessment District 85-1 and readvertisement of same, and thence to the next Regular Meeting on Monday, November 16, 1987, at 7:00 p.m. CITY COUNCIL ACTION AGENDA Page 4 11-2-87 9:06 ALL PRESENT APPROVED ADOPTED RESOLUT!ON NO. RDA 87-15 OVED STAFF k. ~ItENDATION ADOPTED RESOLUT! ON NO. RDA 87-16 NQ)IE . . . . . . 0 . ACTION AGENDA OF A REGULAR I~ETING OF THE TUSTIN REDEVELOPMENT AGENCY NOVEMBER 2, 1987 7:00 P.M. CALL TO ORDER ROLL CALL 'APPROVAL OF MINUTES - OCTOBER 19, 1987, REGULAR MEET[NG Recommendation: App_rove. SITE PLAN & DESIGN REVIEW NO. 87-21 - CIRCLE K MINI-MARKET, 14121 NEW- PORT AVENUE AT MITCHELL AVENUE - RESOLUTION NO. RDA 87-15 Site plan and design review for demolition of an existing 240 square foot cashier's booth and reconstruction of a modular 2,680 square foot mini-market in conjunction with an existing retail gasoline station. RESOLUTION NO. RDA 87-15 - A RESOLUTION OF THE COMMUNITY REDEVELOPMENT AGENCY OF'THE CITY OF TUSTIN, AUTHORIZING CONSTRUCTION OF A 2,680 SQUARE FOOT MINI-MARKET IN CONJUNCTION WITH A RETAIL GASOLINE SALES STATION AT 14121 NEWPORT AVENUE (DESIGN/SITE PLAN REVIEW 87-21) Recommendation: Adopt Resolution No.,.RDA 87-15 as recommended by the Planning Commission and Comm.U~'~y Dev'elOpment Department. CONTRACT ADMINISTRATION FOR INSTALLATION OF STREET LIGHT CONDUIT ON "C" STREET BETWEEN MAIN STREET AND THIRD STREET A request by staff for Agency approval to complete contract administra- tion and construction under a City contract. Recommendation: Authorize the Tustin City Council to perform all con- tract administration for the installation of street light conduit and street lights along "C" Street between Main Street and Third Street, inclusive of the expenditure of funds budgeted for said work as recom- mended by the Public Works Department/Engineering Division. AUTHORIZATION TO ADVERTISE FOR BIDS FOR CARPETING & SUBMIT REQUESTS FOR PROPOSAL FOR VARIOUS MAINTENANCE AND REPAIR WORK WITHIN THE CIVIC CENTER COMPLEX - RESOLUTION NO. RDA 87-16 RESOLUTION NO. RDA 87-16 - A RESOLUTION OF THE TUSTIN COMMUNITY REDEVEL- OPMENT AGENCY APPROVING PLANS AND SPECIFICATIONS FOR CARPETING IN THE CIVIC CENTER COMPLEX AND DIRECTING THE SECRETARY TO ADVERTISE FOR BIDS Recommendation: Adopt Resolution No. RDA 87-16 as recommended by the Executive Di rector. OTHER BUSINESS ADJOURNMENT To the next Regular Meeting on Monday, November 16, 1987, at 7'00 p.m. REDEVELOPMENT AGENCY ACTION AGENDA Page I 11-2-87 Departmental Status Report ITEM NO. 10 DATE: NOVEN~ER 9, 1987 TO: FROM' SUBJECT: PLANNING COMMISSION COMMUNITY DEVELOPMENT DEPARTMENT OUTDOOR LIVE ENTERTAI~I4ENT AT 13682 NEHPORT AVENUE Per the request of Commissioner Pontious the file regarding Use Permit 86-36 approving outdoor live entertainment at San Remo Italian Deli has been reviewed. At this time tt has been found that the Use ~ntt';e'~pfre-d'on June 22,- 1987. A letter has been sent to Mr. Joe Massimino, owner of San Remo [taltan Deli, · advising htm that the permtt has exptred and, unless 'he submtts .a new application, he ts no longer authort'zed to host outdoor live entertainment. Attached, please find a copy of Resolution No. 2381 authorizing outdoor live entertainment and the letter whtch was sent advistng Mr. Masslmino of the current situation. Staff will continue to follow up on this problem and the Commission will be notified of any progress. Cheryl Pengue Planning Technician Christine Shingleto)f/ Director of Communil~y Development CP:pef I,~,v6".l~nn"LP.n t F)eJ~q~tment J 1 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 RESOLUTION NO. 2381 A RESOLUTION OF THE PLANNING COMMISSION OF THE'CITY OF TUSTIN, AUTHORIZING OUTDOOR, LIVE, ENTERTAINMENT AT 13682 NEWPORT AVENUE The Planning Commission of the City of Tustin does hereby resolve as follows: I. The Planning Commission finds and determines as follows' A® A proper application, (Use Permit 86-36) has been filed by Joe Massimtno, to request authorization to provide outdoor, live, entertainment, once a week at 13682 Newport Avenue. B. That a public hearing was duly called, noticed and held on said app 1 i ca ti on. Establishment, maintenance and operation of the use applied for will not, under the circumstances of this case, be detrimental to the health, safety, morals, comfort, or general welfare of the persons residing or working in the neighborhood of such proposed use, evidenced by the fol lowing fi ndings' ~'-:. ::-... -.: .