HomeMy WebLinkAboutRPT 1 P.C. ACT AGENDA 01-05-87REPORTS NO. 1 1~5-87 ACTION AGENDA TUSTIN PLANNING REGULAR I~EETING DECEI~BER 22, 1986 CALL TO ORDER: 7:30 p.m., City Council Chambers PLEDGE OF ALLEGIANCE/INVOCATION ROLL CALL: Present: Puckett, Baker, Pontious, Well (arrived at 7:33 p.m.) 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 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 December 8, 1986 Planning Commission Meeting. 2. Final Tract No. 12732, Multi Lot Subdivision for Condominiums 3. Final Parcel Map 85-246, Consolidate eight parcels into three. Chairman Puckett noted S~aff's request that Item t 2 be rescheduled to the January 12, 1987 meeting. Co~sstoner Pontious moved, Baker seconded ~o approve the consent calendar. Vote 3-0. 4. USE PERMIT 86-35 Applicant: Location: Request: Zov's Bistro 17440 E. Seventeenth St, Enderle Center Authorization to sell beer and wine on-site in conjunction with a restaurant use. Presentation: Laura Pickup, Assistant Planner RECOMMENDED ACTION: APPROVE USE PERMIT 86-35 BY THE ADOPTION OF RESOLUTION NO. 2380 RESOLUTION NO. 2380. A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF TUSTIN, AUTHORIZING A BEER AND WINE LICENSE FOR ON-SITE SALES AT 17440 E. 17th STREET. Planning Commission Action Agenda December 22, 1986 page ~o Comdsstoner He1] moved, Baker seconded to approve Use Permit 86-35 by the adoption of Resolution No 2380. Vote: 4-0. 5. USE PERMIT 86-36 Applicant: Location: Request: Presentation: RECOMMENDED ACTION: Joe Masstmino 13682 Newport Avenue Authorization to conduct live*entertainment Jeffrey S. Davis, Acting Senior Planner IT IS RECOMMENDED THE COMMISSION APPROVE USE PERMIT 86-36 FOR A PERIOD OF SIX (6) MONTHS BY THE ADOPTION OF RESOLUTION NO. 2381. A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF TUSTIN, RESOLUTION NO. 2381. AUTHORIZING OUTDOOR LIVE ENTERTAINMENT AT 13682 NEWPORT AVENUE. Comdsstoner mil moved, Ponttous seconded to approve Use Per,it 86-36 by the adoptton of Resolution No. 2381. Vote: 4-0. OLD BUSINESS None. NEW BUSINESS None. STAFF CONCERNS 6. REPORT ON COUNCIL ACTIONS OECEMBER 15, 1986 Presentation: Christine Shingleton, Director of Community Development COMMISSION CONCERNS Comflsstoner Puckett noted that the restrooes In Nagnolta Tree Park need repatr. AOJOURII~ENT At 8:05 p.a. ComJsstoner Wet1 moved, Pontlous seconded to adjourn the moetlng to the oext regularly scheduled moetlng on January 12, 1987. per AGENDA TUSTIN PLANNING CO~9IISSION REGULAR I"EETI NG DECEMBER 22, 1986 "A'*'A'"~ CALL TO ORDER: 7:30 p.m., City Council Chambers PLEDGE OF ALLEG[ANCE/[NVOCAT[O# ROLL CALL: Puckett, Netl, Baker, Le Jeune, Pontious 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 lq4E 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 ll4E 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 December 8, 1986 Planning Commission Meeting. 2. Final Tract No. 12732, Multi Lot Subdivision for Condominiums 3. Final Parcel Map 85-246, Consolidate eight parcels into three. PUBLIC HEARINGS 4. USE PERMIT 86-35 Applicant: Location: Request: Zov's Bistro 17440 E. Seventeenth St, Enderle Center Authorization to sell beer and wine on-site in conjunction with a restaurant use. Presentation: Laura Pickup, Assistant Planner RECOMMENDED ACTION: APPROVE USE PERMIT 86-35 BY THE ADOPTION OF RESOLUTION NO. 2380 RESOLUTION NO. 2380. A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF TUSTIN, AUTHORIZING A BEER AND WINE LICENSE FOR ON-SITE SALES AT 17440 E. 17th STREET. Planntng Commission Agenda December 22, 1986 page ~o Applicant: Location: Request: Presentation: RECOMMENDED ACTION: RESOLUTION NO. 2377. USE PERMIT 86-36 Joe Masstmino 13682 Newport Avenue Authorization to conduct live entertainment Jeffrey S. Davis, Acting Senior Planner IT IS RECOMMENDED THE COMMISSION APPROVE USE PERMIT 86-36 FOR A PERIOD OF SIX (6) MONTHS BY THE ADOPTION OF RESOLUTION NO. 2381. A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF TUSTIN, AUTHORIZING OUTDOOR LIVE ENTERTAINMENT AT 13682 NEWPORT AVENUE. OLD BUSINESS None. NEW BUSI#ESS None. STAFF CONCERNS 6. REPORT ON COUNCIL ACTIONS DECEMBER 15, 1986 Presentation: Christine Shingleton, Director of Community Development COMHISSION CONCERNS AD4OURNMENT Adjourn to the next regularly scheduled Planning Commission meeting. MINUTES TUSTIN PI.ANIIING CO~I$$ION REGULAR I~ETING OECENBER 8., 1986 CALL TO ORDE. R: 7:30 p.m., Ctty Council Chambers PLEDGE OF ALLEGZA#CE/INYOCATION ROLL CALL: Present: Puckett, Well, Baker, Le Jeune, Pontious PUBLIC CONCERNS: None. CONSEEr CALENDAR: 1. Minutes of November 24, 1986 Planning Commission Meeting. Moved by Comaflsstoner Net1, LeJeune seconded, to approve the Consent Calendar. Morton carried 5-0. PUBLIC HEARZIIGS 2. USE PERMZT 86-34 Applicant: Mr. Robert Savage on behalf of Great Western Real Estate Request: Authorization to expand an existing office building by 6,857 square feet. Location: 333 E1 Camino Real Presentation: Laura Pickup, Assistant Planner RECOMMENDED ACTION: APPROVE USE PERMIT NO. 86-34 BY THE ADOPTION OF RESOLUTION NO. 2377 RESOLUTION NO. 2377. A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF TUSTIN, 'AUTHORIZING A 6,857 SQUARE FOOT EXPANSION OF A BUILDING LOCATED IN THE PLANNED COMMUNITY COMMERCIAL AT 17240 E. 17TH STREET Laura Pickup recommended a change in Resolution 2373, Section II.7. at the end of the sentence add, "... pursuant to the approved landscaping plans" In discussion of the Resolution, Commissioner Well requested clarification on soil testing, wanted to allow woodchtps in planters due to soil improvement potential, expressed concern with contractor guaranteeing plant materials beyond 90 days, and staff requiring additional plant materials after approval of plans. She wants to be up front with applicants and eliminate complaints about added expenses after project approval. Planning CommtssJon Minutes Oecember 8, lg86 page two Laura Pickup responded the guarantee of plant materials for go days is to ensure consistency wi th the approved landscape plan; larger plants may sustain themselves for gO days. Staff needs a tool to replace plant materials. If upon field inspection the sot1 is found to be inadequate for approved plans, another specimen could be added. Soils testing is normally required when introducing new plant materials and guarantees the plants health. Commissioner LeJeune clarified that Great Western may lease a portion of the upstairs to another tenant. Chairman Puckett opened the public hearing at 7:45 p.m. Bob Savage, applicant, agreed with staff's recommendation and the conditions of approval in the resolution. He would prefer not to leave the plant materials open to staff's discretion after Commission approval, but will accept it if the Commission wishes. He confirmed Great Western has committed to the entire downstairs but the upstairs hasn't been decided yet. Seeing no one further wishing to speak, Chairman Puckett closed the public hearing at 7:47 p.m. During Commission discussion, Commissioner LeJeune clarified signage, Commissioner Baker expressed pleasure with quality of project especially at a City entrance and Commissioner Well requested correction of typo in Resolution II.F.3 to "soil". Further Commission discussion ensued concerning Item II.F.7. The Commission's concerns were if there had been problems in the past with inadequate landscaping and irrigation; in East Tusttn a full time staff member would need to be hired just to check to see if all the plants are alive. Christine Shlngleton explained this is a standard landscaping condition. The final approval is relative to the field inspection at the time the project is completed. Generally it is not uncommon to find planting materials inadequate at the point of inspection. As long as the corrections are made as requested and pursuant to the approved plan it is a condition that is meant to assist. She further clarified that the field inspection is conducted prior to issuing a Certificate of Occupancy. Bob Savage clarified the owner of the property is W.O.M.A. Enderle Trust II Of Tucson Arizona. Moved by Commissioner Well, seconded by Baker to approve Use Permit 86-34 by the adoption of Resolution No. 2377 with (2) two amendments. 