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HomeMy WebLinkAboutA A Planning Comm. 6-08-87IUSTIN PL~##I#G C0~I$$I0# REPORTS NO. ! 6-15-87 REGULAR I~LTING ~)UNE 8, 1987 CALL TO ORDER: 7:30 p.m., Ct ty Counct 1 Chambers PLEDGE OF' ALLEGIANCEIXNVOCATION ROLL CALL: Puckett, get1, Baker, Le 3eune, Comdssloner Pontlons arrived at 7:32 1,medlatel~ after roll call. PUBLTC CONCERNS;: (Ltmtted to 3 mtnutes per person for 1terns not on the agenda) IF YOU WISH TO SPEAK TO THE COMMISSION ON A SUBJECT, PLEASE FILL OUT THE CARDS LOCATED ON lttE SPEAKER'S TABLE. ALSO, PLEASE GIVE YOUR FULL NAME AND ADDRESS FOR THE RECORD.  Tusttn Are~ Sports Cou.ctl asked that the Comlsston consider sports fac111ty needs tn any declston they meke. CONSENT CALENDAR: (ALL MATTERS LISTED UNDER CONSENT CALENDAR ARE CONSIDERED ROUTINE AND WILL BE ENACTED BY ONE MOTION. HERE WILL BE NO SEPARATE DISCUSSION OF THESE ITEMS PRIOR TO THE TIME OF THE VOTING ON THE MOTION UNLESS MEMBERS OF THE COMMISSION, STAFF OR PUBLIC REQUEST SPECIFIC ITEMS TO BE DISCUSSED AND/OR REMOVED FROM THE CONSENT CALENDAR FOR SEPARATE ACTION.) . Minutes of May 26, 1987 Planning Commission Meeting 2. -Final Tract Map 12763 Resolution No. 2409- A resolution of the Planning Commission of the City of Tusttn, recommending to the Tustin City Council approval of Final · Tract Map No. 12763. 3. General Plan Consistency/Airport Noise Monitoring Station , Chatrmon Puckett asked that Item 2 be removed fromm the consent calendar and testlmmy be allo~ed on thts 1tern. _~lssloner lie11 moved. Baker seconded to approve the consent calendar. Plotlon carrled 5-0,. Mr. Chrts La)rton, president of Tustln Untfted School Dlstrtct spoke on Item 2. He vas of the optnlow' that the Conditions of Approval have not been met, that the TUSD had not been properly notlfted of thls Pap, that the mep was not tn conformence with the tentative tract and that the Ctty dld not allow the Dlstrtct the twenty days to respond. He noted that they do t ntend to respond wi thtn the twenty 4my pert od. Commlsslo~r ¥etl moved,' Pontlous seconded to adopt Resolution No. 2402 recomendtng to Ctty -~ouncll approval of Fln~l Tract Pap"12763. Plotlon carrted 5-0... Plannlng Commission Action Agenda, 3une 8, :L987 Page PUBLZC HEAR]~NGS: 4. Vartance 14o. 87-~_ Applicant: Locatt on: Shoshana ' s :~7480 E. Seventeenth Street Presentation: Laura Cay Ptckup, Associate Planner Request: Request for a vartance to permtt a tenant Identification stgn of :Lg square feet wtth less than the requtred setback. Resolution No. 24070: A resolution of the Planning Commission of the Ctty of Tusttn, denytng authorization for a Vartance of the setback requirements to all ow tenant tdenttft carton on a free standtng monument stgn at 17480 E. Seventeenth Street, Tustln Resolution No. 2407A: A resolution of the Planntng Commission of the Ctty of Tusttn, authorizing a Yartance of the setback requirements and the commercial dtstrtct stgn requirements to allow tenant Identification on a free standtng monument stgn at 17480 E. :Z7th Street, Tusttn. Recommended actton: Pleasure of the Commission. ~lsstoner tie11 moved, Baker seconded to approve Yartance No. 87-2 by the adoptton of Resolution No. 2407A. iqotlon ca~eted S-O. 5. Draft Environmental ]:mpact Report 87-1 - North/South Road Pro~ect Presentation: Jeffrey Davts, Sentor Planner Rob Balen, LSA, gave a brtef summary of the Draft E:[R. OLD BUS]~NESS: 6. Summary of Results of Rest denttal St9n Code Survey Presentation: Laura Cay Ptckup, Associate Planner The Comdsston noted to recetve and ftle the report on the Rest defftt al Stgn Code Survey. NE'lt BUSINESS: 7. Large Famtl~ Day Care Homes Presentation: Mary Ann Chamberlain, Associate Planner Resolution Ho. 2408: A Resolution of the Planntng Commission of the Ctty of Tusttn recommending amendment of Sectton 9223a6 of the Tusttn rauntctpal Code relattng to Large Faintly Day Care Homes. Commissioner lie11 moved, Baker seconded to dtrect staff to advertise a publlc heartng as soon as posslble and upon the completion of any necessary environmental revtew for Zontng Ordinance Amendment No 87-01. Iqotton Carrted 6-O. Planntng- Commt ssi on Act1 on Agenda 3une 8, 1987 Page three STAFF CONCERNS: 8. Report on City Counctl Acttons of 3une 1~ 1987 meeting Presentation: Christine Shtngleton, 01rector of Community Oevelopment 9. Status Report on Southern Orange Counttes Planntng Commission Meettngs Presentation: Laura Cay Ptckup, Associate Planner 10. Status Report on Summary of l~ork Pro~ects Presentatt on: Christine Shtngleton, 01rector of Community Development Cll~iI SS ION CONCERNS: Comdsstoner Pouttous asked that staff look lnto the stgns at Karl's Hercedes and Drug Empori urn. Coturlssloner Baker asked that code enforcement be stepped up regarding cars parked oa the 1100 block of E1 Cauino Real and helicopter notse. Coumtsslonor Le deune noted that the tent at Untted Rent-all was not In conformance and asked further questloas regarding the atrport notse uonltertng devlce. He was also concerned about trafftc blocktng the street at Intersections such as Red Htll and Nlsson. Commissloner'¥e11 asked that-the Commission meet with Ctty Counc11 for clarification of guidelines for alcoholic beverage control and the stgn code. Comdsstoner Puckett asked that the graftttt at Browntng and NtsSon be removed. AOdOURIIqENT: At 8:45 the meetlng was adjourned to the next regularly scheduled Planntng Comtsslon ueettng on dune 22, 1987 at 7: 30. ~ ~ ' AGENDA TUSTIN PLANNING CO~ISSION REGULAR MEETZNG 3UNE 8, 1987 CALL TO ORDER: 7' 30 p.m. ,- Ct ty Council Chambers PLEDGE OF ALLEGZANCE/TNVOCATTON ROLL CALL: Puckett, Well, Baker, Le Jeune, Pontious PUBLZC CONCERNS: (Llmtted 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. COMSENT CALENDAR: (ALL MATTERS LISTED UNDER CONSENT CALENDAR ARE CONSIDERED ROUTINE AND WILL BE ENACTEO 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 May 26, 1987 Planning Commission Meeting 2. Final Tract Map 12763 Resolution No. 2409- A resolution of the Planning Commission of the City of Tustin, recommending to the Tustin City Council approval of Final Tract Map No. 12763. 3. General Plan iConsistenc¥/Airport Noise Monitoring Station PIJBLTC HEARINGS 4. Variance No. 87-2 Applicant: Locati on' Shoshana ' s 17480 E. Seventeenth Street Presentati on' Laura Cay Pickup, Associate Planner Request: Request for a variance to permit a tenant identification sign of ...... 19 square feet with less than the required setback. Resolution No. 2407D' A resolution of the Planning Commission of. the City of Tusttn, denying authorization for a Variance of the setback requirements to allow tenant identification on a free standing monument sign at 17480 E. Seventeenth Street, Tustin Planning Commission Agenda June 8, lg87 Page two Resolution No. 2407A: A resolution of the Planning Commission of the City of Tusttn, authorizing a Variance of the setback requirements and the commercial district sign · requirements to allow tenant identiftca.tton on a free standing monument sign at 17480 E. 17th Street, Tusttn. Recommended action' Pleasure of the Commission. · Draft Environmental Impact Report 87-1 .- North/South Road Pro~ect Presentati on' Jeffrey Davis, Senior Planner OLD BUSINESS: 6. Sunera. fy of Results of Residential Sign Code Survey Presentation' Laura Cay Pickup, Associate Planner NEff BUSINESS: 7. Large Family Day Care Homes Presentation: Mary Ann Chamberlain, Associate Planner Resolution No. 2408: A Resolution of the Planning Commission of the City of Tustin recommending amendment of Section g223a6 of the Tustin Municipal Code relating to Large Family Day Care Homes. STAFF CONCERNS: 8. Report on City Counctl Actions of June 1, 1987 meeting Presentatt on: Chrtstt ne Sht ngl eton, Di rector of Communtty Development 9. Status Report on Southern Orange Counties Planning Commission Meetings Presentation: Laura Cay Pickup, Associate Planner 10. Status Report on Summary of Work Projects Presentation: Christi ne Shi ngleton, Dt rector of Community Development ADdOURIIqENT Adjourn to the next regularly scheduled Planning Commission meeting on June 22, 1987. MINUTES TUSI'IN PLANNING COMMISSION REGULAR MEk-~ING. MAY 26, 1987 CALL 10 ORDER: 6:00 p.m., City Counctl Chambers PLEDGE OF ALLEGIANCE/INVOCATION ROLL CALL: Present: Well, Baker, Le Jeune ABsent: Puckett, Ponttous PUBLIC CONCERNS: (Llmlted 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.) I. Minutes of May 11, 1987 Plannin9 Commission Meeting Commissioner Le Jeune moved, Baker ~econded to approve the minutes of the May 11, 5987 Planning Commission meeting with the correction of moving the last paragraph on page three to the end of Item 4. Motion carried: 3-0. PlBLIC HEARINGS USE PERMIT 87-8 Applicant: Locatl on: Outdoor Dtmensl ons Newpot nte Apartments 14901 Newport Avenue Presentati on: Mary Ann Chamberlain, Associate Planner Request: Authorization to install a 64 square foot temporary tract identification sign. RESOLUTION NO. 2406: A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF TUSTIN, APPROVING USE PERMIT 87-8 FOR THE NEWPOINTE APARTMENTS AT 14901 ....... NEWPORT AVENUE RECOMMENDED ACTION: APPROVE USE PERMIT 87-8 BY THE ADOPTION OF RESOLUTION NO. 2406. Commission asked questions regarding the maximum period the sign would be allowed, whether or not the sign would be lighted, if the developer intended to have any other Plannlng Commission MJnutes May 26, 1987 Page two stgnage and whether the sign would be visible from the freeway. The public hearing section was opened at 6:10 p.m. Janet Watson, on behalf of Outdoor Dimensions offerred to answer, any questions. The public hearing section was closed at 6:11 p.m. Commissioner Le Jeune moved, Baker seconded to approve Use Permit 87-8 by the adoption of Resolution No. 2406. Motion carried 3-0. 