-.-' . 1. The use requested is 'permitted' pursuant, tO sections 3228 and Sections 9270 of the Municipal Code subject to approval of a Constitutional Use Permit. ® With appropriate conditions of approval imposed, the use requested will..not adversely impact the immediate vicinity in terms of unusual volume or character of traffic or the congregating of a large number of people or vehicles. 5 The proximity of the requested use to an arterial highway precldes noise levels generated from the band from adversely impacting the ambient noise level in the area. 4. The use requested is compatible with other commercial uses in the vicinity and, therefore, is in conformance with the Tustin Zoning Ordinance. 5. The use requested is in conformance with the Tustin Area General Plan as it relates to commercial land uses. D. 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. Proposed development shall be in accordance with the development policies adopted'by the City Council, Uniform Building 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. 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 Resolution No'. 2381 page two I I-· F· Final development plans shall require the review and approval of the Community Development Department. The Planning Commission hereby approves Conditional Use Permit No. 86-36 authorizing outdoor, live, entertainment at 13682 Newport Avenue subject to the following conditions: · Formal agreements between the applicant and neighboring property owners, of the applicants choice, securing a minimum of 20 on-site parking spaces shall be submitted to the Director of Community Development. Said spaces shall be available for attendees of weekly events from 12:00 - 4:00 p.m. each day a concert is scheduled. 2. The live entertainment authorized shall be limited to the following days and times: a) Sundays from 12:30 to 3'30 p.m. Any revisions to '~i"S Cestr'ic'tion must be reviewed and approved by the Director of Community Development. ® The band stage area shall be locate(~ in the rear of the parking area shown on Exhibit "A" of the "Report to the Planning Commission" dated December 22, 1986 concerning the subject use permit, 4. The driveway to the parking area shall be closed and properly signed in a manner acceptable to the Director of Public Works, Chief of Police and the Orange-County Fire Department. At all times during any scheduled performance one parking space, adjacent to Newport Avenue, shall remain open and unobstructed during any scheduled performance to accommodate emergency medical vehicles. · Persons in attendance of any scheduled performance shall be required to remain on private property and should be confined to the Parking lot area. At no time may any public rights of way be obstructed by persons and/or equipment in conjunction with scheduled programs even for a limited period of time. · No devices advertising weekly performances including, but not limited to banners, "A" frame signs, posters, or handbills shall be permitted to be displayed at any time. e No fee or admission charged shall be collected from persons wishing to view scheduled performances. 