1.) Delete from condition II. F.6 the reference to woodchips. 2.) Add the following to condition II.F.7. "...pursuant to the approved landscape plan." Motion carried S-O. Planning Com~tssfon Minutes December 8, 1986 page three Chairman Puckett pulled agenda item 4 for consideration before item 3. 4. USE PERMIT 86-37 Applicant: Location: Tai Au Yeung 2512 Walnut Avenue, Unit i Request: Authorization to sell beer and wine in conjunction with restaurant use. Presentation: Laura Pickup, Assistant Planner RECOMMENDED ACTION: APPROVE USE PERMIT NO. 86-37 BY THE ADOPTION OF RESOLUTION NO. 2378. RESOLUTION NO. 2378. A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF TUSTIN AUTHORIZING USE PERMIT NO. 86-37 TO ALLOW THE ON-SITE SALES OF BEER AND WINE IN CONJUNCTION WITH A RESTAURANT USE AT 2512 WALNUT AVENUE, UNIT 1 Commission discussion ensued concerning age of people serving and supervising the service of alcohol, the hours of operation (11 to g every day). Commissioner Baker aas concerned with the service of alcohol after the kitchen is closed. Moved by Commissioner Well, seconded by LeJeune, to approve' Use Permit 86-37 by the adoption of Resolution No. 2378 with the following amendment: 1.) Add the following to II.E. "The sale of alcoholic beverages shall be limited to the hours of 11:00 a.m. to 9:00 p.m. and is further restricted to a maximum of one hour after the kitchen is closed." Motion carried 5-0. 3. TENTATIVE TRACT MAP NO. 12763 Applicant: The Irvine Company Location: Request: Sectors 10 & 11 of the East Tustin Specific Plan To subdivide approximately 260 acres of land providing for development of specific land uses pursuant to the East Tustin Specific Plan. Presentation: RECOMMENDED ACTION: Jeffrey S. Davis, Acting Senior Planner RECOMMEND TO THE CITY COUNCIL APPROVAL OF TENTATIVE TRACT MAP NO. 12763 BY THE ADOPTION OF RESOLUTION NO. 2376. RESOLUTION NO. 2376. A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF TUSTIN, ~ECOMMENDING TO THE TUSTIN CITY COUNCIL APPROVAL OF TENTATIVE TRACT MAP NO. 12763 AND APPROVING THE CONCEPT LANDSCAPE PLAN FOR TENTATIVE TRACT NO. 12763. Jeffrey Davis informed the Commission the project meets all requirements of the California Environmental Quality Act. Resolution 2376 has been revised and passed out to Commission. He indicated there are six basic issues before the Commission: PlanntngComm!sston Htnutes December 8, 1986 page four 1) Disposition of 16 acre community park to be reserved and dedicated to the ctty; 2) The perimeter landscape plan wfth an additional tree type to be Included tn the theme; 3) Untt counts; 4) The Browntng corridor; 5) Further subdfvtston of lot [[ (dtvlde fnto two lots); 6) Jotnt use of school and park sftes. Hr. Davis also recommended the following changes to the.Resolution: Page 6, 2.5: Preparation of plans for and construction of all sanitary sewer facilities must be submltted as required by the CJty £ng~neer. These facllttJes shall tnclude a gravtty flow system per standards of the [rv~ne Ranch Water OJstr~ct, and shall be constructed pursuant to Condition 2.3. Page 6, 2.6: Preparation of plans for and construction of a domesttc water system to the standards of the [rvJne Ranch Water District/City of Tustln Water Service, whichever Js applicable at the tfme of plan preparatfon ts requfred. Construction shall be pursuant to Condition 2.3. Any requtred reclafmed water systems shall be to the standards as requtred by the [rvJne Ranch Water District. Page 7, B: Oedtcatfon of all vehfcular access rtghts to Tusttn Ranch Road, Bryan Avenue, Browntng Avenue, [rvfne Boulevard, Jamboree (Hyford Road), "A", "8", and "C" Street except at designated street openJ.ngs as requtred deftned and approved as to spectftc location by the Ctty Engfneer. Page 7, C.[.: Submfttal and approval by the ~epar:ment of Community Development of a solls report and rough gradtng plans submitted by SubdJvlder's regJstered sot1 and ctvll engineers. In addttton to a standard sotl report, Subdivider shall also provtde soil testfng for fertility/agronomy wtth any recommendations for sotl amendments. Page 8, (6): Subdivider shall provtde concepts for any jofnt use as required by condition 4.4 of thts resolution. Page 9, 4.3: Prior to fssuance of any bufldtng permtts for any project that falls under the Browntng Corridor, a complete no~se study shall be conducted and submitted to the C~ty for revtew. In addttlon to Community No~se Equivalency Levels (CNEL) satd study provlde Information on sfngle event notse measurements as generated by helicopter flyovers for Information purposes only. Page [0, 4.5: Prtor to ~ssuance of project level bufldlng permtts or recordation of project level Final Maps, whfchever occurs f~rst, the Subdivider shall provide a mechanism for landscaped maintenance and ownershfp of all lettered lots utilized' for landscape purposes by adjoining community associations wtthtn the tract. Satd agreement shall be subject to approval of the Ctty Attorney, Ctty £ngtneer and Otrector of Communfty Development. The Otrector added the following change to the resolution: Page 11, 3: (end of 2nd paragraph) . . . Place note on landscaping plans that "adequacy of coverage of landscaping and Irrigation materials ts subject to ffeld Inspection at project completion by the Department of Communfty Development." Upon completion of Inspection, the Department reserves the rtght to request fnstallatfon of additional landscaping pursuant to the approved landscaping plaDs. Planning Commission Minutes December 8, [986 ~age ftve C~alrmen Puckett opened the public hearing at 8:25 p.m. The following people spoke: Jay Pierce, The Irvine Coflpany, agreed with proposed conditions in the resolution. He also informed the Commission that agreement has been made wi th the school district for school sites. The Commission questioned Jay Pierce if the perimeter wall could be staggered to allow opening for access for school children; if more color could be added in the landscaping; and, if the Olive trees would be sprayed to prohibit fruit. Jay Pierce responded the Con, any will consider staggered opening in the wall in a couple of locations; there will be more color in the landscaping; and, the tree spraying will be included in the maintenance specifications. Further Commission discussion ensued concerning different types of trees in case of bug/disease infestation, landscape aesthetic value; Browning Corridor singleevent noise level readings for the prospective buyers, CNEL information to be used for for mitigation purposes; bike lanes on Bryan; sports facilities lighting plans; perimeter wall landscaping maintenance responsibility ;eeing no one further wishing to speak, Chairmen Puckett closed the hearing at 8:35 Commissioner Wetl requested a letter of agreement