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HomeMy WebLinkAboutPlanning Commission #1 8-17-87 : ~ REPORTS REGULAR HE~i'I NG AUGUST 10, 1987 CALL TO ORDER: 7:30 p.m., City Council Chambers PLEDGE OF ALLEGIANCE/INVOCATION ROLL CALL: Present: Well, Puckett, Baker, Pontious Absent: Le Jeune PUBLIC CONCERNS: (Limited to 3 minutes per person for items not on the agenda) IF YOU WISH TO SPEAK TO THE COMMISSION OH A SUBJECT, PLEASE FILL OUT THE CARDS LOCATED ON THE SPEAKER'S TABLE. ALSO, PLEASE GIVE YOUR FULL NAME AND ADDRESS FOR THE RECORD. There ~ere .o public concerns. CONSENT CALENDAR: (ALL MATTERS LISTED UNDER CONSENT CALENDAR ARE CONSIDERED ROUTINE AND WILL BE ENACTED BY ONE MOTION. THERE WILL 8E 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 July 27, 1.987 Planning Commission Meeting 2. Temporary Waiver of UnderQround Utility Requirements Comtssioner Baker moved, Ponttous seconded to approve the consent calendar, gotton carrted 4-0. PUBLIC HEARINGS 3. ZontnQ Ordinance Amendment No. 87-3 Subject: Beverage Container Recycling Facilities Resolution No. 2424: A Resolution of the Planning Commission of the City of Tustin Recommending to the City Council that the Tustin Municipal Code be amended by adoption of Zoning Ordinance Amendment No. 87-3 to permit redemption centers for recyclable beverage containers in the C-1, C-2 &.PC, Zoning Districts Presentation: Steve Rubin, Senior Planner Planning Commission Action Agenda '~ugust 10, 1987 .'age two Commissioner Puckett moved, Ponttous seconded to approve Zontng Ordinance Amendment No. 87-3 by the adoption of Resolution No. 2424 pith the following changes: Section TZ. B. 10. 'Plat ntat ned free of litter, pests, vermin and any other undesirable materials at all times.' and Section ;T. C. 4. 'Site shall be maintained free of lttter, pests, vermin and any other undesirable mtertals at all times and shall be cleaned of loose debris on a daily basis.' Notlon carried 4-0. NEll BUSZNESS 4. Status of Old Town Zontn~l Study Presentation: Steve Rubin, Senior Planner Commissioner Baker moved, Puckett seconded to receive and ftle the status report on Old Toffn Zoning Study. Plotton carried 4-0. 5. SUMMARY OF t~ORK PROJECTS - AUGUST, 1987 Presentation: Steve Rubtn, Senior Planner STAFF CONCERNS 5. Report on actions taken tn the August 3, 1987 City Council meeting Presentation: Steve Rubtn, Senior Planner COHNTSSTON CONCERNS Chairman 14e~1 proposed that one or tffo embers of the Planning Commtsston attend the Design Revted meetln§s Ntth the applicants. C~tstoner Puckett added that the Chairman .ould be an excellent chotce as a representative for the' Conmtsston. Commissioner Baker inquired on the status of the School District's sutt against the City and encouraged attendance of the San Diego Pipeline $coplng meetlng on August 18, 1987 AD&OURNHENT At 8:10 p.m. Commissioner Baker moved, Puckett seconded to adjourn to the next regularly scheduled Planning Commission meeting on August 24, 1987 at 7:30 p.m. r4otton carried 4-0. AGENDA TUSTIN PLANNING COHHISSION REGULAR HEETING AUGUST 10, 1987 CALL TO ORDER: 7:30 p.m., City Council Chambers PLEDGE OF ALLEGIANCE/INYOCATZON ROLL CALL: Puckett, Net1, Baker, Le Oeune, Ponttous PUBLIC CONCERNS: (Limited to 3 minutes per person for items not on the agenda) IF YOU WISH TO SPEAK TO THE COMMISSION ON A SUBJECT, PLEASE FILL OUT THE CARDS LOCATED ON THE SPEAKER'S TABLE. ALSO, PLEASE GIVE YOUR FULL NAME AND ADDRESS FOR THE RECORD. CONSENT CALENDAR: (ALL MATTERS LISTED UNDER CONSENT CALENDAR ARE CONSIDERED ROUTINE AND WILL BE ENACTED BY ONE MOTION. THERE WILL BE NO SEPARATE DISCUSSION OF THESE ITEMS PRIOR TO THE TIME OF THE VOTING ON THE MOTION UNLESS MEHBERS OF THE COMMISSION, STAFF OR PUBLIC REQUEST SPECIFIC ITEHS TO BE DISCUSSED AND/OR REMOVED FROM THE CONSENT CALENDAR FOR SEPARATE ACTION.) 1. Minutes of July 27, 1987 Planning Co,,,,,lssion Meeting 2. Temporary Waiver of Under,round Utility Requirements PUBLIC HEARINGS 3. Zontng Ordinance Amendment No. 87-3 Subject: Beverage Container Recycling Facilities Resolution No. 2424: A Resolution of the Planning Commission of the City of Tustin Reco,m~nding to the City Council that the Tustin Municipal Code adoption of Zoning Ordinance Amendment No. 87-3 to permit redemption centers for recyclable beverage containers in the C-1, C-2 & PC, Zoning Districts Presentation: Steve Rubtn, Senior Planner OLD BUSINESS NE~ BUSINESS Status of Old Town Zoning Study Presentation: Laura Cay Pickup, Associate Planner Planning Commission Agenda August 10, 1987 -~age t~o 5. SUMMARY OF WORK PROJECTS - AUGUST, 1987 Presentation: Christine Shingleton, Director of Community Development STAFF'CONCERNS 5. Report on actions taken in the August 3, 1987 City Council meeting Presentation: Christine Shingleton, Director of Community Development CQHNZSSZON CONCERNS ADJOUR~ENT Adjourn to the next regularly scheduled Planning Commission meeting on August 24, 1987 at 7:30 p.m. MINUTES TUSTIN PLANNING COMMISSION REGULAR MEETING JULY 27, 1987 CALL TO ORDER: 7:30 p.m., City Council Chambers PLEDGE OF ALLEGIANCE/INVOCATION ROLL CALL: Present: Puckett, Wetl, Baker, Le Oeune, Ponttous REORGANIZATION: (The Chairman will open the meeting up to nominations from the Commission for Chairman. Upon election of a Chairman, new Chairman will open nominations and hold. election of Vi ce-Chai rman. ) Commissioner Le Jeune moved to nominate A1 Baker as Chairman. Commissioner Puckett nominated Kathy Well for Chairman. Commissioner Baker moved that nominations close, Pontious seconded. Vote for Chairman: Baker - 1, Well - 4. Chairman Well opened nominations for Chairman Pro-rem. Commissioner Pontious moved, Puckett seconded to nominate A1 Baker. Commissioner Well asked that Commissioner Baker be elected unanimously as Chairman Pro-rem. All unanimously agreed. PUBLIC CONCERNS: (Limited to 3 minutes per person for items not on the agenda) IF YOU WISH TO SPEAK TO THE COMMISSION ON A SUBJECT, PLEASE FILL OUT THE CARDS LOCATED ON THE SPEAKER'S TABLE. ALSO, PLEASE GIVE YOUR FULL NAME AND ADDRESS FOR THE RECORD. ,CONSENT CALENDAR: (ALL MATTERS LISTED UNDER CONSENT CALENDAR ARE CONSIDERED ROUTINE AND WILL BE ENACTED BY ONE MOTION. THERE WILL BE NO SEPARATE DISCUSSION OF THESE ITEMS PRIOR TO THE TIME OF THE VOTING ON THE MOTION UNLESS MEMBERS OF THE COMMISSION, STAFF OR PUBLIC REQUEST SPECIFIC ITEMS TO BE DISCUSSED AND/OR REMOVED FROM THE CONSENT CALENDAR FOR SEPARATE ACTION.) 1. Minutes of June 29, 1987 Planning Commission Meeting Commissioner Le Jeune moved, Puckett seconded to approve the consent calendar. Motion carried 5-0. 2. USE PERMIT 87-13 Applicant/Property ' Owner: Mr. Duskin Keller and Mr. Tim Keller 18826 Windwood Lane, Santa Aha, Ca 92705 Location: 210 S. Pacific Street Request To build a 2360 Square foot second single family unit Planning Commission Minut July 27, 1987 Page two Resolution No. 2417 Resolution of the Planntng Commission of the City of Tusttn authorizing construction of a 2360 Square foot second single family unit at 210 S. Pacific Street Presentation: Laura Cay Pickup, Associate Planner The public hearing was opened at 7:45 p.m. An unidentified resident asked if the trees would be removed from the property. Mr. Tim Keller, 1286 Jamestown Way, Orang~, noted that he would try to save as many of the existing trees as possible. The public hearing was closed at 7:47 p.m. A discussion followed between staff and the Commissioners regarding parking, turning radius, lack of letters of opposition, underground utilities and occupancy. Commissioner Puckett moved, Baker seconded, to approve Use Permit 87-13 by the adoption of Resolution No. 2417. Motion carried 5-0. 3. Zone Chan~e 87-1, 87-2 General Plan Amendment 87-1 ~pplicant: City of Tustin 300 Centennial Way Tustin, California 92680 Location: Properties located on the west side of Newport Avenue between the I-5 Freeway and Mitchell Avenue and on the east side of Newport Avenue between Main and San Juan Streets Resolution No. 2413 A Resolution of the Planning Commission of the CiTM of Tustin, California, recommending that the City Council amend the Land Use Element of the General Plan (General Plan Amendment 87-1) for properties generally located on the east side of "B" Street south of the I-5 Freeway from (M-F) Multi-family and (C) Commercial to the {PC-C) Planned Community Commercial Distlct Resolution No. 2412 A Resolution of the Planning Commission of the City of Tustin, recommending Zone Change 87-1 to rezone properties generally located east.of Newport Avenue between Main Street and San Juan from {CG) Commercial General and (CG-PUD) Commercial General Planned Unit Development to {PC-C) Planned Community Commercial Resolution No. 2414 A Resolution of the Planning Commission.of the City of Tusttn, recommending Zone Change 87-2 to rezone properties generally located west of Newport Avenue between the I-5 Freeway and Mitchell Avenue from Multiple Family Residential {R-3) and Retail Commercial (C-1) to Planned Community Commercial {PC-C) solution No. 2411 A Resolution of the Planning Commission of the City of Tusttn, establishing guidelines for review of Conditional Use Permit applications and proposed development plans on properties located in the Planned Community Commercial District Planning Commission Minut~ July 27, 1987 Page three Presentation: Laura Cay Pickup, Associate Planner The public hearing was opened at 8:05 p.m. The public hearing was closed at 8:06 p.m. The Commission noted that staff did a very good job on the July 13th workshop in clearing up any areas of concern. Chairman Well clarified how the sale of property would affect a non-conforming use. Staff read a letter from Mr. George Watson, owner of 18112 - 18136 Main Street. His letter stated that he hopes that if this proposal passes, the City will help motivate land owners toward lot consolidation. Commissioner Puckett moved, Baker seconded to recommend to City Council amendment of the Land Use Element of the General Plan by the adoption of Resolution No. 2413. Motion carried 5-0. Commissioner Puckett moved, Baker seconded to recommend Zone Change 87-1 by the adoption of Resolution No. 2412. Motion carried 5-0. Commissioner Puckett moved, Baker seconded to recommend Zone Change 87-2 by the adoption of Resolution No. 2414. Motion carried: 5-0. Commissioner Puckett moved, Baker seconded to established guidelines for review of Conditional Use Permit applications and proposed development plans on properties located in the Planned Community Commercial District by the adoption of Resolution No. 2411. Motion carried 5-0. 