3. USE PERMIT 87-10 Appl I can t: Property Owner: Location: Mr. Yehta Elhak 16621 Townhouse Drive Tusttn, Ca. 92680 K. R. Harm 4226 Keystone Avenue Culver City, Ca. 90230 Fast Stop Market, 17731 E. Mc Fadden Avenue: Unit A Request: Authorization to sell general liquor for off-site consumption in conjunction with a convenience market use. Presentatt on: Laura Cay Pickup, Associate Planner RESOLUTION NO. 2405: A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF TUSTIN, DENYING AN APPLICATION OF YEHIA ELHAK OF FAST STOP REQUESTING AUTHORIZATION FOR OFF-SITE GENERAL ALCOHOLIC BEVERAGE SALES AT 17311 MC FADDEN AVENUE, UNIT A. RECOMMENDED ACTION: Deny Use Permit 87-10 by the adoption of Resolution No. 2405. Commissioner Weil read a letter from Ethel Reynolds on behalf of Parents Who Care, noting sadness at the application of another liquor license for a convenience store. The public hearing section was opened at 6:15 p.m. Et.hel. Reynolds representing Parents Who Care concurred with the staff report. The public hearing section was closed at 6:16 p.m. The Commission noted that there are solid guidelines to follow. They also questioned whether there were any other applications pending that would be coming before the Commission prior to th e Zoning Ordinance Amendment adoption. Commissioner Baker moved, Le Jeune seconded to deny Use Permit 87-10 by the adoption of Resolution No. 2405. Motion carried 3-0. OLD BUSINESS: None Planning Commission Mi nu~es May 2:6, 1987 Page three 'NEll BUSINESS: None STAFF CONCERNS: e Report on City Council Action, May 18, 1987 Cl~l~t~ttne Shingleton, Director of Community Development Staff noted that the Council acted upon the following items' Ze Annexation public hearings are continued to a special called meeting on May 26, 1987 at 7:00 p.m. Approval of County of Orange Contract Services for the Block Grant Program Approval of Contract for provisions of Senior Citizen's funding Contract with FORMA was approved for the Conceptual Park Plan of Tract 12345 Staff also noted that the Commission would be receiveing Department Status and Project Status reports in the future. · Development Status Report Laura Cay Pickup, Associate Planner COMNISSIOM CONCERNS: Commissioner Le Jeune noted that there were children crossing 6th Street in front of the Boy's Club where there is no crosswalk. Commissioner Wetl had the following concerns: · To thank staff for the extra time to review the North/South Road EIR. Status of the Orange County Planning Commission meetings. AD,IOURI~IENT: At 6:26 Commissioner Le Jeune moved, Baker seconded to adjourn to the next regularly scheduled Planning Commission meeting on June 8, 1987 at 7:30 p.m. Motion carried 3-0. Penni F~ley Recording Secretary Kathy Wei 1 Chairman Pro Tem Planning Commission DATE: SUBdECT: APPLICANT: LOCATION: REQUEST: dUNE 8, 1987 ' FINAL TRACT HAP 1276;3 THE IRVINE COMPANY SECTORS 10 AND 11 OF THE EAST TUSTIN SPECIFIC PLAN PROJECT AREA THAT THE COli~ISSION RE--ND TO CITY COUNCIL APPROVAL OF TRACT RAP 12763 RECOIIIENDED ACTION: That the Commission recommend to City Counctl approval of Tract 12763 by the adoption of Resolution No. 2409. BACKGROUND: iii On December 8, 1986, the Planning Commission reviewed and recommended to Ctty Council with appropriate conditions, approval of Tentative Tract.Hap 12763. The subject map created 16 numbered and 28 lettered lots for residential; school and public uses in Sectors 10 and 11 of the East Tustin Specific Plan. Provisions for publtc streets and accommodations for publtc utilities were also established. On December 15, 1986, *City Counctl approved Tentative Tract 12763 as recommended by the Commission. At thts ttme the applicant has submtted a ftnal tract map for consideration in conformance wtth the Subdivision Map Act. DISCUSSION: Staff in conjunction with advice from the City Attorney's office have determined that conditions contained in Resolution No. 2376 and required prior to recordation of the final map have been met. In the case of construction of public improvements yet to commence, appropriate bonds have been* secured. Comrnunity Development Department Planntng Commission Report Final Tract Map 12763 ,lune 8, 1987 Page two Further, the conftgurat.ton, number of lots and roadway alignment shown on the map are tn substantial compliance with the approved Tentative ~lap. · Accordingly, tt ts recommended that the Commission recommend to City Counct] approva] of Tract 12763 by the adoptton of Resolution No. 2409. Planner JSD :per Attachment: Resolution No. 2409 Final Tract Map 12763 -Chrl st1 ne Sht ngletl~:~/ Dtrector of Communfty Development Community Development Department 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. 2409 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF TUSTIN, RECOMMENDING TO THE TUSTIN CITY COUNCIL APPROVAL OF FINAL TRACT MAP NO 12763 The.Planning Co.mmtsston of the City of Tusttn does hereby resolve: I. The Planning Commission finds and determines as follows' A. That Fi.nal Tract Map 12763 was submitted to the Planning Commission on behalf of The Irvine Company for the purpose of creating 44 lots (16 numbered and 28 lettered), a subdivision from a portion of Blocks 43, 44 and 64 of Irvine; subdivision as shown on a map thereof filed in Book 1, page 88 of Miscellaneous Maps in the office of the County Recorder of the County of Orange, State of California. B. That a public hearing concerning Tentative Tract Map 12763 was duly called, noticed and held considering said map. C. That Environmental Impact Report 85-2, as supplemented, has previously been prepared, considered, approved and certified which adequately addresses the general environmantal setting of the project, its significant environmental impacts, and the alternatives and mitigation measures applied to each significant environmental effect for the proposed project and no additional environmental document need be prepared. The Planning Commission has reviewed and considered the information obtained in the previous environmental impact report prior to approval of the project. D. That Tentative Tract Map 12763 was found by the Planning Commission and City Council to be in conformance with applicable zoning and subdivision regulations and the Tustin Area General Plan by the adoption of Resolutions 2376 and 86-142 respectt rely. E. That Final Map 12763 as submitted is in substantial compliance with the approved Tentative Map and is in conformance with applicable zoning and subdivision regulations and the Tustin Area General Plan. II. The Planning Commlsslo hereby recommends to the City Council approval of Final Tract Map 12763. PASSED AND ADOPTED at a regular meeting of the Planning Commission of the City of Tusttn on the 8th day of June, 1987. Penni Foley Recording Secretary ~harles E. Puckett Chairman Report to the Planning Commission ITEM NO. 3 DATE: SIJB,]ECT: LOCATION · · GENERAL PLAN DESIGNATION: ZONING DESIGNATION' ~,ENVIROBIENTAL ~TATUS: , REQIJ[ST: dUNE 8, 1987 GENERAL PLAN CONSISTENCY/,]OHN WAYNE AIRPORT NOISE HONITORTNG SYSTEH 17952 BENETA 1JAY (COLIJHBUS TUSTZN SCHOOL.SITE) PUBLIC AND INSTITUTIOMAL PUBLIC AND INSTITUTIONAL THAT THE PLANNING COlt4ISSION FIND THE USE OF A NOISE HONITORING SYSTEH AT THE SUlN]ECT LOCATION IS IN CONFORHANCE WITH THE TUSTIN AREA GENERAL PLAN. REC(IIIENDED ACTION: That the Commission determine that locatton of the notse monitoring system as described below ts tn conformance wtth the General Plan. BACKGROUND: For the past 16 years an atrcraft notse monitoring devtce has been located on the Columbus Tusttn School site at 17952 Beneta Nay. The device consists of a ndcrophone mounted on a twenty foot pole with a small box of instruments located at its base. Authorization for placement of the system has been accomplished via a series of agreements between the County of Orange and the Tusttn Unified $chool District. The current agreement wtll exptre on Oune 30, 1987. According to a representative of the Otstrtct a new 10 year agreement has been approved by the School Board. ~ectton 65402 of the California Government Code addresses restrictions on acquisition and dtsposal of real property. Thts sectton ts of relevance here tn that 65402 (b) reads tn part that: ,, , Community Development Department · Planntng Commission Report Notse Monitoring System June 8, 1987 Page t~o "A county shall not ... authorize a public building, or structure, tn another county or wtthtn the corporate 11mtts of a ctty, tf such ctty or other county has adopted a general plan ... unttl such publlc butldtng or structure have been (sic) submitted to and rep(~:l~ed upon the-planning agency having jurisdiction as to the conformity wtth satd adopted general plan ..." The Columbus Tustin School site ts wtthln the jurisdictional 11mtts of the City of Tustin and ts covered by the Tusttn Area General Plan. The general plan designation for the stte ts publlc and Institutional. DXSCUSSiO#: With genera1 plan and zontng land use designations of publlc and Institutional (P & I) activities at Columbus Tusttn are regulated accordingly. The general plan deftnes as authorized land uses for thts stte, Institutions of a publlc or quasi-public character. The P & I zone classification further delineates allowed uses specifying that properties zoned as such. can also encompass uses which have tax exempt status and/or miscellaneous characteristics dtsttnct from standard residential, comercial, or Industrial classifications. -.. It ts staff's opinton that gtven the nature of the site (a school stte whtch ts tax exempt), the purpose for which the ~onttortng devtce ts established, and the passtve nature of the system, that the use requested ts consistent with the Tusttn Area General Plan. Accordingly, tt ts recommended that the Commission determine that the notse monitoring devtce as described in the attached letter from the County of Orange, General Servtces Agency ts tn conformance wtth the General Plan. Commission action may. be taken by mtnute order. S P n r ~0~ ~e~[to~eo~li~g~l ~tn~y Oe~el opment JSD- CS- jm: pef Attachment: Letter from General Service Agency dated May 15, 1987. NGE R. A. SCOTT I~rector, General Sewk:es Agency ROBERT G. LOVE Director of Facilities & Real Property JOHN Ro SHADDY Manager, Real Estate Division G-7800 May 15, 1 GENERAL SERVICES AGENCy REAL ESTATE DIVISION 14 Civic Center Plaza, Third Fk:xx ' P.O. Box 4106 Santa Aha, California 92702 (714) 567-5003 City of Tust-in P1 anning Department 300 Centennial Way Tustin, CA 92680 Attention: Christine A. Shingleton Re: John Wayne Airport Noise Monitoring System The County of Orange, John Wayne' Airport Noise Abatement department operates a noise monitoring system at 17952 Beneta Way. The current agreement expires June 30, 1987 and the new agreement will be effective July 1, 1987. The sy. stems consist of a microphone mounted on a twenty foot pole, and a small b°x of instruments located at the base. Please review this proposal in accordance with Government Code Section 65402 to determine if this agreement complies with the City's General Plan. Please indicate your determination by signing below and returning the attached copy of this letter. If you have any questions, please call me at 567-5003. Your early consideration will be appreciated. Wi 11 i am A. Rawlings Real Property Agent Attachment CONCUR: This project is in conformance with the City's General Plan.. By Date COMMENTS- WAR:cb CR24-28-1 5-15-87 Planning Commission DATE: dUNE 8, 1987 SUB,TECT: VARIANCE NO. 87-2 LOCATION ' · 17480 E. 17TH STREET APPLICAIIT: SHOSHANA' S 17480 E. 1TTH STREET TUSTIN, CA 92680 PROPERTY ONNER: MR. RON ALLEN 2914 E. KATELLA AVENUE ORANGE, CA 92667 ,'ONING: PC-PLANNED COPlqUNITY C(XqlqERCIAL ENVIRONMENTAL CATAGORICALLY EXEMPT. CLASS STATUS ' REQUEST: REQUEST FOR A VARIANCE ~0 PERMIT A TENANT IDENTIFICATION SIGN OF 19 SQUARE FEET #ITU LESS TUAN ltlE REQUIRED SETBACK. RECOI, IqENDATION Pleasure of the Commission. BACKGROUND AND SIJI~IARY Shoshana's is a full service beauty studio in the professional office building located in Enderle Center at 17th Street and Enderle Center Way. This building has several tenants, however, Shoshana's occupies a majority of the building and is considered the major tenant. At this time, Shoshana's is requesting authorization to 'legally' use the Center Identification sign for the office building. This sign was originally issued a permit as a Center Identification sign in August of 1977. Since this time the -~tgn face has been changed on several occassions and now advertises Shoshana's. Corn munity Development Department Planning Commission Report. 