1 2 3 4 5 6 7 8 9 10 11 12 13 15 16 17 18 19 2O 21 22 23 24 25 28 Resolution NO. 2381 page three No alcoholic beverages may be sold, dts'trtbuted or consumed outside of the market prior to, during, or after any · scheduled performnces. ge Wrttten vertflcatlon from the property owner of the subject site Indicating activities requested and otherwise approved heretn are authorized shall be submitted to the Otrector of Community Oevelopment. .. Approval of Use Permit 86-36 is valid for a period of six months and shall expire on June 22, 1986 unless extended by the Planning Commission. A request for extension must be submitted by the applicant prior to expiration date and said extension may only be granted following an advertised public hearing· At the'time of any such hearing additional reviews or conditions may be required/imposed as deemed appropriate by the Commission. Subsequent hearings shall be conducted without.expense to the applicant· '.:-~ .-.>...' ...:-:.:: .~. :. :: Non-compliance with aiiy 'oT the conditions contained herein is sufficient grounds for the Director of Community Oevelopment or the Chief of Police to suspend activities authorized pending formal review by the Planning Commi ssi on. 12. All electrical. equipment-used in conjunction with scheduled events shall be installed and/or maintained in conformance with applicable provisions of the Uniform Building Codes, Uniform Electrical Codes and Uniform Fire Codes as adopted by the City. 13. The applicant shall sign and return an Agreement to Conditions Imposed form as required by the Director of Community Development. PASSED AND ADOPTED by,~the Plan~nlng Commission of Tusttn on this_~.. day of ./'J~//Y'~-~-~'- _ _.4 _~/' , 1986. · ~DONNA ORR, RecO, Jdihg'i&cret,a~ry the-~ City of '-qCHARLES E. PUCKETT, Chairman JSD' jm: pef 5'TAT~ OF CALIFORNIA) ¢0UN77 OF ORANGE ) CITY OF TUSTIN ) DONNA ORR, 'the undersigned, herel)y cer"l:ifT' ~a~ ~ am ~he ~ecord~n~ Secre~ o~ ~e Plannin.g Co~ission of ~he Ci~ of Tus:in, C~liforni~; ~% Resolu:ion No. ~1 was'du~y passed ~nd ~dop:ed a: regul~' ~e:tng of ~e Tus%in Planning Co~ission, held on :he ~ . Recording Secre City of-Tustin Community Development Department November 2, 1987 3De Masstmtno c/o San Remo Italtan Deli 13682 Newport Avenue Tusttn, CA 92680 SUBJECT: OUTDOOR E#TERTAZNNEET AT 13682 NEWPORT AVENUE, TUSTZN. Dear Mr. Masstmtno': .... ..... The Community Development Department has rece'~ved several complaints r:egardtng the live entertainment being held at the subject address. At this time you are in violation of the following conditions of the approved Use Permit No. 86-36: . The bandstage area shall be located in the rear of the parking area. The complaint received stated that the band is performing in the front setback causing the crowd to over flow onto the sidewalk and street. 2. Persons in attendance shall remain on private property. The crowd is overflowing onto the public right-of-way. Through further investigation of the file, it was noticed that the approval of Use Permit 86-36 was valid for a period of six months, resulting in expiration on June 22, 1987 unless extended by the Planning Commission. The request for extension should have been submitted by the applicant prior to the expiration date and said extension may only be granted following an advertised public hearing . Please be advised that you are no longer authorized to hold any type of live entertainment outdoors, due to the fact that Use Permit 86-36 has expired and no extension has been granted. Because the previously approved Use Permit is no longer valid, a new application must be submitted and reviewed by the Planning Commission before authorization is gl yen to hold It ye entertainment outdoors. 300 Centennial Way · Tustin, California 92680 · (714) 544-8890 Outdoor Entertainment at 13682 Newport Avenue, Tusttn November 2, 1987 Page two ,. We would appreciate your cooperation by contacting Laura Cay Pickup or myself at (714) 544-8890, extension 255 within five (5) days of this notice. At that time we will discuss further actions which must be taken to correct the existing violations. Thank you for your cooperation. Sincerely, Christine A. Shingleton, Director of Community Development Cheryl Pengue, Code Enforcement Officer CAS :CP' ts