4. Use Permit 87-14 and Variance 87-04 Applicant: Mr. Don Greinke on behalf of Southern Counties Oil Location: 13918 - 13922 Newport Avenue and 1016 - 1022 Bonita Avenue, parcels are continguous Request: Use Permit 87-14 to authorize a self-service, card-locking commercial fuel facility at the subject address and to install an eight (8) foot block wall at the subject address; and Variance 87-04 to authorize the placement of a sign in the front setback area and to authorize placement of a freestanding control building within a side yard setback area. Resolution No. 2420 A Resolution of the Planning Commission of the City of Tustin, approving Use Permit 87-14 authorizing a 24 hour self-service commercial fuel pumping operation and an eight (8) foot high block wall on the properties known as 13918-13922 Newport Avenue and 1016-1022 Bonita Avenue Planning Commission Minut July 27, 1987 Page four Resolution No. 2421 A resolution of the Planning Commission of the City of Tustin, approving Variance application 87-04 authorizing placement of a business identification sign in a 15' highway setback area and authorizing a free-standing building within the required side yard setback area for the properties located at 13918-13922 Newport Avenue and 1016-1022 Bonita Avenue Presentation: Jeffrey S. Davis, Senior Planner A discussion followed between staff and Commissioners regarding engineering analysis, dedication of right-of-way, the one year truck usage clause, block wall treatments, the status of the public alley and lack of negative response received by staff. The public hearing was opened at 8:33 p.m. Mr. Frank Greinke, 230 S. "A" Street, Tustin, Ca., President of Southern Counties Oil Company, referenced Resolution No. 2420 and asked that the one year truck usage clause, the eight foot fence requirement and the public right-of-way requirement be removed and that the public alley and 44 foot curb cuts be added. Mr~ Greinke and the Commission further discussed the clientele, parking spaces on-site, specific location of the building, the surrounding residential area, equipment noise and the alleyway. )r. Gerold Leonardint, for Pearl Holland, 1052 Bonita, Tustin, asked for clarification that this would be a commercial use and not strictly as a Southern Counties Oil truck refueling facility. It was noted that the station is a commercial facility that is open 24 hours. Ms. Jo Fairchild, 1022 Bonita, TUstin, expressed concerns about safety, noise, traffic patterns, the 8' wall and operation times. Mr. Bob Mason, 1051 Bonita, Tustin, stated that he was opposed to the project due to the proximity to a residential area and the potential traffic hazard. Ms. Pearl Holland, 1052 Bonita, Tustin, noted that the neighbors are upset with this project. Mr. Kevin Mc Laughlin, 1095 Bonita, Tustin, noted concern with the potential stacking up of trucks and the traffic on Bonita. Ms. Sherry Borden, 1091 Bonita, Tustin, noted concerns over traffic on Bonita. Ms. Jennifer Lea White, 1095 Bonita, Tustin, noted her opposition due to her concern for child safety and the use of Bonita by large trucks. Ms. Sari-Jane Globerman, 1011 Bonita, Tustin, noted concern regarding the trucks 9topping on the corner of Newport and the turning radius. '. Gil Kveen, 1111 E1Camino Real, Tustin, asked if the alley access could be one ..ay to assure that the alley was not used as ingress to the gas station. Planning Commission Minutes July 27, 1987 Page five Mr. Leonardtnt spoke again regarding the welght limit on the streets. Mr. Don Greinke, Vice-President of Retail and Operations for Southern Counties 011 stated that the ingress would be from Newport and the egress onto Bonita would only be a left turn. He said that the station use would be for qualified users only and that the amount of traffic would remain relatively the same as the existing station. Currently there are approximately 73 trucks per day at the station. After some discussion between the Commission, some residents, staff and Mr. Greinke regarding the possible traffic jam created by a truck turning left on Newport, staff stated that that was the purpose of the traffic engineering study. The publtc heartng was closed at 9:50 p.m. After some discussion Commissioner Puckett moved, Le Jeune seconded to approve Use Permit No. 87-14 by the adoptton of Resolution No. 2420 with the noted items to be changed as follows: [[. 8. Dedication and improvement of street right-of-way for a 22' X corner cutoff at the corner of Newport and Bonita unless waived by the City Counctl. Z[. 9. (g). Driveways permitted to a maximum width of 44' and to Engineering Construction Standards. [[. 30. Shrubs shall be a minimum of five (5) gallon size. Trees shall be spaced a mlntmum of eight (8) feet on center when Intended as screen planting. All eucalyptus trees on-site may be a minimum of 15 gallon size with the exception of those additional carrotwoods located at entry points (minimum of 3 trees) which shall be a minimum of 24" box size. I[. 36. Service for large trucks, those In excess of 30 feet In length, at thetr locatton shall be relocated upon completion of an alternative truck service fuel factlity not to exceed [8 months from the date of approval of Use Permit 87-14 subject to any applicant renewal requests reviewed and approved by. the Planning Commission. Morton carrted 5-0. A recess was called at 10:10 p.m. The meeting was called back to order at 10:20 p.m. Commissioner Le Jeune moved, Baker seconded to approve Variance No. 87-04 by the adoptton of Resolution No. 2421. Notion carried 5-0. 5. Use Permtt NO. 87-15 & Variance No. 87-03 Applicant: 30th Street Architects on behalf of Ruby's Restaurant Owner; John Prescott Location: Ruby's Restaurant 205 E1 Camino Real - SE Corner of E1 Camino Real and Second Street Planning Commission Minutes July 26', 1987 Page six Request: Authorization for an On-site beer and wine license, Type 41. Parking Variance permit nine (9) instead of the required 35 parking spaces. Resolution No. 2418 A resolution of the Planning Commission of the City of Tustin, authorizing a beer and wine license for on-site sales at 205 E1 Camino Real Resolution No. 2419 A resolution of the Planning Commission of the City of Tustin, approving Variance No. 87-03, allowing an existing non-conforming restaurant at 205 E1Camlno Real to vary with the parking requirements in the C-2 zone. Presentation: Patrizia Materassi, Planner The public hearing was opened at 10:35 p.m. Mr. John Loomis~ 30th Street Architects, 2821 Newport Blvd, Newport Beach, Ca. 92663, representing Mr. Doug Cavanaugh, the applicant, stated that he had reviewed the report with Mr. Cavanaugh and there were no problems. The applicant, however, requests that the Commission waive the requirement for the additional four (4) parking spaces. He would also like condition No. 4 struck from the list of conditions in Exhibit A to Resolution No. 2419. The public hearing was closed at 10:45 p.m. There was a discussion between the Commission, staff and the applicant regarding parking, the parking district, screening and guidelines. Commissioner Le Jeune moved, Baker seconded to approve Use Permit No. 87-15 by the adoption of Resolution No. 2418 with the following items be added: I. C. 5 The project complies with guidelines for approval of Alcoholic Beverage license contained in Planning Commission Resolution No. 2396. II. I. Applicant to comply with all conditions of approval of Planning Commission Resolution No. 2419. Motion carried 5-0. Commissioner Le Jeune moved, Baker seconded to approve Variance No. 87-03 by the adoption of Resolution No. 2419 with the following changes: Resolution No. 2419 II. The Planning Commission approves Variance No. 87-3 to permit 13 instead of the required parking spaces pursuant to Section 9232 C from the parking requirements of C-2, subject to conditions attached hereto in Exhibit "A". Planntng Commission Mtnut~_ July 27, 1987 Page seven Resolution No. 2419, Exhibit A. 7. Provide detailed information regarding colors, materials and textures of all exterior architectural elements which surround the outdoor dining area; such as block wall, concrete paving, planters and treatment of tree wells. Said screening shall be of solid enclosed material not just pipe-rail proposed on preliminary plans subject to approval of Director of Community Development. Also include pedestrian walkway, stairs and handicap ramp. Motion carried 5-0. 6. Amendment No. I to Use Permit 87-7 Applicant: Mr. Mark Dotta on behalf of Red Hill Lutheran Church Location: 13200 Red Hill Avenue Owner: Red Hill Lutheran Church Request: Authorization to add 2,100 square feet of storage space in a basement. Resolution No. 2422: A Resolution of the Planning Commission of the City of Tustin, California, approving Amendment No. 1 to Use Permit 87-7 authorizing 2,100 square feet of basement storage at 13200 Red Hill Avenue. Presentation: Jeffrey S. Davis, Senior Planner The public hearing was opened at 11:01 p.m. The public hearing was closed at 11:02 p.m. Commissioner Puckett moved, Le Jeune seconded to approve Amendment No. 1 to Use Permit 87-7 by the adoption of Resolution No. 2422. Motion carried 5-0. OLD BUSINESS NEW BUSINESS 7. NeOn Sign for Saba's Market Presentation: Laura Cay Pickup, Associate Planner Commissioner Pontious moved, Baker seconded to issue a Minute Order to deny the design of the neon sign. Motion carried 5-0. Commissioner Puckett moved, Pontious seconded to approve the Sign on Exhibit B of the staff report by Minute Order. Motion carried: 5-0. STAFF CONCERNS 8. Report on Actions Taken at July 6, 1987 City Council Meettn~ Presentation: Christine Shingleton, Director of Community Development Planning Commlsslon Minutes July 27, 1987 Page eight 9. Report on Actions Taken at July 20, 1987 City Council Meeting Presentation: Christine Shlngleton, Director of Community Oevelopment COMMISSION CONCERNS Commissioner Le Jeune noted concern regarding large truck parktng on'Pacific and 5th Street. Commissioner Puckett requested that staff agendlze shorter items first. Chairperson Wet1 suggested that the Commission might be able to keep a ltst of banners they notice within town. Commissioner Le Jeune asked staff to look lnto the center on Newport and Mc Fadden regarding banners and outdoor seattng. Commissioners Ponttous and Le Jeune are attending the Joint South Orange County Planning Commissioners meeting in September. AD~OURI~ENT Commissioner Puckett moved, Baker seconded to Adjourn to the next regularly scheduled Planning Commission meettn9 on August 10, 1987 at 7:30 p.m. Morton carried by unanimous consent. Kathy Wetl Chairman Penni Foley Secretary Planning Commission DATE: AUGUST 10, 1987 SUBdECT: TEFtPORARY #AIVER OF UNDERGROUND UTILITY REQUIREMENTS APPLICANT[ PROPERTY ONNER: HR. PAT LESTER FISHER AND LESTER 219 ALBERT PLACE COSTA MESA, CA 91627 LOCATION: 12932-NENPORT AVENUE, UNIT 5 ZONING: C-1: RETAIL