3une 8, 1987 Shoshana' s page two · · Each of the tssues regarding thts vartance (tenant use of Center Identification sign and variance of set-back requirements) are discussed seperately below· TEI~NT USE OF CENTER IDENTIFICATION SIGN The ortgt'nal permit tssue.d for this stgn specifies the sign as a Center Identification stgn. As requtred by Sectton 9495 of the Stgn Code, Individual tenants are not allowed free standtng signs fn the professfonal office district. In this case, Shoshana's is considered a retail tenant and is authorized retail stgnage as specified in Sectton g494 of the Sign Code. Since Shoshana's is not - ;~--authortzed free standing stgnage under this Section, a variance must be granted ,J:or use of the extsttng Center Identification sign. As stated in Section 9471, variances of the Sign Code may be granted when the following conditions are found to apply: (1) That because of excepttonaT circumstances applicable to the.subject propePty, the strict application of this Chapter ts found to deprive subject property of privileges enjoyed by other properties in the vtctntty and under stmtlar circumstances. (2)' That the variance shall be' subject to such conditions as will assure that the adjustments thereby authorized will not constitute a grant of special privileges inconsistent with the limitations upon other properties in the vicinity and district in which the subject property t s located. In reference to the subject application, similar requests for sign variances have been granted in the vicinity. These variances include- APPLICANT SIGN TYPE DATE GRANTED Stlver Streak Travel 17480 E. 17th St. Calvalcade Escrow 17480 E.17th St. 12 sq. ft. tenant identification sign 6 sq. ft. tenant identification sign 1-3-78 2-21-78 Planning Commission Report June 8, 1987 Shoshana's page three APPLXCANT Salty Sam' s (now Hoho' s Restaurant) 17460 E. 17th St. Enderle Liquor 17460 E. 17th St. SIGN TYPE i ,i 32 sq. ft. tenant identification sign lg sq. ft. tenant identification sign DATE GRANTED 5-21-87 · 10-5-81 Since other similar signs in the same zone and .vicinity have been granted, it could be argued that the subject variance request if approved would not be a grant of special privilege. VARIANCE OF REQUXRED SETBACKS Fhe subject sign is approximately eight (8) feet from the property line along 17th Street and is located an equal dtsta, nce from the public right-of-way as other existing signs on the same property. The required set-back along 17th Street is fifteen (15) feet. Substancial improvements of both 17th Street and Enderle' Center Way .have been completed. The subject sign does not constitute a visual hazard and is not located in an area proposed for future street widening. CONCLUSIONS Should the Commission concur that variances previously mentioned in the analysis section above constitute a grant of privileges to other properties in the same zone and vicinity, staff have prepared an appropriate resolution of approval. The approved resolution includes certain conditions such as: (1) Should Shoshana's re'locate, the subject sign shall be Used as a Center Identification sign rather than a tenant identification sign. (2) No other freestanding signs shall be located on the subject site. Plannlng Commission Report ~lune 8, 1987 Shoshana' s page. four A dental resolution ts aiso presented should the Commission be unable to mal~e the necessary approval findings. . L LCP- CAS: ts ~Ch~st~ne A. Sh~ngleton, ' ~ Dtrector Of Community Oe¢~'lopment ,~'-~Rttacheents: Stte Plan Elevation of Stgn Letter Requesting Variance Resolution 2407-A Resolution 2407-D 'x March 19, 1987 City of Tustin Con~unity Development Department Attn: Laura Cay Pickup Re: Explanation to Variance Request for Shoshana's This request-is not for a new monument sign, but rather a request to change present monument sign identification from former prime mortgage to present Shoshana's Salon. This sign is located on Seventeeth Street and provides the greatest source of our advertising which is essential for our day. to day operation. Shoshana's Salon is the largest tenant in the building and occupies approximately 50% of the property. Thank you. Very truly yours, Arnt~a,.F~mel~or~ - ~ - ~'~'-~~ ' ~ AK/ m ! 2 5 6 7 8 9 11) 11 12 13 14 15 16 17 2O 21 22 23 24 25 26 27 28 RESOLUTION NO. 2407-A A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF TUSTIN, AUTHORIZING A VARIANCE OF THE ~ETBACK R~QUIREM~NT~ AND THE COMMERCIAL OISTRICT SIGN REQUIREMENTS TO ALLOW TENANT IDENTIFICATION ON A FREE STANDING MONUMENT SIGN AT 17480 E~ 17TH STREET, TUSTIN. 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, Variance No. 87-2, was filed by Arnte Kimeldorf on behalf of Shoshana's requesting authorization to vary from the requirements of Planned Community District set-back requirements and to vary with the Commercial Sign Code requirements to allow tenant identification on a Center Identification sign at 17480 E. 17th Street, Tustin. B. That a pUblic hearing was duly called, noticed and held on said application. C. That because of special circumstances applicable to the subject property, relative to size, shape, topography, location or surroundings, a strict application of the Zoning and Sign Ordinance is found to deprive subject property of privileges enjoyed by other properties in the vicinity and under identical zone classification, as evidenced by the following findings: 1. The sign applied for is in conformance with the Tustin General Plan. 2. The sign applied for shall be re-established as a Center Identification sign at the time the applicant should move from the site. e Exceptional circumstances applicable to the subject property and the strict application of the Sign Code is found to deprive subject property of privileges enjoyed by other properties in the vicinity and under similar ct rcumstances. 4. That the variance shall be subject to such conditions as will assure that the adjustments thereby authorized will not constitute a grant of special privileges inconsistent with the limitations upon other properties in the vicinity and district in which the subject property is located. 1 3 4 5 6 7 8 9 10 11 13 14 15 16 17 18 19 2O 21 22 23 24 25 26 27 28 Resolution No. 2407 Page two D. That this project is categorically exempt from the requirements of the California Envlronmental Ouality Act.(Class II) That the granting of the variance as herein provided will not be contrary to the intent of the Zoning and Sign Ordinance or the public safety, health and welfare, and said variance should be granted. F. Proposed development shall be in accordance with the. development policies adopted by the City Council; Un.iform Building Codes as administered by the Building Official: Fire Codes as administered by the Orange County Fire Marshal; and street improvement requirements as administered by the City Engineer. II. The Planning Commission grants a variance as applied for, to authorize use of a free standing sign in the set-back area and to use a Center Identification sign for tenant identification at 17480 E. 17th Street, subject to the following conditions' A. The sign applied for shall be re-established as a Center Identification sign at the time Shoshana's relocates. B. No other free standing signage will be authorized on the subject property. PASSED AND ADOPTED at a regular me~ting of the Tusttn Planning Commission, held on the day of , 198__. Penny Foley, Recording Secretary Charles E. Puckett Chairman 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. 2407-D A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF TUSTIN, DENYING AUTHORIZATION FOR A VARIANCE OF THE SETBACK REQUIREMENTS AND THE COMMERCIAL DISTRICT SIGN REQUIREMENTS TO ALLOW TENANT IDENTIFICATION ON A FREE STANDING MONUMENT SIGN AT 17480 E. 17TH STREET, TUSTIN. 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, Variance No. 87-2, was filed by Arnie Kimeldorf on behalf of Shoshana's requesting authorization to vary from the requirements of Planned Community District set-back requirements and to vary with the Commercial Sign Code requirements to allow tenant identification on a Center Identification sign at 17480 E. 17th Street, Tustin. B. That a public hearing was duly called, noticed and held on said appl t cati on. C® Special circumstances are not found to be applicable to the subject property, relative to size, shape, topography, location or surroundings,, and application of the Zoning and Sign Ordinances are not found to deprive subject property of privileges enjoyed by other properties in the ~icin.ity and under identical zone classification, as evidenced by the following findings: le That exceptional circumstances are not applicable to the subject property, and the strict application of the Sign Code is not found to deprive subject property of privileges enjoyed by other properties in the vicinity and under simtlar circumstances. 2. That the variance, if granted, will constitute a grant of special privileges inconsistent with the limitations upon other properties in the vicinity and district in which the subject property is located. D. That the granting of a variance as herein provided wi'll constitute a grant of special privilege inconsistent with the limitations upon other properties in the vicinity and district in which the subject property is situated. 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. 2407 Page two That this project is categorically exempt from the requirements of the California Environmental Quality Act.