from the school district regarding the school/park joint use. She also requested omitting the sentence on Page 7, C.1. regarding the requirement for a soil report. She felt it not necessary. With grading, the final product may not be what is in the report. She also requested clarification on page g, 3.3 to 3.5. Christine Shingieton explained the City has received verbal agreement from the school district and will follow up in writing. She clarified that the soils report is specifically requested by the Community Services Director because the information will be helpful for park site planting materials. She further explained Page 9, 3.3 to 3.5 was placed by the Public Works Department so that in the event of an overflow of the E1Modena Channel the grading plan for the other public improvements would be able to provide secondary relief. Moved by Commissioner Ponttous, seconded by Wetl, to recommend to City Council approval of Tentative Tract Map No. 12763 by the adoption of Resolution No. 2376 with staff's recommended editorial revisions. Motion carried 5-0. NEW BUSINESS None. 1LO BUSINESS ~one. Planning Commission Hlnutes December 8, 1986 )age si x STAFF CONCERNS 5. REPORT ON COUNCIL ACTIONS DECEMBER 1, 1986 Presentation: COMM[SSIO# CO#C£R#S Christine Shtngleton, Director of Community Development Commissioner Wetl reported that after the North Tustin annexation meeting there were a lot of irate residents that were disappointed in the meeting outcome. Commissioner Well further expressed concern with a sign at the Arco AM/PM on Redhill and Mtthcell. Commissioner Le Jeune requested the status on Ruby's Restaurant. Christine Shingleton reported that she and the Building Official met with the prospective tenant. The lender has requested a hold on the expansion until they can be successful with minor renovations. There are some problems on the size and type of modification needed to meet building codes. Commissioner LeJeune further requested whether slgnage at the 7-11 stores on Newport ~nd Walnut should direct left turns onto Walnut. Commissioner LeJeune also requested staff supply another set of plans for projects be placed in the audience for their review. Commissioner LeJeune also pointed out there is graffitti on walls on Browning between I-5 and Walnut and wondered who is responsible for clean up. ADJOURI~qE#T Commissioner Well moved, Baker seconded to adjourn at 8:55 p.m. to the next regularly scheduled Planning Commission meeting on December 22, 1986. Motion carried 5-0. CHARLES E. PUCKETT, Chairman )ONNA ORR, gecordtng Secretary Report to the Planning Commission ITEM NO. 2 DATE: DECEMBER 22, 1986 SUBJECT: FINAL TRACT NO. 12732 APPLICANT: BREN COMPA#Y ONE CIVIC CENTER PLAZA, SUITE 100 NENPONT BEACH, CA. 92660 LOCATION: EAST TUSTIN RESIDENTIAL PHASE I, AREA NO. 2, PROJECT AREA IS BOUNDED BY BRYAN AVENUE, TUSTIN RANCH ROAD, EL CAMINO REAL AND PARKCENTER LANE AS SHONN ON TRACT NO. 12345. ZONING: PLANNED CONP~UNITY RESIDENTIAL ENVIRONMENTAL STATUS: EIR 84-3 COVERING THE SUBJECT PROJECT AREA NAS CERTIFIED IN COMPLIANCE NITH THE CALIFORNIA ENVIROMNELTAL QUALITY ACT. REQUEST: THAT THE COI~ISSION RECOIqMEND TO CITY COUNCIL APPROVAL OF FINAL TRACT NAP NO. 12732 AUTHORIZING A MULTI-LOT SUBDIVISION FOR RESIDENTIAL CONDOMINIUM PURPOSES: DISCUSSION: Pending receipt of all final documentation concerning bonds. CC & R's and other miscellaneous items, staff will forward a complete report on the subject item prior to the December 22. 1986 meeting. S, 6i'~u~i ty DJve~opme,?x~ JSD:pef Community Development Department Report to the Planning Commission Item # 3 DATE: SUBJECT: APPLICANT: LOCATION: ZONING: ENVIRONMENTAL STATUS: REQUEST: DECEMBER 22, 1986 FINAL PARCEL MAP 85-246 PSOMAS & ASSOCIATES ON BEHALF OF CARVER DEVELOPMENT PARCELS ON SOUTH SIDE OF MAIN AT NEgPORT AVENUE (WEST SIDE) SOUTHERLY TO EL CAMINO REAL PLANNEO CO,UNITY CO~ERCIAL A NEGATIVE DECLARATION MAS. PREVIOUSLY APPROVED FOR THE PROJECT IN CONJUNCTION WITH USE PERMIT 85-9 CONSOLIOATE EIGHT (8) PARCELS INTO THREE (3) PARCELS RECO~I~ENDED ACTION: Recommend to the City Council adoption of Resolution No. 2382. approval of Final Parcel Map 85-246 by the BACKGROUND AND DISCUSSION: On June 10, 1985, Use Permit 85-9 was approved for the development of a 90,000 sq. ft. retail center and 46,000 sq. ft. office complex by Carver Development known as Tustin Plaza. The developer subsequently requested authorization to consolidate eight (8) parcels into three (3) parcels to accommodate the development. On August 12, 1985 the Planning Commission held a public hearing on Tentative Parcel Map 85-246 and recommended approval to the City Council. On August 19, 1985 the City Council approved the tentative map by the adoption of Resolution No. 8S-88 with conditions. The map shows Parcel i of 1.56 acres and Parcel 2 of 1.27 acres for office development. Parcel 3 of 7.9 acres contains the retail commercial center. , community Development Department Planning Commission Report December 22, 1986 Page two The final mqp is in substantial compliance with the tentative map. All the conditions of the tentative map have been complied with. Associate Planner MAC:pef Attachments: Tentative Map Final Map Resolution No. 2382 Resolution.No. 85-88 Director of Community Development Corn munity l~velopmen! Department 1 2 3 4 5 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 RESOLUTION NO. 2382 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF TUSTIN, RECOMMENDING APPROVAL OF FINAL PARCEL MAP 85-246 LOCATED AT TH£ SOUTHWESTERLY CORNER OF MAIN AND NEWPORT SOUTHERLY TO EL CAMINO REAL The Planning Commission of the City of Tustin does hereby follows: I. The Planning Commission finds and determines as follows: Ae II. resolve as That Final Parcel Map No. 85-246 was submitted to the Planning Commission pursuant to Ordinance 847 by Psomas and Associates on behalf of Carver Development requesting authorization to consolidate five (5) lots into three (3) lots for the properties known as portions of Blocks 20, 21, 33 and 34 recorded in Book 4, Pages 218 and 219 of Miscellaneous Records in the office of the County Recorder of Los Angeles County and portions of Block "A" of the South Tusttn Tract as recorded in Book 1, page 99 of miscellaneous maps, records 'of Orange County and a portion of Laguna Road (abandoned) now known as E1Camino Real. B. That said map is in conformance with the Tustin Area General Plan. C. That a Negative Declaration was previously approved for the project. D. That the final map is in conformance with the tentative map. The Planning Commission hereby recommends to the City Council approval of Final Parcel Map No. 85-246 subject to the final approval of the City Engineer. PASSED AND ADOPTED at a regular meeting of the Tustin Planning Commission, held on the day of , 1986. CHARLES E. PUCKETT, Chairman DONNA ORR, Recording Secretary MAC:pef 28 ;! JJJJJ;I ~Ji~JiJ ii,iii!i, ,,~,~a~. ,o.,,~ IN THE CITY.OF TUSTIN, C~TY OF ORANGE, STATE OF CALIFORNIA, BONITA BTREET [ PARCEL H^P ~0. 8~-246 ZN THE CZTY OF TUSTIN, COUNTY OF ORANGE, STATE OF CALIFORNZA. DATE ~F SUllen. ~ I~. PARCEL ._ / SAN JUAN' STREET WALNUT STREET 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. 