COt~IERCIAL REQUEST: AUTHORIZATION TO TEgPORARILY NAIVE THE REQUIREMENTS FOR UNDERGROUNDING ELECTRICAL SERVICE AS REQUIRED BY SECTION 8402 OF THE TOSTIN CITY CODE. RECOI~ENDATION: It fs recommended that the Planning Commission approve a temporary waiver of requirements for underground uttl~ty service by the adoption of Resolution 2423. SIJII~RY: As part of a recent renovation project, Red H~ll Cleaners Is Installing a new electrical service for their buslness at the subject location. According to Section 8402 of the Municipal Code, thts service must be undergrounded unless a temporary waiver ~s approved by the Planning Comm~ssfon. The applicant has requested a waiver of the underground utility requirements because the ex~sttng uttlfty pole services approximately nfneteen (19) other businesses In the same shopping center. Therefore, tf the applicant undergrounds the utfllt~es at the subject s~te, the uttl~ty pole wtll remain ~n place. According to the Public Works Department, no plans for underground~ng utilities at th~s location are expected unless an underground utilities district ts formed covering th~s property tn the future. ANALYSIS: The Planning Commission has granted stm~lar requests for a temporary wafver of Community Development Department J Planning Commission Report Utility Waiver for 12392 Newport Ave., Unit 5 page two undergrounding utilities. An appropriate Declaration of Covenants and Restrictions has been drafted by the City Attorney and the applicant has agreed to record this Declaration with the deed to the property. Should the Commission find that this temporary waiver is acceptable, the following conditions would apply: 1. The waiver of underground utilities is temporary only, and electrical service shall be undergrounded when the utility pole is removed. 2. The undergrounding of utilities will be at the expense of the property owner. 3. A Declaration of Covenants and Restrictions shall be recorded with the deed to the property and shall apply to the current property owner and his/her successors if the property is sold. 4. If an underground utility district is formed, the applicant agrees to support this district formation. With these conditions, staff considers this request appropriate and recommends approval of the temporary waiver with the conditions contained in Resolution No. 2423. ~Pickup,-- f J Christine A. Shtngleto~/ Associate Planner ~J Director of Community Development LCP:ts attachments: Resolution No. 2423 Declaration of Covenants and Restrictions Letter from applicant ~'~ Corn rnunity DeveloPrne,nt Depar~nnent ~ RESOLUTION NO. 2423 3 . A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF TUSTIN, CALIFORNIA AUTHORIZING A TEMPORARY WAIVER 4 OF THE UNDERGROUND UTILITY REQUIREMENTS (T.C.C. SECTION 8402) AT 12392 NEWPORT AVENUE, UNIT 5. 5 '6 The Planning Commission of the City of Tustin does hereby resolve as follows: I. The Planning Commission finds.and determines .as follows: A. Section 8402 of the Tustin City Code requires undergrounding of g electrical service whenever there is a change in occupancy, or installation of new electrical service at a commercial building. 10 B. The applicants, Mr. Lester and Mr. Fisher have requested a 11 waiver of the requirements of Section 8402 pursuant to Sections 8042 (d) and (e). C. Practical diffficulttes and an unnecessary hardship exist at 13 12393 Newport Avenue, Unit 5, as evidenced by the following findings: 1. Underground utilities have not been established for 15 nineteen (19) other units which use the same utility pole as 12392 Newport Avenue, Unit S. 2. Undergrounding of utilities at this site would not result l? in removing the existing utility pole in that nineteen {19) other other shops on the same property will continue to use 18 this type of service. ]9 3. The applicants have agreed to sign and record on the deed to the property located at 12392 Newport Avenue, Unit S, a 20 Declaration of Covenants and Restrictions as deemed appropriate by the City Attorney and as proposed in Section 21 8402 (e) of the Tustin City Code. 22 D. This project is categorically exempt, Class 1, from the requirements of the California Environmental Quality Act. 22 II. The Planning Commission hereby authorizes a temporary waiver of underground utility requirements, pursuant to Section 8402 with the 2~ following conditions: 25 A. The waiver of underground utilities is temporary only, the electrical service shall be undergrounded when the utility pole 26 is removed. 27 B. The undergrounding of utilities will be at the expense of the 28 .property owner and his/her successors should the property be sold. Resolution NO. 2423 2 page two 4 C. A Declaration of Covenants and Restrictions shall be recorded with the deed to the property and shall apply to.the current 5 property owner and his successors if the property is sold. D. If an u~derground utility district is formed, the applicant agrees to support this district formation. ? PASSED AND ADOPTED at a regular meeting of the Tustin Planning Commission, 8 held on the day of , 1987. 10 KATHY WEIL, 11 Chairman 12 PENNI FOLEY, '~ Recording Secretary 14 17 18 19 DECLARATION OF COVENANTS AND RESTR%CTIONS Thts Declaration of Covenants and Restrictions made th~s llth day of March, 1987, by Mr. F~sher and Mr. Lester, hereinafter referred to as "Oeclarants". NHEREAS, Declarants are the owners of certafn real property (hereinafter the "Subject Property") ~n the Cfty of Tustln, County of Orange, State of California. which fs more particularly described as 12932 Newport Ave., Unit 5, Tustin, California, and are new occupants of the build, n9 located on Subject Property; and NHEREAS, Section 8402 of the Tust~n Municipal Code requires all electrical service to any bulldtng (except a s~ngle-famtly residence) be Installed underground when there ts any change tn occupancy, or ~nstallat~on of new electrical service; and NHEREAS, Declarants have requested a waiver from the provisions which requtre that overhead electrfcal service be replaced wfth underground electrfcal service, until such time as the electrical supply utility pole ~s removed; and NHEREAS, the Planntng Commission of the C~ty of Tust~n has required Declarants to record a covenanat In the Off~ce of the Recorder of the County of Orange, California, that covenants underground service w~ll be Installed at the Subject Property at such ttme as the electrJcal supply uttl~ty pole ~s removed; and NON, THEREFORE, Oeclarants declare that the Subject Property shall be held, transferred, encumbered, used, sold, conveyed, leased and occupied, subject to the covenant and restriction hereinafter set forth expressly and exclusively for the use and beneftt of satd property and each and every person or entity who now or ~n the future owns any port~on or portions of sa~d real property. -2- 1. Underground electical service shall be installed at such time as the electrical service pole, which also serves properties adjoining the Subject Property, is removed, in compliance with Section 8402 of the Tustin Municipal Code. 2. This covenant shall run with the land and shall be binding on all parties and all persons claiming under it from the date that this covenant is recorded. 3. Enforcement shall be by proceedings at law or in equity against any person or persons violating or to recover damages. 4. If an underground utility district is formed, the applicant agrees to support this district formation. IN WITNESS WHEREOF, Declarants have executed this Declaration of Covenants and Restrictions the day and year first above written. Mr. Lester Mr. Fisher LCP:ts FISHER & LESTER C/O PAT LESTER 219 ALBERT PLACE COSTA MESA, CA 9262? (?14} 646-3679 July 15, 1987 Mr. Lloyd Dick City of Tustin, Building Dept. 300 Centennial Way Tustin, CA 92680 Electrical permit #0288 Red Hill Cleaners 12932 Newport Ave. # 5 Dear Mr. Dick, Persuant to numerous discussion, Fisher & Lester hereby request a variance from underground utilities requirements. A hardship exists in that to install new three phase services to our existing meter location requires Edison to install new transformers in that location. ~ever~ at the rear of store # 5 adequate three phase transformers ~ist on our above ground pole. To go underground from this location (approximately 25 feet overhead} requires going through a 8 foot deep retaining wall which is not contained on ou~ property. All of our existing service is from an overhead source (app~oximately 20 stores). An economic consideration also exists. We have operated this center for over twenty years, and have strived to make our relationship with our merchants a successful one. We must "keep up with the times," and supply our merchants with modern and upgraded services to compete with the numerous new competition in the Tustin area. I have discussed this situation vith Edison, and they agree that overhead service is the best and least expensive alternative. Your positive consideration of aboveground service will be appreciated. Should any additional fees be required, please let me know. Best regards, Pat Lester for Fisher & Lester 'sc cc: Mr. Do Lin Lu, Red Hill Cleaners Mr. Ray Pah, Electrical Contractor Mr. Ken Hash, Southern California Edison Planning Commission DATE: AUGUST 10, 1987 SUBJECT: ZONING ORDINANCE AI~NDIqENT NO. 87-3; BEVERAGE CONTAINER RECYCLING FACILITIES RECOBlqENDATZON: Adopt Resolution Ho. 2424, recommending City Council approval of Zoning Ordinance Amendment Ho. 87-3. INTRODUCTION: The California Beverage Container Recycling and Litter Reduction Act was passed by the State Legislature in 1986. This Act establishes requirements for recycling facilities located within "Convenience Zones", as determined by the State Department of Conservation. A "Convenience Zone" is defined as an area within a one-half mile radius of a supermarket. A "Supermarket", for the purposes of the Act, is defined as a full-line, self-service retail store with gross annual sales of $2,000,000 or more and which sells a line of dry grocery, canned goods or non-food items and some perishable items. The Department of Conservation has determined that there are six (6) "Convenience Zones" in the City of Tustin. They are: Alpha Beta Acme.Market 14551 Red Hill Avenue Lucky Food Center 13270 Newport Avenue Ralph's Grocery 1140 Irvine Boulevard Safeway 17662 E. Seventeenth Street Starer Brothers Market 14171 Red Hill Avenue Von's Market 550 East First Street Commencing September 1, 1987, beverage container manufacturers must properly label any containers {aluminum, glass or plastic) intended for sale or distribution in California with the redemption value determined by the Department of Conservation. Beginning January 1, 1988, redemption facilities must be operable to accept containers. In