(Class II) That the granting of the variance as herein provided will be contrary to the intent of the Zoning and Sign Ordinances and the public safety, health and welfare, and said variance should not be granted. II. The Planning Commission hereby denies the variance as applied for, requesting a variance of the set-back requirements and the Commercial District Sign Code standards for tenant identification on a Center Identification sign at 17480 E. 17th Street, Tusttn. PASSED AND ADOPTED at a regular meeting of the Tustin Planning Commission, held on the day of 198 Charles E. Puckett, Chairman PENNI FOLEY, Recording Secretary ITEM NO. ~ ,, Planning Commission DATE." JUNE 8, 1987 SUBJECT' DRAFT ENVIRONMENTAL IHPACT REPORT 87-1 NORTH/SOUTH ROAD PROJECT RECOIIIENDED ACTZON: It ts recommended that the Commission 1) open the publlc heartng on the subject EIR and recetve testimony; 2) close the publtc heartng; and 3) dtrect staff to respond, tn wrttlng, to all wrttten and verbal comments recetved tn regards to the Draft EIR. BACKGROUND: · Draft Environmental Impact Report (DEIR) 87-1 has been prepared in accordance with the California Environmental Quality Act (CEQA) and considers environmental implications of a proposed arterial highway. As the majority of the project is within the jurisdictional boundaries of the City, Tusttn is acting as the lead agency in. processing the EIR. . The proposed North/South Road is an-extension of Old Myford Road at least a portion of which will be renamed Jamboree Road. The proposed roadway will extend north of I-5 to existing Chapman Avenue (realigned Santiago Canyon Road) and will traverse the eastern boundary of the City of Tusttn, and extend into the City of Orange and unincorporated County area. The roadway will be a six lane facility to Tusttn Ranch Road and a four lane facility from Tustin Ranch Road to Chapman Avenue. Pursuant to CEQA, after review of an initial study questionaire, it was determined that an environmental impact report was required in conjunction with the proposed roadway. Accordingly, a Notice of Prepareatton was distributed to the State Clearinghouse, responsible agencies, and other interested parties. Additionally, a public scoping meeting was held early on in* an effort to solicit further public response and input. Finally, in terms of notification of the availability of the DEIR, *copies of the document were sent to responsible agencies and interested parties, and were made available at Tustin City Hall as noted in a press release issued to the Tustin News, Orange. City News and the Orange County Register. Presently, the environmental consulting firm, LSA is preparing responses to written comments received to date. For Commission information, the formal public review period was from March 27 to April 27, 1987. .. Community Development Department Planntng Commission Report North/South Road Draft EIR June 8, ].987 Page two PROa'ECT DESCRZPTTON: The North/South Road, ex'tends through the Ctty of Tusttn, Orange County and the Ct ty of Orange. Immediately adjacent to the west stale of the alignment in the southern portion of the project ts the East Tusttn Spectftc Plan Area. Further to the north, the alignment borders the Upper Peter's Canyon Reservoir and the Upper Peter's Canyon Specific Plan tract. The alignment of the North/South Road ts located easterly of the proposed Peter's Canyon Reservoir Regtonal Park (See Exhtbtt A). The 11mits of the project extend from Irvlne Boulevard to s11ghtly north of extsttng Chapman Avenue. Currently, there ts a separate proposal to realign Chapman Avenue and Santiago Canyon Road. The northern ltmtts of the project would be at future realigned Santtago Canyon Road. The project is intended to provide an additional north/south artertal to better serve the transportation needs of exlsttng and future planned development tn the regton, to relteve congestion on other parallel roadways, such as Newport and Red Htll Avenues, and to provtde reltef to Chapman Avenue west of the project by providing an alternate route out of the Orange area. Thts project represents the Implementation of an artertal roadway whtch has been an assumed feature tn Several approved planntng documents &nd projects. These documents include the East Tusttn Specific Plan and the Upper Peter's Canyon Spectftc Plan. In addition, the artertal roadway has been Identified tn the Master Plans of Artertal Highways for each jurisdiction, as described in the Traffic and Circulation Sectton of the EIR. The length of the North/South Road project ts 4.~ mt les, The project, as analyzed in the EIR, is a stx-lane factltty from Irvtne Boulevard to Tustln Ranch Road and a four-lane factltty from Tusttn Ranch Road to existing Chapman Avenue. Based on the requirements of adjacent development and the conclusions of the traffic report, tntttal Construction wtll include ftve lanes (three southbound and two northbound) from Irvlne Boulevard to Tusttn Ranch Road, and four lanes northerly of Tusttn Ranch Road. The need to wtdentng to slx lanes from Irvtne Bouldvard to Tust~n Ranch Road would be Implemented tn conjunction wtth future adjacent development and would be ftnanced through appropriate funds relattng to that development. Present plans indicate the project, with the exception of the sixth lane between Irvtne Bouldvard and Tustin Ranch Road, will be constructed in one phase. Construction is projected to start as &arly as July, 1987, and, with a fifteen month construction period planned, completion could then occur in October, 1988. Community DeveloDment De' Plannlng Commission Report North/South Road Draft June 8, 1987 Page three PRO,]ECT ZMPACTS: · Pursuant to CEQA, gener'al environmental areas that may be Potentially impacted by the North/South Road have been reviewed and addressed in the Draft EIR. Specifically, earth, water, biological and cultural resourses were considered. Also, land use, relevant planning programs, traffic and circulation, noise, air quality, aesthetic/visual resources and public service/utility impacts were analyzed.. A summary of the potential impacts, mitigation measures and the level of significance of the tmpacts after mtttgatl, on ts attaached tn- Table 1. Page numbers .indicated after each heading, indicate where items are discussed in the Draft EIR. In addition to the effects listed on Table 1,* concerns have been raised relating to three other issues. The first of these issues is the potential for a future northerly link or extension of the North/South Road to State Route 91. The second issue is the need for consideration of an ultimate six lane section of the road between Tusttn Ranch Road and Santiago Canyon Road. The third issue is the impact the road may have on the Irvtne Agricultural Headquarters as an hi stori cal area. Each of these areas of concern will be evaluated in the response to comments document currently being prepared and additional information will be presented at the public hearing. - PROCESSTNG In terms of processing the following, schedule of actions are as follows: June 8, 1987 - Public hearing before the Planning Commission to receive public testimony on the Draft EIR. Staff to prepare written responses to all comments including written comments submitted to date. June 22, 1987 - Planning Commission to review all comments on Draft EIR and all responses thereto· Additionally, the Commission shall review and consider any changes 'to the Draft EIR necessitated by comments or responses thereto· After such review, the Commission will make a recommendation to the City Council concerning the adequacy of the Final EIR. Pursuant to CEQA, a Final EIR is defined as a document containing:. the Draft EIR or a revision of the Draft; comments and recommendations received on the Draft EIR; a list of persons, organizations, and public agencies commenting on the Draft EIR; responses of the Lead Agency to significant points raised in the review and consultation process; and any other information added by the Lead Agency. July 6, 1987 - City Council will receive recommendations of the Commission and will consider certification of the Final EIR. Corn ~munitv.,~Devetopment De__oart~_~_~_t. ' Planning Commission Report North/South Road Draft EIR June 8, 1987 Page four · SWlMRY: The June 8, 1987 public heartng before the Commission ts held to receive testimony on the 'subject EIR. Thts transmittal ha~ conveyed background and procedural steps that are tnvolved tn the environmental review process. On June 8, the consulting firm of LSA w111 present Information on the actual environmental document and wtll be available to respond to Commission concerns. Ftnally, at the June 22, 1987 meettng all Information comptled and tnput recetved as of that date w111 be presented to the Commission as Final EZR 87-1. JSO:pef . Director of Communtty'D~'~lopment Attachments: Exhibit A - Location Map Table I - Impacts/Mitigation Measures Project Location EX A Proposed l;i......!~l~:':':".' City of Tuatin IFTTI-ll city of Irvine ~ Irvine Sphere of Influence City of Orange County of Orange Proposed Peters Canyon Regional Park N, 8tale In Feet 0 2000 4000 Orange Sphere of Influence T/',BLE I SUMMARY OF %MPACTS AND MITIGATION MEASURES PO~ITE~IAL ADVERS[ )MpACTS The lmoject will require cut and fill a~zt~mtties, including approximately cubic yards of export material. Theproject area could be exposed to p~ial landsliding. ltte s~te contains come unsuitable soil, same non-rippable, or difficult to rip mmd:e~ial~s and some expansive compress- f~.~l?-~rficial deposits. MTTIGATION M[ASURES LEVEL OF SIGNIFICANCE AFTI~R MITIGATION EARTH RESOURCES (PAGES 10- 16) Stabilization or buttressing of cut slopes will be applied primarily along easterly facing cut slopes, where adversely oriented bedding planes of the Vaqueros-Sespe Form- ation will likely be exposed. West- erly facing cut slopes and younger alluvial cut slopes will be buttressed as necessary. The best approximation of necessary buttressing will be de- termined prior to fieldwork and/or issuance of a grading permit. Mitigated to a level of non- significance. Slope inclination will not exceed a 2:1 (horizontal to vertical) ratio, except in special cases where geD- technical data validates the ability to deviate from a 2:1 slope. Mitigated to a level of non- significance. Removal of colluvium, alluvium, top- soil, landslide debris and artificial fill to suitable foundation earth materials will be required prior to placement of fill in areas where these deposits occur. Mitigated to a level of non- significance. Tlte l~roject will encroach on three pfl)e~fnes in the northerly portion. Recommendations made by the geotech- nical consultants (Pacific Soils Engineering, Inc.) during the final design phase regarding pipeline con- straints shall be adhered to. Mitigated to a level of non- significance. ~lmlarmject will be subject to ground- slin~k~ in the event of an earthquake. The road will be designed in accor- dance with seismic design provisions as published by the California Department of Transportation to pro- mote safety in the event of an earth- quake. Mitigated to a level of non- significance. ADVERSE IMPACTS M)T)GATION MEASURES LEVEL OF SIGNIFICANCE AFTER MITIGATION WATI~R RESOURCES (PAGE ~7 - 2~) Implementation of the proposed project result in short-term impacts to s~rface water quality during grading construction. Erosion control measures will be dev- eloped and incorporated into final grading plans bythe project pro- ponent to minimize potential in- creases in erosion and sediment transport during construction. An erosion/siltation control plan shall then be submitted by the pro- ject proponent for approval by Tus- tin, Orange and the County for their respective jurisdictions prior to initiation of construction activities. Mitigated to a level of non- significance. project will result in a long-term c~te~ge in the composition of run-off diisckarged. Appropriate pollution control mea- sures, such as a street sweeping pro- gram and periodic storm drain clear- ing will be conducted by the appro- priate agencies to reduce long-term water quality impacts. Long-term erosion and sedimentation control will be provided as part of the project with the inclusion of down-drains and terrace drains in appropriate areas of cut and fill within the road design. BIOI. O61CAI, RESOURCES (PAGES 23- 30) Mitigated to a level of non- significance. ~mstnmction of the project will result in removal or loss of less than one acre ripmri, an woodland and riparian thicket. Prior to issuance of grading permits, the California Department of Fish and Game shall be notified and consulted on the possible necessity of a 1601 permit. Assuming concurrence by Calif- ornia Department of Fish and of Game, mitigated to an accept- able level. 