85-88 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TUSTIN, APPROVING TENTATIVE PARCEL MAP 85-246 LOCATED AT THE SOUTHWESTERLY CORNER OF MAIN AND NEWPORT SOUTHERLY TO EL CAMINO REAL The City Council of the city of Tusttn does hereby resolve as follows: I. The City Council finds and determines as follows: That Tentative Parcel Map No. 85-246 was submitted to the City Council pursuant to Ordinance 847 by Psomas and Associates on behalf of Carver Development requesting authorization to consolidate 8 lots into 3 lots for the properties known as portions of Blocks 20, 21, 33 and 34 recorded in Book 4, Pages 218 and 219 of Miscellaneous Records in the office of the County Recorder of Los Angeles County and portions of Block "A" of the S. Tustin Tract as recorded in Book 1, page 99 of miscellaneous maps, records of Orange County and .a portion of Laguna Road (abandoned) now known as E1Camino Real. B. That said map is in conformance with the Tustin Area General Plan. C. That a Negative Declaration was previously approved for the project. II. The City Council hereby approves Tentative Parcel Map No. 85-246 subject to the following conditions: 1. Following right-of-way dedications shall be required for street and bike trail purposes: a. Main St. - 10 ft. dedication to accommodate a fifty foot wide half street on the southerly side. b. Newport Ave. - 17 ft. dedication to accommodate a fifty foot wide half street on the westerly side and a ten foot wide bike trail. c. Dedication of corner cut-offs/radii at each curb return to provide city standard curb return radii at all intersections. Construction of public improvements along the Main St., Newport Ave. and Sixth St. frontages. These improvements will include but not be limited to the following: a. Street paving b. Curb and gutter FILE COPY 2 3 4 5 6 7 8 9 10 11 12 13 14 15 17 18 20 21 22 23 2~ 25 27 28 ~esolution No. 85-88 ~age two e 7e m g. h. I. j. k. Sidewalks Bike trail paving, signing and striping Traffic signal installation (50S) at Sixth/Newport Driveway construction Storm drain extensions and facilities as required Marbeltte street lights with underground electrical feed Domestic water and fire service systems Connection of all building structures to sanitary sewer system Street trees as requtred Submission of a final grading plan for review and approval. Enlargement of curb return radius at Main St. and Newport Ave. (southwesterly corner). Maintenance of all landscaping located within public right-of-way. Whenever a five (5) foot sidewalk is utilized adjacent to the curb as proposed, the remaining three {3) feet of right-of-way shall be maintained for street lights, signing, fire hydrants and other public utilities. The sidewalk on Sixth St. shall be a full width sidewalk (10 feet) for commercial projects. Payment of following fees at the time a building permit is issued: me be County Sanitation District No. 7 sewer connection fee based upon $50.00/1,000 sq. ft. of building area and any front footage fee for connection to a County Sanitation District sewer (if required). East Orange County Water District fee. Contact Earl Rowenhorst of Tustin Water Service for fee amounts. Water improvement plans shall be approved by the Fire Chief for fire protection including distribution of fire hydrants, design and adequacy. ~ASSED AND ADOPTED at a regular meeting of the City Council, held on the 16th day of September , 1985. ~ -- FRANK H. GREINKE, MAYOR ~TTEST: STATE OF CALIFORNIA ) COUNTY OF ORANGE ) § CITY OF TUSTIN ) MARY E. WYNN, City Clerk and ex-officio Clerk of the City Council of the City of Tustin, California, does hereby certify that the whole number of the members of the City Council of the City of Tustin is five; that the above and foregoing Resolution No. 85-88 was duly and regularly introduced, passed and adopted at a regular meeting o-'~?-'-the City Council held on the 16th day of September, 1985, by the following vote: AYES : COUNCILPERSONS: Edgar, Hoesterey, Saltarelli NOES : COUNCILPERSONS: Kennedy ABSENT: COUNCILPERSONS: Greinke MARY E. WYN~', City Clj)rk City of Tustin, California Report to the Planning Commission ITEH NO. 4 DATE: DECEMBER 22, 1986 SUB3ECT: USE PERMIT NO. 86-35 APPLICANT: GARBIS AND ZOVAK KARAMAROIAN 15701TOURAINE WAY IRVINE, CA 92714 PROPERTY O~IIER: WALLACE ENDERLE P.O. BOX 6221 ANAHEIM, CA 92701 LOCATION: 17440 E. SEVENTEENTH STREET, SUITE A ZONING: PC-PLANNED C~UNITY COI~ERCIAL ENVIRONMENTAL STATUS: CATEGORICALLY EXEMPT CLASS I REQUEST: AUTHORIZATION FOR AN ON-SITE BEER AND WINE LICENSE IN CONJUNCTION WITH A RESTAURANT USE. (LICENSE TYPE NO. 4I) RECOMMENDED ACTION: Approve Use Permit No. 86-35 by the adoption of Resolution No. 2380. SIJI~RY: An application has been filed by Garbts and Zovak Karamardian on behalf of Zov's Bistro requesting authorization for on-site beer and wine sales in conjunction with a restaurant use. Zov's is an independent restaurant'serving appetizers, sandwiches and specialty items. A copy of the proposed menu is attached as an example. The proposed location for this restaurant is at 17440 E. Seventeenth Street in the Enderle Center. Staff has identified certain critical issues related to this application regarding hours of operation and proximity to schools and supervision of employees who sell alcoholic beverages as discussed below. ANALYSIS AND CONCLUSIONS: In discussion with the applicant the proposed hours of operation for Zov's Bistro would be similar to other restaurants in the area. These hours will be from 9:00 -a.m. to 10:00 p.m. As with all Type 41 Licenses (on-site beer Community Development Depariment Planning Commission Report Use Permit 86-35 Page two and wine sales in conjunction with a restaurant use), the majority of gross sales must be in food items as opposed to liquor. The closest school to Zov's Bistro is Helen Estock Elementary nean Irvine Boulevard an~ "B" Street. This school is over three-quarters of a mile away, therefore, school children are not considered to be affected. Staff has prepared the following requirements as conditions of approval: 1. All alcoholic beverages shall be consumed on-site. Alcoholic beverages shall be sold during the hours of 9:00 a.m. and 10:00 p.m. and only when food is concurrently sold. e The restaurant menu shall consist primarily of foods that are prepared on-site. 4. No "bar" type seating is allowed at this location. Authorization for an on-site beer and wine license is contingent upon the use remaining as a restaurant. At such time the restaurant use is discontinued, authorization for the beer and wine license will be null and void. All persons selling or serving alcoholic beverages must be at least 18 years of age and the restaurant shall be supervised by someone over 21 years of age or older while the restaurant remains open. With these conditions staff considers this use appropriate for the area and recommends approval by the adoption of Resolution No. 2380. L-AUI~A CAY PICICOP, Assistant Planner CHRISTINE SHINGLETON,~ " Director of Community Development LCP:jm:pef Attachments: Resolution 2380 Site Plan Floor Plan Menu Community Development Department 5 6 7 8 9 11 12 13 14 15 17 '18 19 2O 25 26 27 28 1 2 4 RESOLUTtON NO. 2380 A RESOLUTION OF THE PLANNENg CO~MISS~O~ OF THE C~TY OF TUST~N, AUTHORIZinG A BEER AND W[NE LICENSE FOR ON-SiTE SALES AT 17440 E. 17TH STREET The Planning CommiSSion of the City of Tustfn does hereby resolve fO?7ows: Eo The Planning Co~fssfon finds and determfnes as fO?lows: A. That a Proper application (Use Permft 86-35) the Karamardfans requesting aUthorfzat has been ffTed by (type 41) to sell beer fort for an ABC license E. 17th Street. and wine for on-site consumption at 17440 B. That a public hearing was duly called, noticed and held on said application. C. That estab?fshment, maintenance and operation of the ~e°-~i~f~t/al n~:'th~n~:~,.