order to' properly address the future need for redemption facilities as established by state law, a Zoning Ordinance Amendment needs to be approved and in place by October 1, 1987, or as soon thereafter as possible. ~ Community Development Departm. ent -'~ Planning Commission Report August 10, 1987 Page two ANALYSIS: The six (6) "Convenience Zodes" listed above are located in the C-1 (Retail Commercial), C-2 (Central Commerctl) and PC (Planned Community Commercial) zoning districts. As proposed, the Zoning Ordinance Amendment includes a list of definitions and provides for three (3) types of redemption facilities: (1) Reverse Vending Machines, (2) Bulk Vending Machines and (3) Large Collection Facilities. In each Instance, staff focused on the issues of location, destgn an~ stgnage. A brief summary of each type of faciltty and its proposed criteria follows: Reverse Vending Machines: These are automated, mechanical devices which accept at least one (1) or more types of empty beverage containers and issues a cash refund or redeemable credit slip. Typically, Reverse Vending Machines accept containers one at a time (single feed), and measure 50 square feet or less in size. They are comparable to the water vending machines commonly found near supermarket entrances (see attached illustrations, in Exhibit I). Proposed development criteria include: - Administrative approval located within 30 feet of host use (supermarket) store entrance - cannot occupy required parking spaces cannot occupy more than 50 square feet per installation - 8 foot maximum height constructed with durable, rustproof material must be clearly marked for type of container it will accept, as well as operating tnstruttons, etc. maximum sign area of four (4) square foot per machine (excluding instructions) operating hours at least the same as the host use - outdoor storage of any kind is prohibited Reverse Vending Machines are anticipated to be the most common or prevalent type of redemption facility due to their convenient location and ease of operation. Bulk Vending Machines: As with Reverse Vending Machines, Bulk Vending Machines are automated mechanical devices which accept one (1) or more types of empty beverage containers, issuing cash refunds or redeemable credit slips. These machines accept more than one container at a time (bulk-feed) rather than single feed. Payment is based on weight. Such machines are larger than 50 square feet and are typically located in parking areas (see illustration in Exhibit II). ~ Corn munity DeveloPment Depar~men~ ~ Planning CommJsslon Report August 20, 2987 Page three Proposed development crtterta tnclude: - subject to use permtt - may be placed only tn conjunction with extsttng host use, and must be wlthtn lO0 feet of host use - cannot exceed 500 square feet In area - 20 foot maximum hetght - constructed with durable, waterproof and rustproof materials - tnternal storage only -maxtmum 60 dba exterior noise levels - 30 foot setback from residential use If open 24 hours, 20 foot if not (same as permanent structures) - stgnage: subject to approval of Community Development Otrector - cannot dtsplace extsttng landscaping - cannot reduce the mtnlmum number of parktng spaces requtred by host use Bulk Vending Machtnes are already in use In numerous communities for alumtnum can collection. Many of these communities requtre use permtts for such facilities. Whtle not expected to be as common as Reverse Vendtng Machines, Sulk Vendtng Machtnes may constitute as much as one quarter of all collection facilities. The use permtt process wtl1 ttghtly control tssues such as placement, stgnage and parkJng. Large Collection Facilities: A Large Collection Faclltty ts essentially like a reverse retail business, paytng customers for the product (container) they brtng in. Such a factllty could be located In a store front space In a shopping center, or occupy a free standtng butldlng anywhere withtn the "Convenience Zone". Proposed development crtterta Include: - subject to use permtt - shall not abut a residential use tf tn a free standtng butldtng - must be In enclosed building, outside storage ts prohibited - setback, hetght, lot coverage, parking and landscape requirements are the same as those requtred of other uses wtthtn the same zontng district, unless tn an extsttng storefront (only parktng would apply) - maxtmum 60 dba extertor notse levels - cannot operate between 7:00 p.m. and 7:00 a.m. tf wtthtn $00 feet of residentially zoned property, tf tn a free standtng buJldlng - slgnage shall meet the standards of the zone; directional stgnage subject to approval of Director of Community Development - processing of recyclable matertal is prohibited 24 hour operation Is prohibited Community DevelOpmem Depar~rnen~ .~ Planntng Commission Report August 10, 1987 Page four A Large Collection Facility is basically a manned operation much like any other retail business. This type of collection facility is expected to be the least common. The proposed development criteria treat it the same as most other retail activities. CONCLUSION: Staff believes that the criteria proposed in Zoning Ordinance Amendment No. 87-3 will provide for the most common forms of collection facilities while allowing the City to maintain a high level of control over their operation, location and design. St Christine Shihgletop/J Senior Planner Director of Communl~ Development SR:pef Attachments: Resolution No. 2424 Exhibit I Exhibit II Community Development Department 1 2 5 RESOLUTION NO. 2424 '6 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF TUSTIN RECOMMENDING TO THE CITY COUNCIL 7 ADOPTION OF ZONING ORDINANCE AMENDMENT NO. 87-3 TO PERMIT REDEMPTION CENTERS FOR RECYCLABLE BEVERAGE ~ CONTAINERS INITHE C-1, C-2 & PC, ZONING DISTRICTS. 9 The Planning Commission of the City of Tustin does hereby resolve as 10 follows: 1! I. The Planning Commission finds as follows: 12 A. A public hearing before the Planning Commission to consider Zoning Ordinance Amendment 87-3 establishing development ]3 standards and regulations for recyclable beverage container redemption centers in the C-1 (Retail Commercial), C-2 (Central 14 Commercial) & PC (Planned Community) zoning districts was duly called, noticed and held on August 10, 1987. I5 B. The Beverage Container Recycling and Litter Reduction Act was ]O passed in 1986 to establish a system to promote the recycling and reuse of beverage containers sold in the State of 17 California. Redemption centers for said containers are to be located in "Convenience Zones" established by the State 18 Department of Conservation. ]9 C. Reasonable development standards and regulations are necessary to address the following issues: 20 1. Location (including storage): 2. Design (where visible from the street); and 21 3. Signage. 22 D. A Negative Declaration has been prepared in conformance with the California Environmental Quality Act; no significant, adverse 23 impacts are associated with this Zoning Ordinance Amendment. Future facilities will be reviewed for environmental impact on 24' an individual basis. 25 26 27 28 1 Resolution No. 2424 page two 2 3 II. The 'Planning Commtssfon hereby recommends to*the Ctty Council approval of Zoning Ordinance Amendment 87-3, the following amendments 4 to the Tustfn Municipal Code: § A. Section 9297 .shall be amended to include the following definitions, '6 integrated in alphabetical order, to read as follows: ? Beverage 8 "Beverage" means~.beer 'and other malt beverages, carbonated mineral and soda waters, and similar carbonated soft drinks in 9 liquid form which are intended for human consumption. 10 Beverage container "Beverage container" means the Individual, separate bottle, can, 1! jar, carton,.or other receptacle, however denominated, in which a beverage is sold, and which is constructed of metal, glass, or ]2 plastic, or other material, or any combination of these materials. "Beverage container" does not include cups or other 13 similar open or loosely sealed receptacles. 14 Consumer ]§ "Consumer" means every person who, for his or her use or consumption, purchases a beverage in a beverage container from a 16 dealer. "Consumer" includes, but is not limited to, a lodging, eating, or drinking establishment, and soft drink vending 17 machines. 18 Mobtle Recycling Unit 19 A "Moble Recycling Unit" means an automobile, truck, trailer or van, licensed by the Department of Motor Vehicles, which is used 20 for the collection of recyclable materials. A Mobile Recycling Center also means the.bins, boxes or containers transported by 21 trucks, vans, or trailers, and used for the collection of recyclable materials. 22 Processor "Processor" means any person, including a scrap dealer, 2~ certified by the State Department of Conservation who purchases empty aluminum beverage containers, nonalumtnum metal beverage 25 containers, glass beverage containers, plastic beverage containers, or any other beverage containers, including any one 26 or mere of those beverage containers, which have a redemption value established pursuant to this division, from recycling 27 center in this state for recycling, or, if the container is not recyclable, not for recycling, and who cancels, or who certifies 28 Resolution No. 2424 ] page three 2 3 to the department in a form prescribed by the Department of Conservation of, the redemption value and redemption bonus of 4 these empty beverage containers by processing empty beverage containers, tn any manner whtch the department may prescribe. 5 However, the department shall not take any action regulating scrap dealers or recycling centers who are processors or O recycling centers unless authorized by and pursuant to the goals of this division. 7 Recycle; recycled; recycling; recyclable 8 "Recycle," "recycled," "recycling" or "recyclable" means the 9 reuse or refilling of empty beverage containers or the process of sorting, cleansing, treating, and reconstituting empty 10 postfilled beverage containers for the purpose of using the altered form. "Recycle," "recycled," "recycling," "recyclable," 1] does not include merely sorting, shredding, stripping, compressing, storing, landfilllng with, or disposing of an empty ]2 beverage container. lg! Recyclable Material 14 Recyclable material is reusable material, including but not ]51 limited to metals, glass, plastic and paper, which are intended for reuse, remanufacture, or reconstttutton for the purpose of using the altered form. Recyclable material does not include 10 refuse or hazardous materials. Recyclable material may include used motor oil collected and transported in accordance with ]? Section 25250.11 and 25143.2(b)(4) of the California Health and Safety Code and Orange County Fire and Health Departments. 