'AL ADVERSE IHPACTS HIT)GAT)ON H~ASUR~S CULTURAL RESOURCES (PAGES 3~ - 34) LEVEL OF SIGNIFICANCE AFTER M)T)GAT)ON The project may result in the disruption of an archaeological site which, according to existing records, could yield subsurface materials. A limited test-level investigation shall be conducted by a qualified archaeologist to determine precisely the surface and subsurface boundaries of CA-Ora-556 along the proposed route. Such testing would include a series of 1 x 1 meter excavation units placed in the area where grading for the roadway is anticipated. This investigation would provide the necessary information in order to determine the significance of the site. Mitigated to an acceptable level. The proposed project does not directly impact any structures of historical significance, but will bisect the elig- ible historic area and could affect the continuity of a potential future his- toric district. Noise barrier measures such as the Mitigated to an acceptable wall used to separate Irvine Boule- level. yard from the eligible property shall be utilized to ensure compliance with State standards to minimize noise impacts on occupied residences with- in the eligible area and on any historic district which might be established in the future. The materials, colors, design and landscaping of any fence or wall separating the North/South Road from the Irvine Agricultural Headquarters complex shall be selected and approved by the City of Tustin with careful consideration to preserving the rural character of the property eligible for future designation as an historic district.. POI/[NLIIAL AOVERS{ IMPACTS Alt , no paleontologic resources are k~ to occur on the project site, grading could uncover unrecorded fossil remains during excavation of sensitive bedrock formations. MITIGATION M~ASURES A qualified paleontologist shall be retained to attend any pregrade meet- ings and monitor initial grading operations involving sensitive bedrock formations. If fossils are discovered, the paleontologist shall be allowed to divert or redirect grading in the vicinity Qf the remains in order to evaluate and salvage exposed fossils. ~o' i~acts. LAND USE (PAGES 35 - 41) ,RELEVANT PLANNING PROGRAI~$ (PAGES 4~ - 49) Tbe proposed project will not adversely impact current planning programs. How- ever, impacts could occur to the regional parks located northerly of the North-South Road terminus a~ the time a northerly extession is proposed. Final engineering design of the project shall not preclude the potential to later construct, in addition to the preferred align- merit, the Easterly Alternative which could become the northerly extension to SR-91. Recommendation The appropriate approval agencies shall refer, at the time of a proposed northerly extension, to edge treatment, viewshed protection and oak management mitigation measures as outlined on pages 61-63 of the Weir Canyon Park-Road Study (County of Orange, 1984). In addition, realignment of the northerly exten- sion to a more easterly alternative shall also be considered as a potentia) mitigation measure by that future project. LEVEL OF SIGNIFICANCE AFT[R MITIGATION Mitigated to an acceptable 1 evel. This project will not result in any significant impacts to relevant planning programs. I~ENTIAL ADV~RS~ IMPACT~ · M)TIGATION MEASURI~S LEVEL OF SIGNIFICANCE AFTER MITIGATION TRAFFIC AND CIRCULATION (PAGES 50 - 74) lle adverse impacts have been identified relating to the proposed project. On Jamberee Road, south of the actual pro- jest being addressed in this EIR, the five )amc section will be adequate until 1991, I~. lecal intersection improvements will me~ to be implemented and will be addres- sed through and as development of the [mst lustin Specific Plan area occurs. Since no adverse impacts have been identified, and since the project is consistent with the respective Master Plans of Arterial Highways, no mitigation is necessary. No significant impacts. [emst~ction of the project will repre- semi a temporary short-term noise impact. NOISE (PAGES 75 - 88) Compliance with the Orange County, Tustin and Orange Noise Ordinances will mitigate impacts associated with construction noise. To comply with the ordinance most construction activities will be limited to daytime hours on Monday through Fridays when occurring near residential areas. Mitigated to a level of non- significance. IIV~'ce level dust emissions will result f, roject construction activities. AIR OUALITY (PAGES 89 - 99) Dust suppression measures, such as regular watering and early paving of the road shall be implemented by the project proponent to reduce emissions during construction and grading. Mitigated to a level of non- significance. AESTHETICS/VISUAL RESOURCES (PAGE 100 - :1.06) l~proposed project will be visible seam limited areas of.existing residential development. Hard edges left by cut-and-fill operations shall be softened where visual impact can be a concern, as determined during the plan-check stage of the project, by Tustin, Orange and the County of Orange for segments in their respective juris- dictions. Due to the absence of natural topo- graphical features, native tree ~nd shrub plantings, landscaped barrier berms, walls and/or combinations of these screening features shall be provided along the road at cross sections 4 and 5, to block or reduce visibility of the project from existing residential areas. The barrier shall be at a height sufficient to substantially block views as determined during the final roadway design phase. The roadway screening plan shall be subject to the review and approval of the Oirector of Community Oevelopment, City of Tustin, and/or the appropriate jurisdiction. Mitigated to a level significance. to po~ .AL ADVERSE )MPACTS MIT)GATION MEASURES LEVEL OF SIGNIFICANCE AFTER MITIGATION No adverse impacts identified. PUBLIC SERVICES AND UTILITIES (PAGES 107 - 114) RECOMMENDATIONS The City of'Tustin Police Department recom- mends that, during the construction phase of the project, private security be pro- vided for the protection of equipment and materials-during non-working hours. This recommendation shall be implemented if deemed necessary by the contractor. The following transit service features, supportive of public transit, shall be considered for the project during the plan review: bus turnouts, consistent with the OCTD Design Guidelines for Bus Facil- ities; paved, lighted and handicapped accessible pedestrian walkways between dev- elopment and bus stops; and bus shelters. This measure is not required in response to an environ- mental impact, but rather should be considered a better- ment or beneficial feature in- corporated to improve the project. Report to the Planning Commission ITEM NO. 6 dUNE 8, 1987 SIRURY OF RESULTS OF RESIDENTIAL SIGN CODE SURVEY ~NDATION ACTION: i ii Receive and file. BACKGROUND ~'he Community Development Department and the Planning Commission have been =rktng on revisions of the Sign Code since late October of 1986. As part of this project t~o Surveys were conducted. One was conducted to assess the opinion of* the business community, the other to assess the opinions of the residents. The results of the business survey were presented to the Commission on April 13, 1987 and a copy of the survey results* is attached for comparison (Exhibit A). The resident survey has been completed and a tabulation of the results are discussed. AImLYSIS The residence survey was sent to 495 homes throughout Tusttn. Five survey areas were identified as sho~n on the attached Exhibit B. Each respondent was requested to give an opinion of statements regarding the regulation of signs. Each opinion had a numerical value and the respondent checked the number which correctly identified their opinion of the statement. These numerical values included: (1) Strongly Agree; (2) Agree; (3) No Opinion;. (4) Disagree; (5) Strongly Disagree. Statements were similar to those used in the business survey. Slight changes were made for simplification. These statements were as follows: 1. 'Temporary signs, such as banners, bunting, "A" frames, flags, cards, and posters displayed on the outside of a building should not be permitted. 2. Signs painted directly on the surfa.ce of a wall should not be permttted. Planning Commission Report Status of St gn Code Survey ~une 8, !987 page two 3e A.11 new shoppt.ng centers should have a stgn program whtch requtres untform colors and/or consistent types of signs for all stores tn the center. · 4e To reduce s~gn clutter at gas/service stations, the Ctty should adopt standards whtch regulate the sJze and number of stgns. .Stgns attached to 'windows should be regulated by thetr stze and number. 