~he _[frcumstances use app/ied o~1[~ of the Persons':~r,[~rety, mora?s ~_. this case, be o~n Proposed use ^_:~u~ng or wor~k~nL ~m~rt, ~r eneral · ~v,~enced by the ~ ~n~lngs: 1. The sale of beer and wine is on-site consumption only. ~ That sale of beer and wine is limited to hOUrs of operation between 9:00 a.m. and 10:00 concurrently SOld. P.m. and only when food 3. The Closest SChool fs over three-quarters of a m~le away, therfore, SChool children are not affected. 4. The use applied for is in general Plan. conformance w~th the Tust~n S. The use applied for is an allowed use ~n the PC-Planned Community Commercial Zone. That the establfshment, maintenance and operation of the app?fed for Property and wi1? not be fn~urfous or detrf Property, nor ~ ~,e general a _~'~"°Ornood of ~ .one Should be granted, w~lfare or the ++~ .~ ?e ?b3ect c.~ ur eust~n, and Proposed development shall be fn accordance with the development poTfcfes adopted by the City COuncil, Uniform Building Codes as administered by the BUilding Official, by the Orange County Fire Fire Code as administered requirements as administered Marshal1, and Stree by the City Engineer. t improvement That this Project fs categorfcaTTy exempt from the requirements of the CaTffornfa EnvfronmentaT Oualfty Act, Class as 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 Resolution No. 2347 page two II. G. Final development plans shall require the review and approval of the Community Development Department. The Planning Commission hereby approves Conditional Use Permit No. 86-35 to authorize the issuance of an on-site beer and wine license at 17440 E. 17th Street subject to the following conditions: A. All alcoholic beverages shall be consumed on-site. B. Alcoholic beverages shall be sold during the hours of g:o0 a.m. and 10:00 p.m. and only when food is concurrently sold. The restaurant menu shall consist primarily of foods that are prepared on-site. D. No "bar" type seating is authorized at this location. E. Authorization for an on-site beer and wine license is contingent upon the use remaining as a restaurant. At such time that the restaurant use is discontinued, authorization for the beer and wine license will be null and void. F. All persons selling or serving alcoholic beverages shall be eighteen years of age or older and shall be supervised by someone twenty-one years of age or older while the restaurant remains open. G. The applicant shall complete and return an "Agreement to Conditions Imposed" form as required by the Director of Community Development. PASSED AND ADOPTED by the Planning Commission of the City of Tustin on this day of , 1986. CHARLES E. PUCK[TT, Chairman DONNA ORR, Recording Secretary LCP:jm:pef 28 APPITIZERS PIZZA ...................... GRAPE LEAVES ................. SCAMPI ...... -TABOULE S.~ T.A.D SOUP OF THE DAY. SOUPS ,SALADS TOSSED GREEN SAT.AD- -~HGtCE OF ANY 3 SALADS FROM DELI DISPLAY SANDWICHES TURKEY, ROAST BEEF, CORNED BEEF, PASTRAMI OR TUNA SMOKED sAr.MON SERVED ON RYE WITH CUCUMBER AND DILLED CREAM CHEESE. SPECILATIES ANGEL HAIR PASTA WITH GOAT CHEESE. GRILLED SALMON WITH CAPER SAUCE CHICKEN BREAST 'WITH MUSHROOM SAUCE. DESSERTS WHITE CHOCLATE CHEESCAKE WITH PRALINE CHOCLATE TORTE WITH RASBERRY PUREE. LEMON PAVE. FRUIT TART- BEVERAGES COKE, 7UP, FRESH FRUIT JUTCES, WINE, BEER, COFFEE, EXPRESSO, CAPPACINO ZOV!s BISTRO 17440 E 17th Street Tustin, Calif 92630 714-838-8855 0 Report to the Planning Commission DATE: SUBJECT: APPLICANT: LOCATION: ZONING: ENVIRONMENTAL STATUS: DECEHBER 22, 1986 USE PERMIT NO. 86-36 MR. JOE MASSIHINO 13682 #EWPORT AVENUE TUSTIN, CA 92680 REQUEST: Item # 5 13682 NEWPORT AVENUE (SAN REHO ITALIAN HARKET) RETAIL COI~ERCIAL (C-1) DISTRICT CATEGORICALLY EXEMPT FROM THE REQUIREMENTS OF THE CALIFORNIA ENVIRONHENAL QUALITY ACT AUTHORIZATION TO PROVIDE LIVE ENTERTAINMENT ON A LIMITED BASIS AT 13682 MEWPORT AVEMUE. RECOI~ENDED ACTION: It is recommended the Commission approve Use Permit 86-36 for a period of six (6) months by the adoption of Resolution No. 2381. SIJMMARY: Use Permit Application 86-36 is a request by Mr. Joe Massimino for authorization to provide live entertainment at his market located at 13682 Newport Avenue. The specific request is for Sunday afternoon "Jazz sessions" which would be held from 12:30 to 3:30 p.m. These sessions would be conducted outside of the market in the front setback area. Although the zoning code generally only permits business activities to be conducted within structures, there are provisions in the code which make exceptions. Presentation of live entertainment is one of those exceptions. Pursuant to Sections 3228 and 9270 of the Municipal Code, live entertainment, may be authorized subject to administrative procedures and approval of a Conditional Use Permit. Mr. Massimino applied for the required Use Permit after staff was made aware that concerts were being conducted without authorization. The concerts have continued {one held on December 14, 1986) even though the applicant was advised to cease the activity pending approval of required Use Permit. Community Development Department Planning Commission Report Use Permit 86-36 Page two DISCUSSIO#~ Prior to an analysis of the request submitted, the following items should be noted. In any action approving live entertainment, the Commission must determine t~at the case under consideration will be compatible with the surrounding area. Section 9270b of the City Code states the Commission shall consider the following factors when determining the compatibility issue: 1. Damage or nuisance from noise or vibration. Hazard occasioned by unusual volume or character or traffic or the congregating of a large number of people or vehicles. PROJECT ANALYSIS: As submitted, the applicant is requesting that a jazz group be permitted to play between the hours of 12:30 and 3:30 p.m. on Sundays. The attached exhibit shows the area in which the band would perform. Based on staff's observation of a recent session, approximately 15 to 25 people attend the event. Although the applicant has held several of these openatr concerts without benefit of proper permits, staff has not received any complaints from the neighborhood. However, based in part upon concerns raised by the Police Department relating to potentially hazardous conditions to pedestrian and vehicular traffic, the applicant has been advised to discontinue the concerts pending approval of a Conditional Use Permit. In reviewing the application for Use Permit 86-36, several areas of concern have been identified by staff. These areas are: parking, traffic related issues, obstruction of public rights of way, and noise. Parking: The subject site is currently jointly occupied by the San Remo Market and a pre-school with a total of 14 on-site spaces available. Normally this number would be sufficient to accommodate the market as well as concert events based upon past attendance. However, given the location in which the band has situated and the manner in which the audience congregates, access to the parking lot may be obstructed. Therefore, patrons utilize parking on Newport Blvd. Andrews Street and adjacent office buildings. ' The applicant has indicated he can enter into agreements with other businesses in the vicinity for on-site parking space if he is granted authorization to continue the concerts. Traffic Related Issues: Again as a result of the proximity of the band's location to Newport Avenue, problems