18 Recycling Facility 19 A Recycling Facility is a center for the collection of 20 recyclable materials. A Certified Recycling Facility means a Recycling Facility certified by the California Department of 21 Conservation as meeting the requirements of the California Beverage Container Recycling and Litter Reduction Act of 1986. 22 A Recycling Facility does not include storage containers or processing activity located on the premises of a residential, 23 commercial, or manufacturing use and used solely for the recycling of material generated by that residential property, 2~ business or manufacturer. Recycling Facilities includes the following: 25 A Collection Facility is a center for the acceptance, by 26 donation, redemption, or purchase, of recyclable materials from the public. Such a facility does not use power-driven 27 28 ! Resolution No. 2424 page four 2 3 processing equipment except as indicated in Section 4 4 Criteria and Standards. Collection Facilities may include the following: 5 1. Reverse Vending Machines which occupy an area of not 6 more than 50 square feet. ? 2. Bulk reverse vending machines occupying no more than 500 square feet. 8 3. Large collection facilities which occupy a permanent 9~ building or store front. 10 Redemption; redeem 11 "Redemption" and "redeem" means the return to a recycling center of an empty beverage Container for a refund of at least the 12: redemption value and any applicable redemption bonus. 13! VendtngNachtnes 14 A Reverse Vending Machine is an automated mechanical device : which accepts at least one or more types of empty beverage 15! containers including, but not limited to aluminum cans, glass and plastic bottles, and issues a cash refund or a redeemable 16~ credit slip with a value not less than the container's redemption value as determined by the State. A Reverse Vending Machine may sort and process containers mechanically provided I that the entire process is enclosed within the machine. (In 18i order to accept and temporarily store all three container types in a proportion commensurate with their relative redemption rates, and to meet the requirements of certification as a recycling facility, multiple grouping of Reverse Vending 20 Machines may be necessary.) 2] A Bulk Reverse Vending Machine is a Reverse Vending Machine that ts~ger than $0 square feet; is designed to accept more than 22 one container at a time; and will pay by weight instead of by container. Supemrket "Supermarket" means a full-line, self-service retail store with 25 gross annual sales of two million dollars ($2,000,000) or more, and which sells a line of dry grocery, canned foods, or nonfood 26 items and some perishable items. 28 ] Resolution No. 2424 page five 2 A. Section 9232.a.2.shall be amended to add Subsection (v) to the list 4 of permitted uses to read as follows: 5 "(v) Reverse Vending Machines subject to the following regulations: 0 (1) Estabished in conjunction with a supermarket which is in compliance with the zoning, building and fire codes of the ? City of Tustin; 8 (2) Located within 30 feet of the entrance to the supermarket and shall not obstruct pedestrian or vehicular circulation; 9 (3) Does not occupy parking spaces required by the primary use; 10 {4) Occuppies no more than 50 square feet of floor space per 11 installation, including any protective enclosure; 12 (5) Maximum height: eight (8) feet; ]3 (6) Constructed and maintained with durable waterproof and rustproof material; (7) Clearly marked to identify' the type of material to be 15 deposited, operating instructions, and the identity and phone number of the operator or responsible person to call ]0 if the machine is inoperable; 7 (8) Sign area shall be limited to a maximum of four (4) square feet per machine, exclusive of operating instructions; 18 (9) Maintained in a clean, litter-free condition on a daily 19 basis; 20 (10) Operating hours shall be at least the operating hours of the supermarket (host use), but may be 24 hours; 21 (11) Illuminated to ensure confortable and safe operation if 22 operating hours are between dusk and dawn; 23 (12) Outdoor storage of any kind is prohibited." 24 B. Section 9232.b shall be amended to add Subsection (k) to the list of 25 conditionally permitted uses to read as follows: "(k) Bulk Vending Machines, subject to the following regulations: (1) Established in conjunction with an existing supermarket 27 which is in compliance with the zoning, building and fire codes of the City of Tustin; Resolution No. 2424 Page six (2) No larger than 500 square feet and not occupptng any parking spaces required by the primary use; (3) Maximum height: 10 feet; (4) Shall not obstruct pedestrian or vehicular circulation, and shall be located within 100 feet of the host use; (5) Mtntmum setbacks: 10 feet from any propery line; (6) Accept only glass, metals, plastic containers, papers and reusable items. Used motor otl may be accepted with permission of the Orange County Fire and Health Departments; (7) No power-driven processing equipment except for Reverse Vending Machines shall be used; (8) Containers are constructed and maintained with durable waterproof and rustproof material, secured from unauthorized entry or removal of material and shall be of a capacity sufficient to accommodate materials collected and collection schedule; (9) All recyclable material shall be stored internally; (10) Maintained free of litter and any other undesirable materials; (11) Not exceed exterior noise levels of 60dBA; 18 (12) Containers for the 24-hour donation of materials shall be at least 30 feet from any property zoned or occupied for 19 residential use unless there is a recognized service corridor and acoustical shielding between the containers 20 and the residential use; (13) Containers shall be clearly marked to identify the type of material which may be deposited; the facility shall be clearly marked to identify the name and telephone number of the facility operator and the hours of operation, and display a notice stating that no material shall be left outside the recycling enclosure or containers; (14) Bulk Vending Machines may have informational signs required 25 by State law pursuant to Section 9272. Other signs including directional signs, bearing no advertising 20 message, may be installed with the approval of the Community Development Director pursuant to Design Review 27 Section 9272 if necessary to facilitate traffic circulation, or if the facility is not visible from the 28 public right-of-way. ! Resolution No. 2424 page seven 2 3 (15) Placement of the facility shall not require removal of existing landscaping: (16) No additional parking spaces will be required for customers 5 of a Bulk Vending Machine located within an established parking lot of a host use." ? C. Section 9232.b shall be amended to add Subsectioh (w) to the list of conditionally permitted uses to read as follows: 8 "(w) Large Collection Facilities occupying a permanent building or 9 store front subject to the following regulations: 10 (1) The facility shall not abut a property zoned or planned for residential use if in a free standing building; 1! (2) The facility shall operate in an enclosed building with 12 outside storage prohibited; 13 (3) Setbacks, height, lot coverage, and landscape requirements shall be those provided for in the C-1 Zoning District 14 unless it occupies an existing store front or building; 15 (4) Site shall be maintained free of litter and any other undesirable materials, and shall be cleaned of loose debris ]O on a daily basis; 17 (5) Exterior noise levels shall not exceed 60 dBA; 18 (6) If the Facility is located in a free standing building which lies within 500 feet of property zoned, planned or 19 occupied for residential use, it shall not be in operation between 7:00 p.m. and 7:00 a.m. 20 (7) The facility shall display a notice stating that no 21 material shall be left outside the recycling containers; 22 (8) The facility shall be clearly marked with the name and phone number of the facility operator and the hours of 23 operation; identification and informational signs shall meet the standards of the C-1 Zoning District; and 24 directional signs, bearing no advertising message, may be installed with the approval of the Community Development 2~ Director pursuant to design review, Section 9272, if nAcessary, to facilitate traffic circulation or if the 20 facility is not visible from the public right-of-way; 27 (9) Power-driven processing, including aluminum foil and can compacting, baling, plastic shredding, or other light 28 processing activities shall be prohibited; ] Resolution No. 2424 page eight 2 3 (10) 24 hour operatfon ts prohibited." O. Sectton 9244.d shall be amended to add Subsection 6. to the list of permitted uses to read as follows: 6 "6. Reverse Vendfng Machfnes subject to standards contafned tn the C-1 District regulations, section 9232.a.2." 7 8 E. Secttons 9233.c shall be amended to add Subsection (aa) to the list of conditionally permitted uses to read as follows: 9 "(aa)Bulk Vending Machines, subject to standards contained in the C-1 ]0 District regulations, Section 9232b." ]] F. Section 9233.c shall be amended to add Subsection (bb) to the list of permitted uses to read as follows: ]2 "(bb)Large collection facilities, subject to standards contained tn 13 the C-1 District regulations 9232a.2." G. Section 9244e.2 shall be amended to add Subsection (d) to read as 15 follows: ]0 "(d) In the event, that Bulk Vending Machines and/or a Large Collection Facility is a desirable use on an approved 17 development plan, said uses shall be subject to all standards contained tn the C-1 District regulations, Section 9232b." ]$ ]9 PASSED AND ADOPTED at a regular meeting of the Planning Commission of the City of Tustin, held on the day of , 1987. 