6. The Cfty should adopt regulatfons whlch concern the stze and colors of slgns with exposed neon tubtng. ~n analysfs of the results of the survey area by study area and an overall review are attached for revfew. Otrector of Communfty Oeve~pment LCP- CAS- ts Attachments- Business Survey Results (Exhtbtt A) Exhtbtt B Survey Results il ii i i ii i ii i · ~,, · i i i. ~ i - i i · Ill I , , .... -- I I ~ I I / / / i / / / / / / CITY OF TUSTIN Survey Areas EXHIBIT B AMALYSZS OF RESZDEllrr SURVEY RESULTS QUESTION 1: The overall results of the survey showed that the residents generally agreed with regulation of temporary signs, (32~ Strongly Agree and 22~ Agree) however this was the statement that had the largest percentage (25~ Disagree and 14~ Strongly Disagree) of disagreement. This opinion was common in all five of the study areas. QUESTION 2: The survey respondents showed a 70~ agreement with the elimination of painted wall signs. The respondents recorded a 21~ disagreement tn this statement. QUESTION 3: The respondents recorded a 79[ agreement wtth the Ctty's requfring a master sign plan for shopptng centers. One respondent noted that shopptng center tenant signs should be readable from the street, otherwise they are a trafftc hazard. QU[STIO# 4: This question was the statement regarding the reduction of gas station stgns. The respondents recorded 82~ agreement'in this area. · QI~STION 5: 68) of the respondents agreed that window signs should be regulated. A 100% response of 'No Opinion' was also recorded in this area. QUESTION 6: Thts respondent recorded 87Z in favor of regulating neon stgns. Only 6Z recorded dlsagreement wlth thls tssue. OVERALL RESULTS: A tally of the overall results of the survey shows that 72~ of the respondents agree with all six statements in the survey. .,20~ recorded negative responses and an overall of 8~ of no op~nton was recorded. l eport to the Planning Commission ITEM NO. 7 SUIMECT: JU#E 8, 1987 LARGE FAMILY DAY CARE HOMES RBCOI~ENDATION I~ Is recommended that the Planntn9 Commission dtrect staff to advertise a publlc hearing as soon as posstble and upon the completion of any necessary anvtronmental revtew for Zontng 0rdtnance Amendement No. 87-01. ~RCKGROUND ET~fecttve January 1, 1984 legislation went tnto effect regulating the p~acement and'. operation of large faintly day care homes. Thts legislation virtually pre-empted local control of thts use, however, tt does allow ~ocal ordinances to pimescrtbe certain standards. On May 21, 1984 the Ctty Counc11 adopted Ordinance 91~_~ (see copy attached) whtch allows large faintly day care homes .tn .the stngle f~amtly residential districts. Thts ordinance established reasonable standards flor large faintly day care homes. A~:tached to thts memo ts correspondence recetved from the Ctty Attorney which maggests that our present code be amended to better meet the provisions of. State · 'lJaw. In response to thetr memorandum and other ~ssues ratsed by the Ctty Counctl tn thetr revtew of recent large faintly day care home applications, pmoposed Zontng Code Amendments have been prepared. AIIALYSIS Tl~,Tusttn Ctty Code states- "Large Famtly Day Care Home" means a 'family dwelltng untt, non-Institutional tn character, properly 11censed by the County of Orange, whtch provtdes day care only, for a maximum of t~elve ([2) chtldren ages etghteen ([8) years or younger, Including the licensee's own chtldren under the age of twelve (12). lie Health and Saftey Code Sectton 1597.46 mandates that permtts be granted tt~e' large famtly day care home compltes wtth local ordinances whtch prescribe standards or restrictions concerning spactng, concentration, trafftc control, parktng and notse control. The Ctty's. current code tncludes regulations regarding notse (to some extent) .and spactng but does not tnclude any crtterta for trafftc and parktng. Corn reunify DeveloPment De_pa~.r!men! Planning Commission Report Large Famtly Day Care Home June 8, 1987 Page Two Proposed code amendments would provide staff with the ability to better evaluate the location of a proposed large family day care home. These amendments would also provide additional' protection and mitigation to the neighbors in the vicinity of day care homes ensuring that approval, o4: large family day care homes will not create a traffic problem for the neighborhood. Appropriately, Staff recommends that amendments be made to Section 9223 of the Zoning Code as follows: 1. Modify Section 9223a6e of the Tusttn Code to read- No hearing on the application for a permit shall be held by the Planning Commission unless a hearing is requested by the applicant or a property owner within 100 feet of the proposed home.. The permit shall be granted if the large family day care home complies with the provisions of this code. 2. Modify Section 9223a6d to read- All property owners within a 100 foot radius of the exterior boundaries of a proposed large family day care home as shown on the last equalized County assessment roll shall be north:ted of the intent to establish such a home. 3. Modify Section 9223a6b to read- Large family day care homes shall be operated in a manner not exceeding the noise levels in the Tusttn Noise Ordinances, nor shall such' day care homes be allowed to operate in a manner that would constitute a nuisance to neighboring properties. A day care home shall also by design, location and layout avoid any potential noise which may constitute a nuisance to neighboring properties. 4. Add the following additional standards to Section 92~3a6- a) Any day care home must comply with the provisions of the State Uniform Building Code and City of Tusttn building requirements which apply to single family residences. Planning Commission Report Large Faintly Day Care Home Oune 8, !987 Page Three b) c) Any large.day care home must provide one (:1) off-street parking space for' each employee who is not a resident of the premises, and provide drop-off/pick-up factlttte~ on-site or immediately adjacent to the site as necessary to avoid interference with traffic and to promote the safety of children. An applicant for a large day care home shall be licensed or deemed to be exempt from ltcensure-by the State of California as a large.family day care home. Attached for the Commission's review is a draft resolution with the above recommended amendments. Should the Commission agree with the proposed approach, ~staff would be prepared to schedule the matter for a public hearing. '~/~+ ~~/~-~'~~J~. ' "C'h~tsttne A. Shtncyl~ton, ~f~ry~ nn Cl~mberlaln, ~ Associate Plamner Director of Community Development MAC: CAS- ts Attachments: Ordinance No. 911 Resolution No. 2408 1 2 3 4 RESOLUTION NO. 2408 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF TUSTIN RECOMMENDING AMENDMENT OF SECTION 9223a6 OF THE TUSTIN MUNICIPAL CODE RELATING TO LARGE FAMILY DAY CARE HOMES. 5 The Planning Commission of the C.tty of Tusttn does hereby resolve. 6 I. The Planning Commission finds and determines as follows- a) That the State of California Health and Safety Code Section 1597.46 mandates that a permit be granted for large family day care homes if they comply with local standards and requirements. 10 11 12 13 14 15 16 17 18 19i 20 21 22 23 b) That to ensure that the integrity of the Single-Family Residential zone is maintained, the City may establish applicable standards for spacing and concentration, traffic control, parking and noise control. c) That a Negative Declaration has been prepared conformtn~ with the California Environmental Quality Act. II. The Planning Commission hereby re.commends to the City Council that Section 9223a6 be amended as follows: '6. Large family day care homes", caring for seven (7) to twelve (12) children, are subject to the following regulations- a) Prior to commencement of operation of any large family day care home, the applicant for a permit shall complete and submit an application to the Community Development Department. Information provided on the permit shall include: Name of operator: address of the home; and a list of property owners within 100 feet of the proposed day care home. 24 26 27 28 Resolution No. 2408 Page Two b) Large family day care homes shall be operated in a manner not exceeding the noise level in the Tusttn Noise Ordinance, nor shall such day care homes be allowed to operate in a manner' that would constitute a nuisance to neighboring properties. A day care home shall by design, location and layout avoid any potential noise which may constitute a nuisance to neighboring properties. c) A permit shall not be granted for a large day care home that would be established within 300 feet of the exterior property boundaries of any existing licensed large family day care home. d) All property owners within a 100 foot radius of the exterior property boundaries of a proposed large family day care home, as shown on the last equalized County assessment roll shall be notified of the intent to establish such a home. e) No hearing on the application for a permit shall be held by the Planning Commission unless a hearing is requested by the applicant or a property owner within 100 feet of the proposed home. The permit shall be granted if the large family day care home complies with the provisions of this code. f) Any day care home must comply with all regulations adopted and enforced by the State Fire Marshal and Orange County Fire Department. g) The rear yard of the home must be enclosed by a minimum six-foot high fence. h) The Planning Commission shall not grant a permit for a large family day care home for any location that has on the property a swimming pool as defined by Section 102 of the Uniform Swimming Pool Code, as adopted. 1 2 3 4 5 6 7 $ 9 10 11 12 13 14 15 16 17 18 19 2O 21 22 23 24 25 26 27 Resolution No. 2408 Page Three Any day care home must comply wi th the provisions of the State Uniform Building Code and City of Tusttn Building requirements which apply to single family residences. Any large day care home must provide one (1) off-street parking space for each employee who is not a resident of the premises, and provide drop-off and/or pick-up facilities on-site or immediately adjacent to the site as necessary to avoid interference with traffic and to promote the safety of chi 1 dren. k) An applicant for a large day care home shall be licensed or deemed to be exempt from ltcensure by the State of California as a large family day care home. 1) Nothing contained in the provisions of this amendment shall preclude the revocation for cause of any permit granted for a large family day care home following proceedings conducted by the Planning Commission to determine if said use is operated in a manner detrimental to the health, safety or welfare of the community or surrounding properties. PASSED AND ADOPTED at a regular meeting of the Tustin Planning Commission, held on the day of , 198 . PENNI FOLEY, Recording Secretary Charles E. Puckett, Chairman ORDINANCE NO. 911 2 3 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TUSTIN, CALIFORNIA, AMENDING VARIOUS SECTIONS OF THE TUSTIN CITY CODE ALLOWING LARGE FAMILY DAY CARE HOMES IN THE SINGLE-FAMILY RESIDENTIAL DISTRICTS (ZONING ORDINANCE AMENDMENT NO. 84-1) The City Council of the City of Tustin does' hereby ORDAIN as 4 follows: 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 I. Section 9221a of the Tustin City Code is hereby amended by addtng the fol 1 Dwi ng: 6. Large Family Day Care Homes, caring for seven to twelve children subject to the standards contained tn the R-10istrict regulations (Section 9223a.6.) II. Section 9222a of the Tusttn City Code is hereby amended by adding the following: 4. Large Family Day Care Homes, caring for seven to twelve children subject to the standards contained in the R-1 District Regulations (Section 9223a.6.). III. Section 9223a of the Tustt n Ct ty Code ts hereby amended by adding the fol 1 Dwi ng: 6. Large Family Day Care Homes, caring for seven to twelve children subject to the following regulations: a. Prior to commencement of operation, of any Large Family Day. Care Home, the applicant for a permit shall complete and submit an application to the Gommunity Development Department. Information provided on the permit shall include: name of operator; address of the home; and a list of property owners within 100 feet of the proposed day care home. b. Large family day care homes shall be operated in a manner not exceeding the noise levels in the Tustin Noise Ordinance, nor shall such day care homes be allowed to operate