are created. In terms of traffic issues, staff, including the Police Department is concerned that the tendency for drivers of passing vehicles to Community Development Department Planntng Commission Report Use Permtt 86-36 Page three be distracted by events on the site is a potential traffic hazard. ^ddltlonally, unsuspecting motorists wishing to turn Into San Remo's driveway may be obstructed ay people gathered around the stage area. This in turn creates a potential movement confltct and may be hazardous to bystanders.. Obstruction of Public Rights-of Way: With people assembled in the limited area in front of the market, the public sidewalk at times is partially obstructed. Pedestrians may be required to either move through the crowd or, are more likely to travel into the street right of way. This condition is not acceptable and staff would be concerned with liability issues if Use Permit 86-36 is approved and these conditions are allowed to continue. Noise: As with any outside entertainment application staff is concerned with noise impacts on surrounding uses. However, since the site is located on an arterial highway, the ambient noise.level is not affected. Further, since staff has not received any complaints from neighboring'businesses or residents it is presumed noise levels are acceptable to the community. Specific Project Recommendations: As proposed, the use requested appears to be compatible with the surrounding area given the infrequent event schedule and no obvious adverse noise impacts. Additionally, staff has received several comments from area residents supporting continuation of weekly jazz sessions. However, staff does have concerns and recommends that if Use Permit 86-36 is approved the band be relocated to the rear of the parking lot shown on the attached site plan. In this fashion, problems associated with pedestrian and vehicular traffic can be addressed. Provided this change to the proposed application is made and conditions contained in Resolution No. 2381 are imposed, staff recommends approval of Use Permit 86-36. Director of Community De~4.~lopmen~0 - JSD:jm:pef Attachments: Resolution No. 2381 Site Plan Violation letter to Applicant Community Development Department 1 3 4 $ 6 7 8 9 10 11 13 14 16 17 18 19 20 24 ~5 ~6 28 RESOLUTION NO. 2381 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF TUSTIN, AUTHORIZING OUTDOOR, LIVE, ENTERTAINMENT AT 13682 NEWPORT AVENUE, The Planning Commission of the City of Tustin does hereby resolve as follows: I. The Planning Commission finds and determines as follows: Ae A proper application, {Use Permit 86-36) has been filed by Joe Masstmino, to request authorization to provide outdoor, live, entertainment once a week at 13682 Newport Avenue. Be That a public hearing was duly called, noticed and held on said application. Ce Establishment, maintenance and operation of the use applied for will not, under the circumstances of this case, be detrimental to the health, safety, morals, comfort, or general welfare of the persons residing or working in the neighborhood of such proposed use, evidenced by the following findings: The use requested is permitted pursuant to Sections 3228 and Sections 9270 of the Municipal Code subject to approval of a Constitutional Use Permit. With appropriate conditions of approval imposed, the use requested will not adversely impact the immediate vicinity in terms of unusual volume or character of traffic or the congregating of a large number of people or vehicles. The proximity of the requested use to an arterial highway precldes noise levels generated from the band from adversely impacting the ambient noise level in the area. The use requested is compatible with other commercial uses in the vicinity and, therefore, is in conformance with the Tustin Zoning Ordinance. The use requested is in conformance with the Tustin Area General Plan as it relates to commercial land uses. De The establishment, maintenance, and operation of the use applied for will not be injurious or detrimental to the property and improvements in the neighborhood of the subject property, nor to the general welfare of the City of Tustin, and should be granted. Ee Proposed development shall be in accordance with the development policies adopted by the City Council, Uniform Building Codes as administered by the Building Official, Fire Code as administered by the Orange County Fire Marshal and street improvement requirements as administered by the City Engineer. 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 2O 21 22 23 24 25 26 27 28 Resolution No. 2381 page two Final development plans shall require the review and approval of the Community Development Department. The Planning Commission hereby approves Conditional Use Permit' No. 86-36 authorizing outdoor, live, entertainment at 13682 Newport Avenue subject to the following conditions: Formal agreements between the applicant and neighboring property owners, of the applicants choice, securing a minimum of 20 on-site parking spaces shall be submitted to the Director of Community Development. Said spaces shall be available for attendees of weekly events from 12:00 - 4:00 p.m. each day a concert is scheduled. The live entertainment authorized shall be limited to the following days and times: a) Sundays from 12:30 to 3:30 p.m. Any revisions to this restriction must be reviewed and approved by the Director of Community Development. The band stage area shall be located in the rear of the parking area shown on Exhibit "A" of the "Report to the Planning Commission" dated December 22, 1986 concerning the subject use permit. The driveway to the parking area shall be closed and properly signed in a manner acceptable to the Director of Public Works, Chief of Police and the Orange County Fire Department. At all times during any scheduled performance one parking space, adjacent to Newport Avenue, shall remain open and unobstructed during any scheduled performance to accommodate emergency medical vehicles. Persons in attendance of any scheduled performance shall be required to remain on private property and should be confined to the parking lot area. At no time may any public rights of way be obstructed by persons and/or equipment in conjunction with scheduled programs even for a limited period of time. 6. No devices advertising weekly performances including, but not limited to banners, "A" frame signs, posters, or handbills shall be permitted to be displayed at any time. 7. No fee or admission charged shall be collected from persons wishing to view scheduled performances. 2 3 4 5 6 7 8 9 10 11 12 13 i4 15 16 17 18 19 20 21 22 23 :24 25, 26 27 28 Resolution No. 2381 page three Se No alcoholic beverages may be sold, distributed or consumed outside of the market prior to, during, or after any scheduled performnces. e Wrttten verification from the property owner of the subject site Indicating activities requested and otherwise approved herein are authorized shall be submitted to the Director of Community Development. lO. Approval of Use Permtt 86-36 ts valtd for a period of stx months and shall expire on June 22, 1986 unless extended by the Planntng Commission. A request for extension must be submitted by the applicant prior to expiration date and satd extension may only be granted following an advertised publtc heartng. At the'ttme of any such heartng additional revtews or conditions may be requfred/imposed as deemed appropriate by the Commission. Subsequent heartngs shall be conducted without expense to the applicant. il. Non-compliance wtth any of the conditions contained herein ts sufficient grounds for the Director of Community Development or the Chief of Poltce to suspend activities authorized pending formal review by the Planning Commission. 