20 21 22 KATHY WEIL, 23 Chairman 24 25 PENNI FOLEY, Recording Secretary 27 28 Planning Commission DATE: AUGUST 10, 1987 TO: TUSTIN PLANNING COI~ISSION FROH: COH~UNITY DEV£LOPHENT DEPARTHENT SUBdECT: STATUS OF OLD TOWN ZONING STUDY REC0~ENDATZON Receive and file. BACKGROUND On June 1, 1987 the Tustin City Council extended a moratorium on the processing of zone changes, land use occupancy changes and land subdivision applications tn the 01d Town area (see Exhibit A attached to Ordinance No. 987). As part of this project, a tentative schedule was identified by staff for processin9 all necessary Zonin9 Code Amendments. All background information ts contained tn the staff reports attached hereto. On May 27, 1987 the Community Development Department held a community workshop where residents and property owners were given an opportunity to identify key issues and set project priorities. As a result, staff was able to identify a direction for the project and to start research on the implementation of an Historic Preservation program for the project area. As outlined in the May 21, 1987 staff report, a workshop session was to be held on August 10, 1987. This meeting was for the purposes of revtowin9 the proposed Zoning Ordinance Amendments and overall project concept. However, since the time of the preparation of the tentative schedule, the Community Development Department has experienced a large increase in projects as a result of the East Tustin project. Additionally, the preliminary research already conducted has identified numerous alternatives and has uncovered many new concepts which the Department has not yet analyzed. As a result, staff is not at a point where a recommended approach can be proposed. In reviewing the current case load within the Department and the status of the Old Town project research, staff has devised a new processing schedule. This proposed schedule is as follows: Community Development Department Planning Commission Report Status of Old Town Zoning Study page two Date Activity August 10 - Staff to complete analysis of Study area. September 28, 1987 Preparation of Zoning Code amendments and Ordinances per selected course of action determined. September 28, 1987 Preliminary workshop with Planning Commission and residents to review Staff report and recommended approach. October 12, 1987 Planning Commission to hold Public Hearing on any recommended Code amendments. October 19, 1987 City Council to have first reading and consider adoption of recommended Ordinance amendments. November 2, 1987 City Council to have second reading of Ordinance. December 2, 1987 Ordinance/Final project in effect and moratorium terminated. This schedule is subject to change and may vary if any of the public meetings are continued or cancelled. Further extensions are not expected, however, East Tustin project processing may require some reworking of the schedule according to staff case load. CONCLUSION At this time, staff is working on research and preparation of draft Ordinances for Zoning Ordinance Amendments for creation of a Historic Overlay District. Once draft ordinances are prepared, staff will present the recommended approach to the Planning Commission. At current staff case load, presentation of this information can be expected to follow the recommended schedule outlined previously in this report. r s ne . ng eTa)n, Director of Community'Development attachment: April 20 and May 21, 1987 staff reports LCP:CAS:ts Corn rnunit¥ DeveloPment Departrneni ~ TO: tJZLLZAR A HUSTOM. CZ'~ MAMJU~E~ FROM: C014MUNI'rY ~ELO~ ~P~ RE~E~T[Oa: ~.0. That U~genw 0rdlnance .~o. 984 have ftrst reading by ttt~e only. ~.0. That U~gency 0rd~nance ~o. 984 be introduced. ~.0. ~at Urgency 0rdtnance ~o. 984 have second ~eadlng by ttt~e only. ~.0. Thai Urgen~ 0rdtnance ~o. 984 be passed and adopted. 8~X~OUND A~ A~LYS~S: The Co~nlty Develop~fl~ Oepar~nt recently began a process of analyzing the -residential area of Old T~n for possible zoning changes (maps have been prepared and boundaries for a study area a~ currently being reviewed by s~ff). S~ff ts also antlctpattng a parttcipato~ process that would involve residents of the a~a and CtW s~ff In the foll~tng: Identification of issues and proble~ in the area. 2. Evaluation of alte~ative approaches and solutions. 3. Selection of a preferred approach. 4. Adoption of any necessaW Zoning Code A~n~nts. In an attar to tnttta~ co~nlcation with ~e residents tn ~e ~sidential area of Old T~n, s~ff ~t with selected ~mbers of the Old Town Ho~owner's Association on April 8th. It was ~ally agreed ~at a workshop session for residents tn the area would be planned for May so.time. Although the group responded enthusiastically to the proposed planning process, the integrity of ~ls process and any ~co~ndations could be jeopardized if individual develop~flt proposals within the residential area are p~ocessed before n~ zoning provisions are negotiated and adopted. The Co--flit) Oevelop~nt Depar~nt has ~ceived a p~limina~ ~sub~ttal on the Ainslie property (the proper~ has been sold to a n~ party). ~e proposal would ~subdivide the existing three lots to create 6 new lots permitting develop~nt of 6 units. While all current zoning standards can be ~t, there could still be significant controversy about the impact of such a project on ~e character of the area. As initially presented, the six lots would be served by a private street similar to the original Ainslie proposal. Since there are other lots in the vicinity which are also 300' deep, staff questions whether it is In the best interest of the orderly develop~nt of this area to encourage such private streets at the expense of existing character of these neighborhoods. Ct~y Count11 Repor~ Aprtl 20, 1987 0Id Town Mort~ortum Page Rather than creattng significant controversy *~n the area before completion of the proposed planntng ~ffor~, s~f~ would ~co~nd that the Council adopt-an tnter~m urgenw ordinance that would t~ose a moratorium on ~e processing. approval or tssuance of pratts for any subdivision'of land, zone change or change tn land use occupanw (from residential to any other use) wlthtn the residential area of 01d T~n unCtl co~letton of ~e planntng effort. ]n the 1nC, rim, thJs approach would st111 permit the current properW ~ner to butld 2 untCs on each ]oC under a Conditional Use Permtt process· The ~tter submtC~] within 20 to 30 days. Director of Community Oevelopmen~ CAS: per Attachments: Urgency 0rdtnance Cio. 984 1 ORDINANCE NO. 984 2 AN URGENCY ORDINANCE OF THE CITY COUNCIL OF THE CITY 3 OF TUSTIN, CALIFORNIA, OECLARING A MORITORIUM ON THE PROCESSING, APPROVAL OR ISSUANCE OF PERMITS FOR 4 SUBO[VISIONS, CHANGES IN LAND USE OCCUPANCY AND ZONE CHANGES ON PROPERTIES IN THE RESIDENTIAL AREA OF OLO 5 TOWN TUSTI N 6 The City Council of the City of Tusttn, California, does ordain as follows: ? I. The City Council finds and determines as follows: 8 A. The Coeeuntty Development Department is currently conducting a study to detomflne the feasibility of establishing architectural 9 'guidelines, zontng requirements and regulations to ~atntatn the extsttng single famtly character and to preserve htstorlc 10 resources located tn the residential area of "Old Town" as shown on Exhibit A attached hereto. 1! B. Many existing properties and structures within the "Old Town" ]2 residential area are of substantial historical character and absence of proper zoning and architectural historic preservation ]3 guidelines ts Injurious to the public health, safety and welfare. C. The Community Oevelopment Oeparl=nent has received a preliminary ]5 subdivision proposal which could significantly Impact the character of the "01d Town" residential area. O. The tntogrlty of the planning process and any resulting 17 recoe~endatton for the residential area of "Old Town" could be significantly Jeopardized if Individual development proposals 1~ wtthtn the residential area are processed before new zoning provisions are negotiated and adopted. : II. The City Council. hereby declares a merttortum on the processing, 2()II approval Or tssuance of per=Jts for any subdivision of land, zone change or change tn land use occupancy (from restdentta] use to any 21 other use) on properties located within the residential area of "01d Town" as shown on Exhibit A at:ached hereto pending completion of the 22 study and report of the Community Development Department and Planning Commission and action thereon by the City Council. The moritorium 25 shall extend for a period of 45 days from the date of adoption of this ordinance, unless duly extended or terminated. 2~' Ordinance ~1o. 984 Page t~o '3 4 t]]. This ordinance ts adopted to protect the public health, safety and welfare and is adopted as an urgency measure by a four-fifth (4/S) 5 vote pursuant to the provisions of Section 65858 of the California Government Code and shall take effect Immediately. The urgency is 6 based on the fact that the City Counctl hereby finds that the processing or approval of certain projects on the subject property ? prtor to completion of the study would have an adverse effect on the character of the "01d Town" residential area and extsttng development 8 and uses wtthtn the area and upon the proper planntng of the City of Tusttn. 9 PASSED AND ADOPTED at a regular meettng of the City Counctl of the City of lO Tusttn held on the 20th day of Apr11, 1987. 13 14 Rlchard B. Edgar, ,'.layor ]5 l~lamj E. Wynn, Clty 2() 2] 2,3 27i ORDI~,'AHC£ HO. 984 ~IBIT "A" NORTH NOT TO SCALE TO: ¥ILLIAI! HUSTON, CIT~ HANAGER FROM: COIIlIJNIT~ DEYELOPPENT DEPARTHENT SUBJECT: EXTENSXON OF HORATORIIM 0RDINA#CE-' OLD TO#N RESIDENTIAL AREA REC0~ENDATZON: M.0. That Urgency 0rdlnance Ho. 987 have ffrst reading by tttle only. M.O. That Urgency Ordinance No. 987 be Introduced. M.O. That Urgency Ordlnance No. 987 have second .readtng by tttle only. M.O. That Urgency Ordinance No. 987 be passed and adopted. " BACKGROUND: On'April 20, 1987 the Tusttn Ctty Council adopted an ~nter~m ordinance (Ho. 984) which placed a moratorium on the processing, approval or ~ssuance of permits for subdivisions, changes tn land use occupancy and zone changes ~n the Old Town Res~dentfal area (See £xhtbtt A). The subject moratorium was established for the purpose of completing Zontng Ordinance amendments which w~ll ensure the maintenance of extsttng single-family character and preservation of h~stor~cal resources .located In the residential area of 'Old Town'. Processing or approval of tnd~v~oual development projects wfthtn thts area prtor to the completion of the study and adoptton of any Zoning Ordinance amendments could have an adverse effect on the character of the 'Old Town' area and potentially ~eopard~ze the Integrity. of the plannlng process. Pursuant to Section 65858 of the California Government Code, the current moratorium ~s effective for 45 days from the date of adoption and ~s expected to expire on dune 3, ~987. The C~ty Council may extend the moratorium for ten (10) months and f~fteen (15) days and subsequently for an addft~onal year. '~or to cons~derfng extension of any moratorium, Section ~5858 of the ,1~forn~a Government Code requires that a report be prepared and made available to the public ten (~0) days prior to the public hearing. Th~s report should describe the proposed measures to be taken to alleviate the condition which led to the adoption of the moratorium. Th~s report contains 'a summary of the characteristics of the area, the zoning related ~ssues of the area and a tentative schedule for the ?n~t~at~on and adoption of Zoning Ordinance amendments. Extension of Horatorium Ordinance- Old To~n .Residents Area page WORK PROGP. AM: The Community Development Oepartment recently began a .process of analyzing the residential area of 'Old To~n' for possible zoning changes. It has been Staff's intention to provide for a participator7 process that would involve the residents of the area in: (1) identifying issues and problems; (2) evaluating alternative approaches and solutions: (3) selecting a preferred approach and: 4) reco~ndtng any necessary Zoning Ordinance amendments. To date,' the following work efforts have been completed on the zoning study: 1. Identification of a proposed study area; 2. Preparation of a base map: 3. Collection of data regarding zoning, land use, condition of property and public improvements on a lot-by-lot basis within the study area; 4. Preparation of zoning, land use, and potential historical resource maps; 5. Collection and analysis of historic preservation alternatives and review of Ordinances, Design Guidelines, and research performed by other Jurisdictions throughout the State of California; 6. Scheduling of a community workshop on May 27, 1987 (Staff will be prepared to orally summarize major issues identified at this. meeting for the City Council on June 1, 1987). '- The current moratorium area is predominantly single-family with the exception of Tusttn Acres and office buildings along the southerly side of Irvine Blvd. There are a total of 315 lots and 696 property owners (for-zoning purposes, Tusttn Acres is considered one lot). Zoning and approximate acreage within the moratorium area are summarized below: Zoning acreages - Old Town Horatorlum Area Approximate Zone No. of Lots Size (in acres) R-l: Single Family 243 371.32 R-3/PD: Multi-Family 45 17.22 PR: Professional Office 25 5.37 P & 1: Public & Institutional 2 .61 Total: 315 Lots 394.52 Acres '~ addition to the actual moratorium area, Staff have identified a larger study 'ea for purposes of analysis which also includes the Old Town commercial district along E1Camtno Real. This larger study area contains 538 lots and 875 property owners. The general boundaries of the study area are the I-5 freeway on the south, the 55 freeway on the west, Irvlne Blvd. on the north and Centennial Way on the east. Extension of Horatortum Ordinance- Old Town Residential Area page three ~htle the specific type of Zoning Ordinance amendments have not yet be~n determined for the project, there are a number of alternative means of accomplishing objectives of the project. The use of ~ontng Code restrictions, an overlay dtstrtct for historic preservation, a specific plan or any combination thereof, depending upon the outcome of the Town Hall meeting scheduled on May 27th are several of the alternatives being explored. In response to the Council's request of April 20, [987, the following tenattve schedule is anticipated to ~omplete the project: OA'IT ACTIVITY May 27, 1987 Town Hall meeting/workshop with residents and property owners of '01d Town'. June 1, 1987 Public Hearing held by City Council to consider extension of the moratorium on the '01d Town' Residential Area. June I - Aug. 10, 198~ Staff to complete analysis of Study area. Preparation of Zoning Code amendments and Ordinances per selected course of action determined. August 10, [987 Preliminary workshop with Planning Commission and residents to review Staff report and recommended approach. August 24, [987 Planntng Commission to hold Public Hearing on any recommended Code amendments. September 8, [987 City Council to have first reading and consider adoption of recommended Ordinance amendments. September 2[, [987 City Council to have second reading of 0rdfnance. October 22, [987 Ordinance/Final project in effect and moratorium terminated. Extension of Horatortum Ordinance- Old To~n Residential Area page four According to 'this tenattve schedule, total processing time for this project can' be expected to run approximately four (4) to five (5~ months. Th~s schedule will var7 according to the complexity of the final project and the current work load of the Community Development Department. Upon adoption of any recommended Zoning Ordinance amendments, the moratorium would automatically expire. U s · A. Shingleton, Director Community Developme'nt Department ;tachments: ORDINANCE NO. 987 EXNIBIT A 1 2 3 4 ORDINANCE NO. 987 AN URGENCY ORDINANCE OF THE CITY COUNCIL OF THE CITY 5 OF TUSTIN, CALIFORNIA, EXTENDING THE MORATORIUM ON THE PROCESSING, , APPROVAL OR ISSUANCE OF PERMITS FOR 6 SUBDIVISIONS, CHANGES IN LAND USE OCCUPANCY AND ZONE CHANGES ON PROPERTIES IN l~E RESIDENTIAL AREA OF OLD 7 TOWN TUSTIN AS APPROVED BY ORDINANCE 984. '$ The. City Council of the City of Tustin, California, does ordain as follows: 9 I. The City Council finds and determines as follows: 10 A. The Community Development Department is currently conducting a study to determine the feasibility of establishing architectural 11 guidelines, zoning requirements and regulations to maintain the existing single family character and to preserve historic 12 resources located in the residential area of "Old Town" as shown on Exhibit A attached hereto. B. Many existing properties and structures within the "Old Town." 14 residential area are of substantial historical character and absence of proper zoning and architectural historic preservation ]5 guidelines is injurious to the public health, safety and welfare. 16 C. The Community Development Department has received a preliminary 17 subdivision proposal which .could significantly impact the character of the "Old Town" residential area. 18 O. The integrity of the planning process and any resulting 19 recommendation for the residential area of "Old Town" could be significantly jeopardized if individual development proposals 20 within the residential area are processed before new zoning provisions are negotiated and adopted. 21 II. The City Council hereby extends the moratorium on the processing, 22 approval or issuance of permits for any subdivision of land, zone change or change in land use occupancy (from residential use to any 23 other use) on properties located within the residential area of "Old Town" as shown on Exhibit A attached hereto pending completion of the 24 study and report of the Community Development Department and Planning Commission and action thereon by the City Council. The moratorium 25 shall extend for a period of ten (10) months and fifteen (15) days from the date of adoption of this ordinance, unless duly extended Or 26 terminated. 27 m ) Ordinance ~1o. 987 Page t~o 6 ZII. Thts ordinance iS adopted to protect the public health, safety and welfare and Is ad6pted as an urgency measure by a four-fifth (4/5) T vote pursuant to the provisions of Section 65858 of the California Government Code and shall take effect Immediately. The urgency ~s 8 based on the fac-t that the Ctty Council hereby finds that the processing or approval of certafn projects on the subject property D prior to completion of the study would have an adverse effect on the character of'the "01d Town" residential area and ex~st~ng development 10 and uses wtthtn the area and upon the proper planning of the City of Tusttn. PASSED AND AOOPTEO at a regular meettng of the C~ty Counc~ of the Cfty of Tusttn held on the 1st day of dune, 1987. Rtchard B. Edgar, Mayor ]9 Ma~ E. Wynn, City 22 25 27 28, NOT TO SCALE Plannin Commission DATE: AUGUST 10, 1987 SUBdECT: REPORT ON COUNCZL ACTZONS - August 3, 1987 Oral presentation. Attachments: City Council Action Agenda - August 3, 1987 ~ Corn muniW Developmen~ Depar~men~ ~ ACTION AGENDA OF A REGULAR EETING -- OF THE TUSTIN CITY COUNCIL AUGUST 3, 1987 7:00 P.M. 7:01 I. CALL TO ORDER/PLEDGE OF ALLEGIANCE/INVOCATION ALL PRESENT II. ROLL CALL II I. PROCLAMATION PRESENTED TO BERNIE 1. VOLUNTEER FIREFIGHTER RECOGNITION DAY - AUGUST 15, 1987 O'NEILL AND ~)OHN GARNER IV. PUBLIC HEARING 1. ZONE CHANGE 87-1 - ORDINANCE NO. 989; ZONE CHANGE 87-2 - ORDINANCE NO. 990; AND GENERAL PLAN AMENDMENT 87-1 - RESOLUTION NO. 87-87 INTRODUCED DRDINANCE NO. ORDINANCE NO. 989 - AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF 989 TUSTIN, APPROVING ZONE CHANGE 87-1 TO REZONE PROPERTIES GENERALLY LOCATED EAST OF NEWPORT AVENUE BETWEEN MAIN STREET AND SAN JUAN FROM (CG) COMMERCIAL GENERAL AND (CG-PUD) COMMERCIAL GENERAL-PLANNED UNIT DEVELOPMENT TO (PC-C) PLANNED COMMUNITY COMMERCIAL INTROOUCED ORDINANCE NO. ORDINANCE NO. 990 - AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF 990 TUSTIN, APPROVING ZONE CHANGE 87-2 TO REZONE PROPERTIES GENERALLY ~ LOCATED WEST OF NEWPORT AVENUE BETWEEN THE I-5 FREEWAY AND MITCHELL AVENUE FROM MULTIPLE FAMILY RESIDENTIAL (R-3) AND RETAIL COMMERCIAL · (C-l) TO PLANNED COMMUNITY COMMERCIAL (PC-C) ADOPTED RESOLUTION NO. RESOLUTION NO. 87-87 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY 87-87 OF TUSTIN, CALIFORNIA, APPROVING GENERAL PLAN AMENDMENT 87-1 AMEND- ING THE LAND USE ELEMENT OF THE GENERAL PLAN FOR PROPERTIES GENER- ALLY LOCATED ON THE EAST SIDE OF "B" STREET SOUTH OF THE I-5 FREEWAY FROM (MF) MULTI-FAMILY AND (C} COMMERCIAL TO (PC-C) PLANNED COM- MUNITY COMMERCIAL CITY ATTORNEY V. PUBLIC INPUT TO RESPOND TO JOSEPH HERZIG'S REQUEST FOR ANNEXATION 140 PROTESTS THAT WERE REJECTED BY THE CITY ATTORNEY ANTHONY PAGANO REPORTED GRAFFITI BEING OONE BY THE (:RIPS GAN~ ANO HE HRD CONCERN FOR THE SAFETY OF FAMILIES. CHIEF THRYER RESPONDED THAT THE POLICE ARE TRYING TO CATCH THE GRNG I~MBERS IN THE ACT, THEY ARE FROM THE LOS ANGELES AgO SANTA ANA AREAS, AND MOST OF THEN ARE FROM 13 TO 15 YEARS OF AGE. GRACIE ROGERS REPORTEO THAT SHE AND HER TWO NEPHEWS WERE ALMOST KILLED IN THE CROSSWALK AT STREET AgO FIRST STREET. EOGAR SAIO IT WAS CRITICAL THAT WE MONITOR THAT CROSSING. VI. CONSENT CALENDAR APPROVED 1. APPROVAL OF MINUTES - JULY 20, 1987, REGULAR MEETING APF ~D 2. APPROVAL OF DEMANDS IN THE AMOUNT OF $995,008.40 RATIFICATION OF PAYROLL IN THE AMOUNT OF $160,251.38 CITY COUNCIL ACTION AGENDA PAGE 1 8-3-87 A~)OPTED RESOL~F[ION 3. RESOLUTION NO. 87-85 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY N0~-8.5 OF TUSTIN, CALIFORNIA, FIXING AND DETERMINING THE AMOUNT OF REVENUE REQUIRED FROM PROPERTY TAXES OF THE CITY OF TUSTIN AND FIXING THE RATE OF TAXES ON THE TAXABLE PROPERTY WITHIN THE CITY OF TUSTIN TO SERVICE THE DEBT OF THE GENERAL OBLIGATION BONDS OF THE CITY FOR THE FISCAL YEAR 1987-88. Adopt Resolution No. 87-85 setting forth the 1987-88 tax rate for the 1973 Civic Center Bonds at .00401% as recommended by the Finance Department. ADOPTFJ) RESOLUTION 4. RESOLUTION NO. 87-86 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY NO. 87-~ OF llJSTIN APPROVING THE ISSUANCE OF $8,060,000 PRINCIPAL AMOUNT OF TUSTIN COF~4UNITY REDEVELOPMENT AGENCY TOWN CENTER AREA REDEVELOPMENT PROJECT TAX ALLOCATION REFUNDING BONDS, SERIES 1987 BY THE TUSTIN COMMUNITY REDEVELOPMENT AGENCY Adopt Resolution' No. 87-86 approving