in a manner that would constitute a nuisance to neighboring properties. c. A permit shall not be granted for a large day care home that would be established within 300 feet of any existing licensed large family day care home. d. All property OWners within 100 feet of a proposed large family day care home shall be notified of the intent to establish such a home. e. If any written protest against permit issuance is received from any property owner within 100 feet 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 Ordinance No. 91. Page Z of the proposed ho~e, a hearing shall be conducted by the Planning Commission. Based on .testimony presented during the hearing pertaining to noise, traffic, parking, concentration .or spacing of such homes, the Planning Commission shall approve or deny the request for a large family day care home. f. Any day cam home must comply with all regulations adopted and enforced by the State Ftre Marshal and Orange County Fire Department. g. The rear yard of the home must be enclosed by a minimum six-foot (6') high fence. h. The Planntng Commission shall not grant a permit for a Large Family Day Care Home for any location that has on the property-a swimming pool. as defined by Section 102 of the Uniform Swimming Pool Code, as adopted. t. Nothing contained in the provisions of this amendment shall preclude the revocation for cause of any pemtt g~anted for a large family day care home following proceedings conducted by the Planning 'Commission to determine if said use is operated in a manner detrimental to the health, safety or welfare of the community or surrounding property. IY. Section 9224b of the Tusttn City'Code is hereby amended by adding the following: 12. Large Family Day Care Homes, caring for seven to twelve children subject to the standards contained in the R-1 District regulations (Section 9223a.6.). Ye Section 9228a of the Tusttn City Code ts hereby amended by adding the following: 6. Large Family Day Care Homes, caring for seven to twelve children subject to the standards contained in the R-1 District regulations (Section g223a.6.). VI. Section 9244d of the Tusttn City Code is hereby amended by adding the following: 5. Large Family Day Care Homes, caring for seven to twelve children shall be allowed as permitted uses in those areas designated for single-family residential land.uses, subject to the standards contained in the R-1 District regulations (Section g223a.6.). Ordinance No. 9._ : Page 3 · · · VII. Section 9297 Definitions of the Tusttn City Code ts hereby amended bY adding the following: $ 5 6 7 8 9 10 "Large Family Day Care Home" means-a family dwelling unit, non-institutional in character, properly licensed by the County of Orange, which provides day care only, for a maximum of twelve (12) children ages 18 years or younger, including the licensee's own children under the age of 12. VIII. A Negative Declaration for Zoning Ordinance Amendment No. 84-1 is hereby approved in conformance with the requirements of the California Environmental Quality Act. PASSED AND ADOPTED at a regular meeting of the Tustin City Council held on the 21st day of May , 1984. 11 12 13 ATTEST: 17 18 19 20 21 22 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 Ordinance No. gll was duly and regularly introduced and read at an adjourned regular meetln~ of the City Council held on the 7th day of May, 1984, and was given its second reading and duly passed and a~ed at a 23 regular meeting held on the 21st day of ~f, 1984, by the following vote: 24 AYES : COUNCILPERSONS: Edgar, Hoesterey, Saltarelli NOES : COUNCILPERSONS: None 25 ABSENT: COUNCILPERSONS: Greinke, Kennedy 28 SUI~ARY PUBLISHED IN TUSTIN NEWS: May 31, 1984 DATE: APRIL 13, 1986 Inter-Corn T0: CHRISTINE SHINGLETON, DIRECTOR OF COMMUNITY DEVELOPMENT FROM: CITY ATTORNEY SU8JECT: CITY REGULATION OF LARGE FAMILY DAY CARE HOMES We have prepared a draft ordinance amendinG Section 9223a(6) of -the Tustin City Code relating to large family day care homes. This amendment is designed to more carefully tailor the City's ordinance to the provisions of State law. As an example, the City's ordinance currently requires that a hearinG be conducted if a written protest is received. AccordinG to State law, no hearing shall be held unless it is specifically requested by the applicant or other affected person. In addition, the City's ordinance currently would permit the PlanninG Commission to deny the request for the permit based upon testimony relating to noise, traffic, parkinG, concentration or spacinG of such homes. However, Health and Safety Code Section 1597.46 mandates that the use permit be granted if the large family day care home complies with local ordinances that prescribe, standards or restrictions concerning spacing, concentration, traffic control, parking and noise control. The Code does not authorize the Planning Commis- sion to deny a permit based upon generalized comments about noise, traffic, and parking. While the City has adopted regulations regarding noise and spacing (i.e. no' homes within 300 feet of another home), the City has not adopted any particular regulations regarding traffic or parking. Before this proposed amendment is presented to the Planning Commission, you may wish to consider adding specific regulations for traffic and parking. In the interim, until the Code is amended, we recommend that staff reports to the Planning Commission be modified as we have provided in this mark-up of a prior staff report.. If you have any questions, please do not hesitate to contact Lois Jeffrey. '~t . City Attorney LEJ:lw:D:4/10/87(7) / cc: William Huston Mar~Ann Chamberlain, LOIS E. JEF Deputy City Attorney Planning Commission IMLTE: JUNE 8, 1987 SiJ,IECT: REPORT 011 COUE, TL ACTIONS- June 1, 1987 -~ Oral presentation. pef Attachments' Ctty Counctl Actton Agenda - June 1, 1987 Community Development Department A&'TION AGENDA OF A REGULAR METING OF ll(E lUSTIN CITY COUNCIL JUNE 1, 1987 7:00 P.M. 7=~ I. CALL TO ORDER ILl. P~ESEIIT I I. ROLL CALL III. PROCLAMATIONS ~ m~ PRESENTED ,JULY 6 1. SARAH COLEMAN, DIRECTOR, L. P. REPERTORY ~~TEO ll) MIC~L 2. KNIGHTS OF PYTHIAS, TUSTIN LODGE NO. 85 ~m~m~-~IT:l) ll)~MxmN O. 3. JOHN O. BRADLEY MEMBER OF KNIGHTS OF PYTHIAS FOR COMMUNITY SERVICE m~&~uEY ' , IV. PUBLIC HEARINGS BEIilERSED PLANNING CItBI]SSI ON' S OENIAL (IF tJSE PERMIT NO. 87-6 1. APPEAL OF PLANNING COMMISSION DENIAL OF USE PERMIT 87-6 - 14082 RED HILL AVENUE AT NISSON ROAD - RESOLUTION NO. 87-60 On April 20, 1987, Planning Commission denied Use Permit 87-6 for an off-site beer and wine sales license in conjunction with a gas station and mini market use based on non-conformance to recently adopted distance requirements for off-site sales establishments and overconcentration of outlets in the area (within 1,000 feet of four other off-site sales establishments). RESOLUTION NO. 87-60 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TUSTIN, UPHOLDING THE PLANNING. COMMISSION'S DENIAL OF USE PERMIT 87-6 FOR AN OFF-SITE BEER AND WINE SALES LICENSE AT 14082 RED HILL AVENUE ~Om~I'ED tRGENCY OBIII~IC£ NO. 987 Recommendation: Adopt Resolution No. 87-60 as recommended by the Community Development Department. · 2. EXTENSION OF MORATORIUM ORDINANCE - OLD TOWN RESIDENTIAL AREA - URGENCY ORDINANCE NO. 987 ORDINANCE NO. 987 - AN URGENCY ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TUSTIN, CALIFORNIA, EXTENDING THE MORATORIUM ON THE PROCESS- ING, APPROVAL OR ISSUANCE OF PERMITS FOR SUBDIVISIONS, CHANGES IN LAND USE OCCUPANCY AND ZONE CHANGES ON PROPERTIES IN THE RESIDENTIAL AREA OF OLD TOWN TUSTIN AS APPROVED BY ORDINANCE 984 Recommendation- M.O. - That Urgency Ordinance No. 987 have first reading by title only. M.O. - That Urgency Ordinance No. 987 be introduced. M.O. - That Urgency Ordinance No. 987 have second reading by title only. M.O. - That Urgency Ordinance No. 987 be passed and adopted. (Roll Call Vote, Four-fifths Required} CITY COUNC !.L.~A__GENDA P,~.,) 6_~ ~!,_8,7 URGENCY ORDIN/I~CE NO. 986 .: :' 3. -EXTENSION OF MORATORIUM ORDINANCE - NEWPORT AVENUE - URGENCY ORDI- NANCE NO. 986 . ORDINANCE NO. 986 - AN URGENCY ORDINANCE OF THE CITY COUNCIL OF TUSTIN, CALIFORNIA, EXTENDING THE MORATORIUM ON PROCESSING, ISSUANCE OF PERMITS OR APPROVALS OF ANY KIND FOR DEVELOPMENT PROJECTS OF PROPERTIES GENERALLY LOCATED ON THE EAST SIDE OF NEWPORT AVENUE BETWEEN SAN JUAN AND MAIN STREET AND ON THE WEST SIDE OF NEWPORT AVENUE BETWEEN THE I-5 FREEWAY AND MITCHELL AVENUE AS PREVIOUSLY ADOPTED BY ORDINANCE NO. 983 Recommendation: M.O. - That Urgency Ordinance No. 986 have first reading by 'title only. M.O. - That Urgency Ordinance No. 986 be introduced. M.O. - That Urgency Ordinance No. 986 have second reading by title only. M.O. - That Urgency Or~linance No. 986 be passed and adopted. (Roll Call Vote, Fourth-fifths Required) Ai~PROVED THE COLOR OF 4. APPEAL OF PLANNING COMMISSION DENIAL OF DEVIATION FROM TUSTIN PLAZA MASTER SIGN PLAN - BRISTOL SPAS, 13771 NEWPORT AVENUE, #7 ORANGE FOR THE SIGN BlAT SIGN TO BE BROUGHT lip TO CODE II~DIAT~Y Rr~/"~ING ECECTRICAL i On May 11, 1987, Planning Commission denied the applicant's request to deviate from the Master Sign Plan. Recommendation: Uphold the Planning Cmmission action denying devia- tion from the Tustin Plaza Master Sign Plan for Bristol Spas as recommended by the Community Development Department. . RICHARD VINING V. PUBLIC INPUT IglB QUESTIONS ABOUT THE PARKING STRUCTURE AND HANDICAPPED RAHPS ON PAIN STREET. ,]OSEPH HERZIG HAD QUESTIONS ABOUT ANNEXATION PROTEST SIGNATURES AND HAYOR EDGAR RESPONDED THAT THOSE QUESTIOI~ WILL BE ANSWERED AT ll~ JUNE ISTH I~ETING. VI. CONSENT CALENDAR AilPIIOVED 1. APPROVAL OF MINUTES - MAY 18, 1987, REGULAR MEETING APPROVED 2. APPROVAL OF DEMANDS IN THE AMOUNT OF $549,064.91 RATIFICATION OF PAYROLL IN THE AMOUNT OF $157,745.93 Al)OPTED RESOLUTION ~0. 87-59 3. RESOLUTION NO. 87-59 -A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TUSTIN DESIGNATING 'THE CITY ENGINEER AND THE CITY FINANCE DIREC- TOR TO ACT ON BEHALF OF THE CITY COUNCIL (For Correction/Cancella- tion of Special Assessments) Adopt Resolution No. 87-59 designating the City Engineer and the Finance Director to correct or cancel special assessments for weed abatement, street lighting, refuse disposal and landscape maintenance as recommended by the Finance Department. APPROVED STAFF RECOtI~NDATION 4. REJECTION OF CLAIM 'NO. 87-16; CLAIMANT: BURTSCHER, ROBERT F.; DATE OF LOSS: 2/15/87; DATE FILED WITH CITY: 4/29/87 Reject subject claim for personal injury in the amount of $5,000,000 as recommended by the City Attorney. 'CITy COUNCIL ACTION AGENDA Page 2 6-1-87 API'Ii)VEO STAFF ~ClII~qENDATION .NNIq'ED RESOLUT !011 ~0. 8,7-62 STAFF ~NDATION STAFF ~NDATION J~lq~fl&l~3} STAFF III~COI~r. NDAT IOII Jgq~llOVEi} STAFF RECOI~[ll}ATION 5. .REJECTION OF CLAIM NO. 86-51; CLAIMANT: GEORGE KOROL, M.D.; DATE OF LOSS:' 8/1/86; DATE FILED WITH CITY: 11/7/86 Reject subject claim for property damage in the amount of $1,112,000 as recommended by the City Attorney. 