12. All electrical equipmentused in conjunction with scheduled events shall be installed and/or maintained in conformance with applicable provisions of the Uniform Building Codes, Uniform Electrical Codes and Uniform Fire Codes as adopted by the City. 13. The applicant shall sign and return an Agreement to Conditions Imposed form as required by the Director of Community Development. PASSED AND ADOPTED by the Planning Commission of the City of Tustin on this __ day of , 1986. CHARLES E. PUCKETT, Chairman DONNA ORR, Recording Secretary OSD:jm:pef .I September 22, 1986 Department of Corarauni~ Development ~r. 3. ~a~samino San Remos 13682 Newport Avenue Tusttn, CA 92680 SUBECT: YIOLATIONS OF TIlE TUSTIN MUNICIPAL CODE AT 13682 NEWPORT AYE#UE, TUSTI# Dear Mr. Massamino: As a result of routine field inspections and recent co~laints filed by the Police Department, certain violations have been noted at the subject location. The following conditions are considered in violation and shall be rectified: 1. All permanent and te~orary signs in the windows shall be limited to an area of 25% of the window area; 2. All outdoor storage of miscellaneous items in the parking lot (stacking crates, wood, paint cans and other odd items) shall be removed; 3. Any live entertainment provided at the subject property must have prior approval and permits issued by the License and. Permit Board, our files show no record of such a permit; 4. Should any permanent outdoor activities be requested (such as the Sunday Jazz sessions) a Conditional Use Permit must be approved by the Planning Commission. Please remove all signs in the windows, remove all outdoor storage, and discontinue the Jazz sessions within five (5) days of this notice. Should you wish to obtain approval for the outdoor Jazz sessions, please contact me as soon as possible to initiate permit procedures. Should you have further questions, please call. Sincerely, Assistant Planner LCP:em CC: William Huston, City Manager 3_0_0 Centennial Wa~ · Tustin. California 92680 · (714).5a,~-~f~qo Planning Commission DATE: I)ece~er 22 1986 SUBJECT: REPORT ON COUNCIL ACTiOliS - I)ece~ber 15, 1986 Oral presentatt on. do Attaclments: Ctty Counct1 Action Agenda - Deceeber 15, 1986 L Community Development Department ACTION AGENDA OF A REGULAR MEETING OF THE TUSTIN CITY COUNCIL DECEMBER 15, 1986 7:00 P.M. 7:01 ALL PRESENT I. CALL TO ORDER/PLEDGE OF ALLEGIANCE/INVOCATION II. ROLL CALL III. SPECIAL PRESENTATIONS PRESENTED TO DAVID'1. PLAQUE FOR DAVID EDGAR, CHAIRMAN, TUSTIN TILLER DAYS PARADE EDGAR PAT BUTRESS 2. SOUTHERN CALIFORNIA EDISON TO THE CITY OF TUSTIN PRESENTED THE CENTENNIAL SCROLL IV. PUBLIC HEARINGS APPROVED STAFF RECOI~ENDATION NO. 2 APPROVED STAFF RECOI~ENDATION NONE V. VI. APPROVED 1. PROPOSED DIAMOND HEAD/GARLAND ANNEXATION NO. 137 PROTEST HEARING. Subject annexation was initiated by Tustin City Council on August 4, 1986. The territory conta'ins approximately 26.9 acres and consists of two parcels. Parcel I is located north of Bryan, east of Red Hill Avenue (approximately 22.4 acres). Parcel 2 is west of Red Hill Avenue, north and south of Garland Avenue (approximately 4.5 acres). Recommendation: Direct staff to prepare a resolution making one of the following findings regarding the value of written protests Terminate the proceedings if written protests have been filed and not withdrawn by 50% or more of the registered voters within the affected territory; OR 2) Order the territory annexed without an election.. 2. 13TH YEAR APPLICATION IN THE COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM (HCD) A citizen participation meeting was held on December 5, 1986. The City proposes to submit an application to the County of Orange for HCD funds for public facilities improvements ($250,000), rehabilitation of housing stock ($100,000) and as a contribution to.the Senior Center project ($100,000). Recommendation: Approve by Minute Order, submittal of the 13th Year CDBG application for Fiscal Year 1987-88. PUBLIC INPUT (For City of Tustin Residents and Businesspersons on any matter, and for Water Service Customers having a concern unresolved by Administrative procedures-) CONSENT CALENDAR 1. APPROVAL OF MINUTES - DECEMBER 1, 1986, REGULAR MEETING CITY COUNCIL ACTION AGENDA Page I 12-15-86 'PPROVED APPROVED STAFF RECOI~qENDATION APPROVED STAFF RECOI~qENDAT[ON 2. APPROVAL OF DEMANDS IN THE AMOUNT OF $146,001.53 RATIFICATION OF PAYROLL IN ll~E AMOUNT OF $1,116,890.24 AGREEMENT FOR DESIGN OF NEIGHBORHOOD PARK TRACT NO. 12345 Approve the agreement for professional services with the FORMA Corporation, Newport Beach, to complete park design, bid documents, and specifications for a 4.25-acre neighborhood park site in East Tustin Tract No. 12345 at a cost not to exceed $50,000: and autho- rize the Mayor and City Clerk to execute same as recommended by the Community Services Department. .4. AUTHORIZATION FOR TREE REMOVALS & ROOT PRUNING AT VARIOUS LOCATIONS Authorize tree removals at the following locations: 17571 Brent Lane; 2001 Fallen Leaf; 13391 Diamond Head; 14791 Hillsboro; 14572 Danborough; 14592 Acacia; 17442 Village Drive; 17491 Village Drive; 14911 Bridgeport; 14722 Hillsboro; and authorize staff to prune tree roots at 13672 Farmington as recommended by the Public Works Depart- ment/Engineering Division. ADOPTED RESOLUTION 5. 86-144AND STAFF RECOI~qENDATION APPROVED STAFF RECOt~qENDATION APPROVED STAFF RECOI~qENDATION RESOLUTION NO. 86-144 - RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TUSTIN, CALIFORNIA, REQUESTING THE COUNTY OF ORANGE TO INCLUDE WITHIN THE ARTERIAL HIGHWAY FINANCING PROGRAM THE IMPROVEMENT OF THE NORTHEASTERLY CORNER OF RED HILL AVENUE AND WALNUT AVENUE Adopt Resolution No. 86-144 requesting the County of Orange to include within the AHFP the improvement of the northeasterly corner of Red Hill Avenue .and Walnut Avenue; and approve the City's Fiscal Year 1987-88 application for said improvemeht project in the amount of $67,000 as recommended by the Public Works Department/Engineering Division. 6. FIRE SERVICES AGREEMENT Approve the agreement with the County of Orange for fire services for the period July 1, 1986 through June 30, 1991, at a cost based on the County's Cost Allocation Plan; and authorize the Mayor and City Clerk to execute same as recon~ended by the City Manager. 