issuance of subject bonds as recommended by the Finance Department. APPROVED STAFF 5. DEFENSE OF CLAIM NO. 87-21 - SOUTHERN PACIFIC TRANSPORTATION CO.; & RECOFt4ENBATION DEFENSE OF CLAIM NO. 87-22 - OSCO DRUGS Approve Minute Order authorizing the County Counsel of the County of-Orange 'to defend the City of Tustin in subject- referenced actions pursuant to Revenue and Taxation Code Section 5149 as recommended by the City Attorney. APPP. OVED STA~CF 6, RETIREMENT & SALE OF POLICE CANINE AXEL REC(j~ENDATION AND STAFF Approve retirement of Police Canine Axel from City service; TO~ ~/~RE A 'PRO(:LAJ~TION approve the agreement with Officer Kreyling for sale of Axel as HOI(~_ ~ lltE DO(~ AND HIS surplus for the sum of $1.00; and authorize the Mayor and City T~IRER Clerk to execute same as recommended by the POlice Department. APPROVED STAFF 7. EXEMPTION FROM WILLIAMSON ACT PROVISIONS - NORTH/SOUTH ROAD RECO~ENDATION Direct staff to advise the Director of Conservation of the intention to construct the North/South Road on lands currently within an agricultural preserve to comply with Section 51291 of the Government Code as reconmended by the Community Development Department. APPROVIED STAFF 8. ACCEPTANCE OF PUBLIC IMPROVEMENTS AND RELEASE OF BONDS FOR TRACT RECOI~ENDATION NO. 12345 {The Irvine Co. - Phase I Residential Develop., E. Tustin} Accept landscape/irrigation improvements within Lot No. 8, Tract 12345 and authorize release of remaining portion of following: Faithful Performance Bond No. 52410068 (25%) $170,050.00 and Labor and Materials Bond No. 52420068 {25%) - $85,025.00 as recommended by the Public Works Deparment/Engineering Division. APPROVED STAFF 9. ACCEPTANCE OF PUBLIC IMPROVEMENTS AND RELEASE OF BONDS FOR PARCEL RECOI~RIENDATION MAP NO. 86-201 Accept all public improvements constructed within the limits of' subject parcel map and authorize the release of following: Faithful Performance Bond No. 114552-86 - $7,550.00; Labor and Materials Bond No. 114553-86 - $3,775.00; and Monumentation Bond No. 114553-86 - $1,000.00 as recommended by the Public Works Department/Engineering Division. CITY COUNCIL ACTION AGENDA Page 2 8-3-87 APPROVED STA,CF 10. ACCEPTANCE OF DEED FOR STREET & SIDEWALK PURPOSES AT 150 E. FIRST RE$~-~ENOATION STREET Accept deed from Tustin War Memorial, Inc., for street and side- walk purposes at l§O E. First St.; and authorize recordation of same as recommended by the Public Works Department/Enginering Division. APPROVED STAFF 11. ACCEPTANCE OF DEED AT 151 YORBA STREET RECOMMENDATION Accept easement deed from Corniche Limited XI for street widen- ing at 151 Yorba St.; and authorize recordation of same as recommended by the Public Works Department/Engineering Division. ADOPTED RIESOLUTION 12. RESOLUTION NO. 87-88 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY NO. 87-88 OF I~JSTIN, ORANGE COUNTY, CALIFORNIA, APPROVING THE APPLICATION FOR BICYCLE AND/OR PEDESTRIAN FUNDS UNDER SB 821 Adopt Resolution No. 87-88 approving application for $10,469 for subject funds as recommended by the Public-Works Department/ Engineering Division. AOOPTED RESOLLF~ION 13. RESOLUTION NO. 87-89 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY NO. 87-89 OF TUSTIN, CALIFORNIA, APPROVING LOT LINE ADJUSTMENT NO: 87-2 (Sbnta Fe Land Improvement Co., East Side of Del AmD, South of Edinger) Adopt Resolution No. 87-89 as recommended by the Public Works Department/Engineering Division. ~RROVED STAFF 14. ASSESSMENT DISTRICT NO. 85-1 UTILITY AGREEMENTS WITH IRVINE RANCH RE~qIENOATI ON WATER DISTRICT Approve agreements for construction of water, sanitary sewer and reclaimed water facilities for A.D. 85-1 Project No. 1 {El Camino Real & Tustin Ranch Rd.) and Project No. 2 {South half of Bryan Ave.); and authorize the Mayor and City Clerk to execute same as recommended by the Public Works Department/Engineering Division. ~LopROVED STA~CF 15. APPROVAL OF CONSULTANT SERVICES FOR PREPARATION. OF THE .PACIFIC RECOI~iENDATION CENTER EAST SPECIFIC PLAN AND EIR Authorize the City Manager to execute subject agreement for pre- paration of the Pacific Center East Specific Plan and EIR sub- ject to receipt from Santa Fe Land Improvement Company of $128,600 as recommended by the Community Development Department. VII. ORDINANCES FOR INTRODUCTION - None. VIII. ORDINANCES FOR ADOPTION 1. LARGE FA&4ILY DAY CARE HOMES - ORDINANCE NO. 991 Aa)OPTED ORDINANCE NO. ORDINANCE NO. 991 - AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF 991 TUSTIN AMENDING SECTION 9223a6 OF THE TUSTIN MUNICIPAL CODE RELATING TO I~RRGE FA~4ILY DAY CARE HOMES 2. AMENDING CABLE TELEVISION FRANCHISE - ORDINANCE NO. 992 AIl, ~ ORDINANCE NO. ORDINANCE NO. 992 - AN ORDINANCE OF THE CITY OF TUSTIN, CALIFORNIA, 992 AMENDING THE FRANCHISE FOR A CABLE TELEVISION SYSTEM GRANTED TO AMERICAN CABLESYSTEMS OF CALIFORNIA, INC., A CALIFORNIA CORPORATION CITY COUNCIL ACTION AGENDA Page 3 8-3-87 IX. OLD BUSINESS 1. PROSPECT-VANDENBERG ANNEXATION NO. 141 RESOLUTION NO. 87-90 & . RESOLUTION NO. 87-91 ADOPTED P. ESOLUTIOH NO. RESOLUTION NO. 87-90 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY 87-90 OF TUSTIN, CALIFORNIA, ORDERING PROSPECT-VANDENBERG ANNEXATION NO. 141 SUBJECT TO CONFIRMATION OF THE VOTERS, CALLING AND GIVING NOTICE OF A SPECIAL ANNEXATION ELECTION FOR PROSPECT-VANDENBERG ANNEXATION NO. 141 TO THE CITY OF TUSTIN TO BE HELD IN TERRITORY PROPOSED FOR ANNEXATION ON TUESDAY, THE 3RD OF NOVEMBER, 1987, AS REQUIRED BY THE PROVISIONS OF THE LAWS OF THE STATE OF CALIFORNIA RELATING TO THE CALL AND CONDUCT OF SUCH SPECIAL ELECTION AND PROVIDING FOR THE FILING OF ARGUMENTS AND REBUTTAL ARGUMENTS ADOPTED RESOLUTIOH NO. RESOLUTION NO. 87-91 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY 87-91 OF TUSTIN, CALIFORNIA, REQUESTING THE-BOARD OF SUPERVISORS OF THE COUNTY OF ORANGE TO PERMIT THE REGISTRAR OF VOTERS TO CONDUCT A SPECIAL ANNEXATION ELECTION FOR TERRITORY KNOWN AS PROSPECT- VANDENBERG ANNEXATION NO. 141 TO BE HELD IN TERRITORY PROPOSED FOR ANNEXATION ON TUESDAY, THE 3RD OF NOVEMBER, 1987 #OVED TO A. SIC THE 2. JOHN WAYNE AIRPORT NOISE MITIGATION MEASURES AIRART FOR A FORt4AL PROPOSAL AND IF THE CITY A report requested by Council on July 20, 1987 in response to resi- ACCEPTS THE PROPOSAL, dent concerns. THF~TY COULD HIRE A CO [ANT TO INTERPRET Recommendation: Direct staff to follow-up on any preferred alterna- THE ~a~SULTS ti ve proposal s. X. REPORTS RATIFIED 1. PLANNING COMMISSION ACTIONS - JULY 27, 1987 All actions of the Planning Commission become final unless appealed by the City Council or member of the public. Reco,~aiiendation: Ratify the Planning Commission Action Agenda of July 27, 1987. STAFF TO AGENOITF 2. SUPPORT FOR NORTH TUSTIN SPECIFIC PLAN THE NORTH TOSTIN SPECIFIC PLAN FOR THE N~XT HEETIHG Subject item was requested by Mayor Edgar at the July 20 meeting to WITH (COPIES OF THE PLAN be agendized for Council consideration. ATTACHEO TO THE REPORT Recommendation: M.O. - That Council take action to officially sup- port ~ne mortn Tustin Specific Plan. ICENNEOY ASKEO II. OTHER BUSINESS 111E CITY ENGINEER ABOUT THE PROGRESS REGARDING THE SIGH ALIGNMENT AT R/U. PH'S SI40PPING CENTER. HE RESFONGED THAT HE HRO BEEN IN CONTACT WITH THE MANAGEMENT COMPANY AND THEY WILL BE HAVING OIS~IBSIONS IN ABOUT TWO ~EKS. HOL .REY COM~NOEO THE HISTORICAL SOCIETY FOR THE GREAT PICNIC THEY HAl) OVER THE WEEKENO. EARL PRESCOTT SAIl) THAT HE HAO RECEIVED NUMEROUS COMMENTS ABOUT A PEOESTRIAN CROSSING FOR ~IRIN STREET BETWEEN '[lJSTIN PLAZA ANO THE LIBRARY. CITY COUNCIL ACTION AGENDA PAGE 4 8-3-87 MAYOR EOGAR REQUESTED STAFF TO LOOK INTO PUTTING A STOP SIGN Oil LORETTA ORIVE TO SLOg DOWN THE TRAF"-' HE REPORTED A SPEEO[NG ACCIOENT ~IERE THE CAR ENOED UP IN A RESIDENT~S FRONT LAMN. 8:26 xII. ADJOURNMENT To a Budget Norkshop for August lOth at 5:30 p.m. in t6e City Manager's Conference Room, and thence to the next regular meeting on Monday, August 17, 1987, at 7:00 p.m. CITY COUNCIL ACTION AGENDA Page 5 8-3-87 ACTION AGENDA OF A REGULAR I~ETIN6 OF THE TUSTIN REDEVELOPMENT ~U~ENCY AUGUST 3, 1987 7:00 P.M. 8:26 1. CALL TO ORDER ALL PRESENT 2. ROLL CALL APPRO1/F.J) 3. APPROVAL OF MINUTES - JULY 20, 1987, REGULAR ~ETING Recommendation: Approve. APPROVED 4. AGREEMENT AND GRANT OF PARKING RIGHTS FOR RUBY'S RESTAURANT, 205 EL STAFF RECOI~ENOATJON CAMJNO REAL A condition of approval for subject project requires that the applicant either lease Agency-owned spaces in the Downtown Parking Structure, con- tribute to the Parking District, or lease space within 300 feet of sub- ject property. Recommendation: Review and approve the Parking Agreement between the Tustin Community Redevelopment Agency and Ruby's Inc., as recommended by the Community Development Department. ADOPTED 5. RESOLUTION NO. RDA 87-8 AUTHORIZING INVOICE REFUNDING BONDS, SERIES RESO~rlON NO. RDA 1987 87-t FH RECOI~ENDED CHANGES Approval of documents for subject bond issue. RESOLUTION NO. RDA 87-8 - RESOLUTION OF THE TUSTIN COMMUNITY REDEVELOP- MENT AGENCY AUTHORIZING THE ISSUANCE OF $8,060,000 PRINCIPAL AMOUNT OF TUSTIN COMMUNITY REDEVELOPMENT AGENCY TOWN CENTER AREA REDEVELOPMENT PROJECT TAX ALLOCATION REFUNDING BONDS, SERIES 1987 Recommendation: Adopt Resolution No. RDA 87-8; and authorize the Chair- man to execute the Escrow Agreement as recommended by the Finance Direc- tor and Bond Counsel. ADOPTED 6. DESIGN REVIEW 87-23, SOUTHERN COUNTIES OIL SITE - RESOLUTION NO. RDA RESOLUTION NO. 87-9 RDA 87-9 Site plan and architectural design review of a proposed self-service, commercial fuel facility at the northwest corner of Newport and Bonita. RESOLUTION NO. RDA 87-9 - A RESOLUTION OF THE COMMUNITY REDEVELOPMENT AGENCY OF THE CITY OF TUSTIN, CALIFORNIA, APPROVING DESIGN REVIEW 87-23 FOR A SELF-SERVICE, CARD-LOCK, COMMERCIAL FUEL PUMPING FACILITY ON CON- TIGUOUS PROPERTIES LOCATED AT 13918-13922 NEWPORT AND 1016-1022 BONITA AVENUE Recommendation: Adopt Resolution No. RDA 87-9 as recommended by the Community Development Department. REDEVELOPMENT AGENCY ACTION AGENDA Page I 8-3-87 ADOPTE~ 7. SITE PLAN/DESIGN REVIEW 87-7, RUBY'S DINER, 205 EL CA~IINO REAL - RES¢'--'~ON NO. RESOLUTION NO. RDA 87-10 RDA 10 Site plan and architectural design review of a revised project with new site plan including an outdoor dining area, instead of the previously approved expansion. RESOLUTION NO. RDA 87-10 - A RESOLUTION OF THE COMMUNITY REDEVELOPMENT AGENCY OF THE CITY OF TUSTIN, CALIFORNIA, APPROVING THE REMODEL OF A RESTAURANT LOCATED AT 205 EL CAMINO REAL Recommendation: Adopt Resolution No. RDA 87-10 as recommended by the Community Development Department. NONE 8. OTHER BUSINESS 8:40 9. ADJOURNMENT TO the next Regular Meeting on August 17, 1987, at 7:00 p.m. REDEVELOPMENT AGENCY ACTION AGENDA Page 2 8-3-87