6. RESOLUTION NO. 87-62 -A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TUSTIN, ORANGE COUNTY, CALIFORNIA, AMENDING RESOLUTION NO. 87-58 (LANDSCAPE AND LIGHTING DISTRICT HEARING DATE) Adopt Resolution No. 87-62 amending Resolution No. 87-58 to set the hearing date for June 15, 1987, as recommended by the Public Works Department/Engi neeri ng Di vi si on. 7. SURPLUS MOWING EQUIPMENT Declare as surplus the following equipment: three 25" Tru-cut reel n~wers; four 21" snapper rotary mowers; four McLane edgers; one weed eater; and one backpack blower as recommended by the Public Works Department/Engineering Division. The equipment will be sold at the annual auction. 8. EL MOOENA-IRVINE CHANNEL EASEMENTS AND DEEDS Authorize the Mayor and City Clerk to execute E1 Modena-Irvine Channel documents on behalf of the City as recommended by Lhe Public Works Department/Engineering Division as follows: a) Quitclaim Deed (Quitclaims construction easement back to The Irvine Company which is no longer required by the City); b) Escrow Instruction Letter (Provides for opening of escrow account so that all documents can be processed in orderly manner with respect to stipulated order of execution/ recordati on); and c) The Irvine Company Easement to City of Tustin (Provides permanent blanket easement over flood channel facility for repair/maintenance of City inlets to the E1 Modena-Irvine Channel facility). 9. RELOCATION OF SCHOOL CROSSWALK ON BRYAN AVENUE Approve the sketch attached to the staff report showing reloca- tion of the existing school crosswalk on Bryan Avenue from the Utt Drive intersection to a new location near Charloma to serve residents in the senior citizens home at 1262 Bryan Avenue and school children in the local area as recommended by the Public Works Department/Engineeri ng Di visi on. 10. AGREEMENT BETWEEN THE CITY AND ASSESSMENT AND TREATMENT SERVICES CENTER (ATSC) Approve the agreement with ATSC for counseling services of youthful offenders at a rate of $200 per referral by the City; and authorize the City Manager to execute same as recommended by the Pol i ce Department. 11. RESOLUTION NO. 87-61 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TUSTIN, CALIFORNIA, AMENDING THE SCHEDULE FOR TUSTIN CITY CODE VIOLATIONS Adopt Resolution No. 87-61 as recon~nended by the Police Depart- ment. VII. ORDINANCES FOR INTRODUCTION - None APPROVED STAFF I~CON~NOATION APPROV~ STAFF IIEC(#IENOATIOII STAFF I~~ATION VIII. ORDINANCES FOR ADOPTION - None IX. OLD BUSINESS 1. EVENINGSIDE/RAINBOW ANNEXATION NO. 139 On May 26, 1987, Council received and filed written protests on sub- ject annexati on. R.econmmndation: Continue certification of the value of written protests for subject annexation to June 15, 1987, as recommended by the City Clerk. 2. LA COLINA/BROWNING ANNEXATION NO. 140 On May 26, 1987, Council received and filed written protests on sub- ject annexati on. Recommendation: Continue certification of the value of written protests for subject annexation to June 15 1987 as recommended hy the City C1 e rk. ' ' X, NEW BUSINESS 1. ASSEMBLY BILL 2190 (CHACON) MANDATORY DISTRICT ELECTIONS At its meeting on May 18, 1987, Councilman Hoesterey requested sub- ject item be agendized for Council consideration. Recommendation: Direct staff to continue active opposition to Assembly BilF 2190 as recommended by the Administrative Services Department. 2. AWARD OF CONTRACT FOR ASPHALT CONCRETE REHABILITATION.AND OVERLAY PROJECT, 1986-87 FISCAL YEAR Bid opening for subject project was held on May 26, 1987. The low bid is 3.9% below the engineer's estimate of $222,525. Recon~ndation: Award the contract to R. J. Noble Company, Orange, in the amount of $213,941.55 for subject project as recommended by the Public Works Department/Engineering Division. 3. JAMBOREE ROAD EXTENSION THROUGH MCAS A joint project with the City of Irvine and The Irvine Company. The consultant has incurred additional costs on design work which have been reviewed and found acceptable to all parties by verbal response. Tustin's share of the change order is $24,014. Recommendation: Authorize execution of the extra work change order to Church Engineering, Inc., in the amount of $147,810 to cover ~ extra design work on the Jamboree Road extension plans, subject to receipt of written concurrence from both the City of Irvine and The Irvine Company as recommended by the Public Works Department/Engi- neeri ng Di vi s i on. CITY COUNCIL ACTION AGENDA pa~_~..4~ ~-~1~-]~7 4. 1987-88 ADVANCE FROM THE GENERAL FUND TO THE SOUTH CENTRAL PROJECT AREA (Reference Redevelopment Agency Agenda Item No. 4) · Completion of various Agency projects in the South Central Project Area require an additional $600,000 advanced from the General Fund. Recommendation: Authorize the Mayor and City Clerk to execute the agreement between the City of Tustin and the . Tustin Community Redevelopment Agency directing the advance of an additional $600,000 to the South Central Project Area to carry out the programs of the Redevelopment Agency during the 1987-88 fiscal year as recommended by the Finance Di rector. · · REPLACEMENT OF FORD TRACTOR MOWER - Replacement of a mower currently out of service and in need of $5,000-$7,000 worth of repai rs. I10. 87-63 .~D STAFF Recommendation: Waive the formal competitive bid procedure; and authorize the purchase of a reconditioned Hydro-Power 180 mower from Bob Hicks Turf and Equipment at a cost of $23,000 to replace the Ford tractor and Gang Reel mower as recommended by the Public Works Department/Engi neeri ng Di vi si on. 6.. FINAL ACCEPTANCE OF PUBLIC IMPROVEMENTS - CURBS, GUTTERS & CROSS- GU1-FERS, "A" STREET FROM MAIN TO SECOND - RESOLUTION'NO. 87-63 RESOLUTION NO. 87-63 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY · OF TUSTIN ACCEPTING WORKS OF IMPROVEMENT AND AUTHORIZING RECORDATION OF NOTICE OF COMPLETION RleCon~ndation: Adopt Resolution No. 87-63; and assuming no claims or Stop payment notices are filed, 30 days after date of recordation of Notice of Completion, authorize payment of the final 10% reten- tion amount ($3,902.57 - Bruce Paving Company}as recommended by the Engineering Di vision. 7. NITRATE REMOVAL DEMONSTRATION PROJECT Recommendation: Request the Orange County Water District to award the contract for the Tustin Nitrate Removal Demonstration Project to Gaco Systems, Inc. in the amount of $1,264,800 and authorize the preparation of a supplemental agreement to the original January, 1985, agreement to provide for the City's acquisition of the project from OCWD at the end of the two year demonstration period per the following: a. Payment of $ 800,000 at end of demonstration period, b. Annual payments at interest rate of 8% based upon actual City cost savings of pumped water vs. purchased water until the balance of $464,000 is paid as recommended by Public Works Dept. Xl. REPORTS RATIFIED 1. PLANNING COMMISSION ACTIONS - MAY 26, 1987 Recommendation: Ratify the Planning Commission Action Agenda of May 26, 1987. .~COUNC IL ..ACTI 0[~ ,,AGENDA PacLe ~'~.. Ti) STUDY ENTIRE 2. TRAFFIC SIGNAL AT NEWPORT AVENUE & OLD IRVINE BOULEVARD m ~ RI~PORT BA~K TO illmE CITY CI)U#~IL Mayor Edgar requested staff report on t'he possibility of signalizing subject intersection and provide a cost estimate for same., Recommendation: Pleasure of the City Council. IIIl$11)ll XII. OTHER BUSINESS IIEalI~I~IED THAT 111E PJIRK PLANNI~ gORKSHOP SHOULD BE POSTPONED TO A LATER DATE. ~ TO XIII. CLOSED SESSION Frei 111ESE II~.ASOIIS: 1) Consider legal matters pursuant to Government Code Section 54956.9; and 2) Give instructions to the City negotiator regarding a portion of the property located at the northeast corner of Red Hill Avenue and Walnut Avenue pursuant to Government Code Section 54956.8. 9:01 XIV.. ADJOURNMENT To the next Regular Meeting on June 15, 1987, at 7:00 p.m. CITY COUNCIL ACTION AGENDA ACTION AGENDA oF A REGULAR I~£TING OF THE TUSTIN REDEVELOPIqENT AGENCY _ JUNE 1, 1987 7:00 P.M. 9:01 1. ALL PRESENT 2. CALL TO ORDER ROLL CALL APPROVED 3. APPROVAL OF MINUTES - MAY 18, 1987, REGULAR ~EETING Recommendation: Approve. APPROVED STAFF 4. RECOI~NOATIOll 1987-88 ADVANCE FROM THE GENERAL FUND TO THE SOUTH CENTRAL PROJECT AREA Completion of various Agency projects in the South Central Project Area require an additional $600,000 advanced from the General Fund. Recommendation: Authorize the Chairman and Secretary to execute the agreement between, the City of TuStin and the Tustin Community Redevelop- ment'Agency directing the advance of an additional $600,000 to the South Central Project Area to carry out the programs of the Redevelopment Agency during the 1987-88 fiscal year as recommended by the Finance Di rector. NOllE 5. OTHER BUSINESS 9:02 6. ADJOURNMENT To the next Regular Meeting on June 15, 1987, at 7-00 p.m. .... REDEVELOP~NT ,,AF~F NC Y_JtC.T_._LO~~ Ra.o~e,, 'L - ........ 6.~1 ~87 Departmental Status Report ITEM NO. 9 SUIMECT: ~IUNE 8, 1987 MEETING illTH SOUTHERN COUNTY CITIES PLANNING COW4ISSION MEMBERS RECO~ENOED ACTION: Recetve and ft le. $11IIARY: Contact has been made wtth Mr. Bob Rusby to conftrm the Commission's t nterest in 'participating tn a meettng wtth representatives of the County of Orange Planntng Comtsston and other Planntng Commissioners from southern Orange County ctttes. Once a meettng ttme has been set, the County of Orange wtllcontact the Community Oevelopment Department as to the detatls. As soon as thts Information ts · available, the Tusttn Commission's appointed revolving representatives wtll be not1 fte d. L LCP: per Christine Sht ngl-eto~n~~ Otrector of Community Development Planning Commission SUB3ECT: OUNE 8, 1987 DEPARTIRENT OF COIqlRUNITY DEVELOPIqENT SIJI~IARY OF #ORK PROOECTS. I)ISCUSSIOII In addttton to preparing documents and reports for Planning Commission consideration, the Community Development Department ts responsible for a wide variety of activities. Attached as an information item for the Commission ts a copy of the Departments current work projects. These projects are tn addition day to day operations such a code enforcement, structural plan check and ;sponse to public inquires. As indicated by the summary, report, the Community Development Department ts tnvolved wtth Annexation proceedings, Redevelopment Agency activities, revisions to technt ca1 documents, long range planntng projects, and standard admt nt stratt ve functt OhS. The Information provtded wtll give the-Commtsstoh an overview of department, and to some extent Ct*ty wtde, project status. The Commission will continue to review these reports on a regular basts. 3SD:CA :ts Attachments: Department of Community Development Summary .of Work Projects ...... ',~,,~, ',__~ Develooment De~n3_eBj~ ;I .c~ E .C~ E o c: u C 4~ c: 4-~ 0 '~ 0 o 0 il '1 c x c: u CD 0 il c c c c c 0 cl. 0 cz c !1 c ici c c_ c c C S. _J C c c c !1 ;I c c 0 c~ X c t~ c 0 c c 0 ~ 0 cc~ c c 0 c I il c::: e-, e- e-' .C:~ 00,~ r~ I~o:)cor~. E. 00 !! o