7. RENEWAL OF CIVIC CENTER COMPLEX LANDSCAPE MAINTENANCE CONTRACT Authorize the annual renewal of the landscape maintenance contract for the Civic Center Complex with Porshia Alexander of America, Inc., Covina, at an estimated cost of $29,815.80 as recommended by the Public Works Department/Engineering DJ.vision. ADOPTED RESOLUTION 8. NO. 86-142 APPROVED STAFF 9. RECOI~ENDATION RESOLUTION NO. 86-142 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TUSTIN, CALIFORNIA, APPROVING TENTATIVE TRACT MAP NO. 12763 (East Tustin Specific Plan/Sectors 10 and 11) Adopt Resolution No. 86-142 as recommended by the Planning Commis- sion. * CITIZEN CONCERN AT 15912 SOUTH MYRTLE AVENUE - REQUEST FOR TREE REMOVAL Authorize removal of the ficus tree at 15912 Myrtle Avenue and replacement of a tree in a new location and with a species that would provide minimal impact to the curb/gutter and sidewalk as recommended by the Public Works Department/Engineering Division. VII. ORDINANCES FOR INTRODUCTION None. CITY COUNCIL ACTION AGENDA Page 2 12-15-86 VIII. ORDINANCES FOR ADOPTION None. IX. OLD BUSINESS ADOPTED RESOLUTION 1. CONTINUED CONSIDERATION OF ORANGE COUNTY CITIES RISK MANAGEMENT AUTHOR- NO. 80-140 ITY LIABILITY - RESOLUTION NO. 86-140 RESOLUTION NO. 86-140 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TUSTIN AUTHORIZING PARTICIPATION IN THE ORANGE COUNTY CITIES RISK MANAGEMENT AUTHORITY LIABILITY RISK SHARING POOL Recommendation: Adopt Resolution No. 86-140 authorizing the City of Tustin to participate in the Orange County Cities Risk Management Authority liability and automobile excess insurance pool. X. NEW BUSINESS CONTINUED TO JANUARY 5 APPROVED STAFF RECOFtlENDATION 1. CONVERSION OF PERMISSIVE LEFT TURNS TO PROTECTED LEFT TURNS o Conversion at various intersections as follows: Irvine Boulevard at Yorba; McFadden Avenue at Pasadena; McFadden Avenue at Williams; McFadden Avenue at Tustin Village Way; McFadden Avenue at Ritchey; Red Hill Avenue at Irvine Boulevard; Red Hill Avenue at Walnut; Red Hill Avenue at Sycamore; and Red Hill Avenue at Carnegie. (Reference Rede-. velopment Agency Agenda~ Item No. 4.) Recommendation: Authorize a supplemental FY 1986-87 budget appropria- tion in the amount of $20,000 for the modification of nine intersections utilizing permissive left turn phasing to full protected left turns as recommended by the Public Works Department/Engineering Division. AGREEMENT FOR PAYMENT OF COSTS FOR INFRASTRUCTURE IMPROVEMENTS - EAST TUSTIN ASSESSMENT DISTRICT NO. 86-2 APPROVED STAFF RECO~ENDATION e Assessment District No. 86-2 covers the remaining area northerly of Irvine Boulevard within the East Tustin Specific Plan. The proposed infrastructure projects include roadway improvements, construction of traffic signal improvements, and flood control facilities. The total preliminary cost estimate is $43,808,818. Recommendation: Approve the Agreement for Payment of Costs for Infra- structure Improvements - East Tustin Assessment District No. 86-2 with The Irvine Company; and authorize the Mayor and City Clerk to execute same as recommended by the Public Works Department/Engineering Division. BID AWARD ROAD SIDEWALK/WHEELCHAIR RAMPS EL CAMINO REAL/TUSTIN RANCH Recommendation: Award the bid for sidewalk and wheelchair ramps at E1 Camino Real and Tustin Ranch Road to the low bidder, B-1 Enterprise Corporation, Rancho Cucamonga, in the amount of $92,160 as recommended by the Public Works Department/Engineering Division. CITY COUNCIL ACTION AGENDA PAGE 3 12-15-86 /ROVED STAJ:F 3. BID AWARD - SIDEWALK/WHEELCHAIR RAMPS EL CAMINO REAL/TUSTIN RANCH RECOI~IENDATION ROAD APPROVED STAFF RECO~I~ENDATION APPROVED WITH CON- 5. DITION OF ASSUI~TIONS FOR TRAFFIC FLOW THAT ARE DERIVED FROM EASTERN CORRIDOR ANALYSIS BE INCLUDED IN THE ANALYSIS & RESERVE RIGHTS TO RECOVER COSTS F~,O# THE JPA Recommendation: Award the bid for sidewalk and wheelchair ramps at E1 Camino Real and Tustin Ranch Road to the low bidder, B-1 Enterprise Corporation, Rancho Cucamonga, in the amount of $92,160 as recommended by the Public Works Department/Engineering Division. 4. BID REJECTION - EMBOSSED CONCRETE MEDIAN PAVING IMPROVEMENTS Recommendation: Reject the sole bid for embossed concrete median paving at various locations within the City of Tustin which was 42.7% over the budgeted amount; and re-advertise at a later date as recommended by the Public Works Department/Engineering Division. ENGINEERING AND ENVIRONMENTAL ANALYSIS OF I-5/EASTERN TRANSPORTATION CORRIDOR (ETC) INTERCHANGE Recommendation: Approve the firm of Robert Bein, William Frost & Asso- ciates (RBF) to perform engineering and environmental analysis of the I-5/ETC Interchange; and authorize a supplemental budget appropria- tion in the amount of $39,400 for Tustin's share (50%) of said work as recommended by the Public Works Department/Engineering Division, ~TED RESOLUTION 6. 86-143 ADOPTED PROCEDURES 7. AS RECOI~IENDED IN STAFF REPORT XI. AUTHORIZATION TO ADVERTISE FOR BIDS FOR TELECOMMUNICATIONS EQUIPMENT RESOLUTION NO. 86-143 - A RESOLUTION OF THE CITY. COUNCIL OF THE CITY OF CITY OF TUSTIN, APPROVING A REQUEST FOR PROPOSALS FOR TELECOMMUNICATIONS SYSTEM FOR THE CITY OF TUSTIN AND DIRECTING THE CITY CLERK TO ADVERTISE FOR BIDS INTERNAL PROCEDURES FOR IMPLEMENTATION OF THE RALPH M. BROWN ACT EFFEC- TIVE JANUARY 1, 1987 REPORTS RATIFIED 1. RECEIVED & FILED 2. PLANNING COMMISSION ACTIONS - DECEMBER 8, 1986 All actions of the Planning Commission become final unless appealed by the City Council or member of the public. INVESTMENT SCHEDULE AS OF NOVEMBER 30, 1986 Recommendation: Receive and file as recommended by the Finance Depart-~ ment. CITY MANAGER XII. OTHER BUSINESS REQUESTED A CLOSED SESSION FOR LABOR RELATIONS ACCORDING TO GOV'T CODE 54967.6. MOVED THAT STAFF THROUGH I&ekYOR & CITY NAItRGER BE EMPOWERED TO EXPRESS A FORMAL OPINION OF THE C_ITY COUNCIL AT THE EAST ORANGE COUNTY WATER BOARD INOICATING THAT INCORPORATION PLANS FOR THE 'IRE SERVICE AREA 5 WITHOUT A RATIONAL BOUNDARY, FINANCIAL PLANNING AND A PRELIMINARY DIALOG INACCEPTABLE TO THE CITY. STAFF TO INCLUDE IN KELLY'S SATCHEL A COPY OF THE MONTHLY REPORT RE PAYROLL, AFFIDAVITS & DF_HANDS. CiTY COUNCIL ACTZON AGENDA Page 4 12-15-86 !NNEUY REPORTEO GI~AFFITI AT I-5 A/ID NEWPORT AVENUE, ACROSS FROM THE SIZZLER. CITY ~NAGER RESPONDED TO KENNEDY THAT A CLAIM WILL BE FILED FOR CITY EXPENSES INVOLVED WITH PIPELINE BREA~C ON B)INGER AVENUE. COUNCIL REQUESTED APPROPRIATE CO~ENOATIONS TO ALL EMERGENCY SERVICES AGENCIES ARO PRIVATE GROUPS FOR THEIR EFFORTS. SALTARELLI REPORTED PINE TREES AT ENO OF CUL-DE-SAC ON BRANBURY Pr. ACE NEED TRII~MING. SALTARELLI WILL FORWARO COPIES OF RESUME OF SERVICE AREA NO. 5 RESIDENT FOR CONSIOERATION OF APPOINTMENT AS CITY'S REPRESENTATIVE CONCERNED WITH OVERFLIGHTS OF AIRPLANES. 8:41 XI I I .* ADJOURNMENT AO~OURNEO IN MEMORY OF DF:JUl To the next Regular Meeting on Monday, January 5, 1987, at 7:00 p.m. COCXILRN AND JN4ES MC CALLA ACTION AGENDA OF A REGULAR MEETING OF THE TUSTIN REDEVELOPMENT AGENCY DECEMBER 15, 1986 7:00 P.M. 8:41 1. CALL TO ORDER ~4.L 2. ROLL CALL ESENT PROVED 3. APPROVAL OF MINUTES - DECEMBER 1, 1986, REGULAR MEETING Recommendation: Approve. APPROVED 4. STAFF RECO~NDATION CONVERSION OF PERMISSIVE LEFT-TURNS TO PROTECTED LEFT TURNS Conversion at intersections located within the Town Center Project area os follows: Irvine Boulevard at Prospect Avenue; Irvine Boulevard at Holt Avenue; Newport Avenue at Holt Avenue; Newport Avenue at Bryan Avenue; and Newport Avenue at Main Street. (Reference Council Agenda, New Business Item No. 1.) Recommendation: Authorize a supplemental FY 1986-87 budget appropriation in the amount of $11,000 for the modification of five traffic signals within the project area and designate the City of Tustin Engineering Division to design and perform contract administration for said work. APPROVED 5. STAFF RECO)I4ENDAT ION RENEWAL OF THE ANNUAL LANDSCAPE MAINTENANCE CONTRACT FOR EL CAMINO REAL Recommendation: Authorize the annual renewal of the landscape maintenance contract for E1 Camino Real with Porshia Alexander of America, Inc., Covina, at an estimated cost of $11,888.40 as recommended by the Public Works Department/ Engineering Division. NONE 6. OTHER BUSINESS 42 7. ADJOURNMENT To the next Regular Meeting on Monday, January 5, 1987, at 7:00 p.m. CITY COUNCIL AND REDEVELOPMENT AGENCY ACTION AGENDA PAGE 5 12-15-86