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HomeMy WebLinkAboutRPT 1 P.C. ACT AGENDA 01-19-87ACTION AGENDA TUSTIN PLANNING COI~IISSION REGULAR gEETING JANUARY 12,, 1987 REPORTS NO. 1 1-19-87 CALL TO ORDER: 7:32 p.m., City Council Chambers PLEDGE OF ALLEGIANCE/INVOCATION ROLL CALL: present: Puckett, Well, Baker, Le Jeune, Pontious arrived 7:35 p.m. 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.) Chairman Puckett pulled Consen~ Calendar item No. 1 from the Consent Calender for correction. 1. Minutes of December 22, 1986 Planning Commission Meeting. 2. Waiver of Undergrounding, 333 E1Camino Real 3. Final Tract No. 12759, Irvine Pacific 4. Final Tract No. 12732, Bren Commissioner Wetl moved, LeJeune seconded to approve the Consent Calendar. Motion ca,tied 5-0. Commissioner Wetl moved, Baker seconded to approve the December 22, 1986 Planning Commission minutes with a correction to the public hearing on Use Permit 86-36 reflecting Commissioner Wetl's clarification on directional signs for parking across the street. Motion carried 5-0. P1 anntng Commi ssi on Agenda January 12, 1987 page two PUBLIC HEARINGS Applicant: Location: Request: Presentation: RECOMMENDED ACTION: USE PERMIT 86-38 Mr. James Kincannon on behalf of The Learning Village 150 E. First Street Authorization to install a preschool for 72 children in an existing building at 150 E. First Street Laura Pickup, Assistant Planner APPROVE USE PERMIT NO. 86-38 BY THE ADOPTION OF RESOLUTION NO. 2384. RESOLUTION NO. 2384. A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF TUSTIN, AUTHORIZING A PRESCHOOL FOR 72 CHILDREN AT 150 E. FIRST STREET. Commissioner Well moved, Ponttous seconded to approve Use Permit 86-38 by the adoption of Resolution No. 2384 with amenGments. Notion carried 5-0. OLD BUSINESS None. NEW BUSINESS DESIGN REVIEW 86-33, FAT FREDDIE'S RESTAURANT Presentation: Laura Pickup, Assistant Planner Commissioner Pontious moved, Baker seconded to approve Design Review 86-33 by the adoptton of Resolution 2386. Morton carried 5-0. PERMIT TO OPERATE A LARGE FAMILY DAY CARE, 13781 MARSHALL LANE Presentation: Mary Ann Chamberlain, Associate Planner Commissioner Baker moved, Well seconded to approve permit to operate a large family day care center by Minute Order. Motion carried S-O. PERMIT TO OPERATE A LARGE FAMILY DAY CARE, 14501WESTFALL ROAD Presentation: Mary Ann Chamberlain, Associate Planner Commissioner Baker moved, Wetl Seconded to approve permit to operate a large family day care center by Mlnute Order. Motion carried 5-0. Planning Commission Agenda January 12, 1987 page three STAFF CONCERNS REPORT ON COUNCIL ACTIONS JANUARY 5, 1987 Presentation: Christine Sh~ngleton, Director of Community Development COMMISSION CONCERNS Commissioner Well questioned the new legislation regarding construction fees and the potential impact by the Tustin Unified School District. Christine Shingleton replied that she and the City Manager have referred the matter to the City Attorney office for opinion. Staff's initial analysis is that the district would be able to institute a fee of $1.50 per square foot for residential development and $.25 per square foot for commercial. Commissioner Baker questioned the status of the Bente satellite dish. Laura Pickup responded he has appealed and is awaiting a court date. Commissioner Baker further aprised staff of a satellite dish on a trailer at the Church of Scientology on 1trine Blve. Chairman Puckett congratulated the Tustin High School baseball team and announced they would be presented with a proclamation at the 1st Council meeting in February. ADgOURNMENT Commissioner Well moved, Baker seconded to adjourn at 9:30 p.m. to the next regularly scheduled Planning Commission meeting on January 26, 1987. AGENDA- TUSTIN PLANNING COPI~I$$ION REGULAR NEETING JANUARY 12, 1987 CALL TO ORDER: 7:30 p.m., City Counctl Chambers PLEDGE OF ALLEGIANCE/INVOCATION ROLL CALL: Puckett, Net1, Baker, Le Oeune, 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 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.) Minutes of December 22, 1986 Planning Commission Meeting. Waiver of Undergrounding, 333 E1Camino Real Final Tract No. 12759, Irvine Pacific 4. Final Tract No. 12732, Bren PUBLIC HEARXNGS Applt can t: Locati on: Request: USE PERMIT 86-38 Mr. James Kincannon on behalf of The Learning Village in an 150 E. First Street .~--- ........ -~ Authorization to in.il a preschool fb~ 72 ch~ildren existing building~t 150 E. First ~ Presentation: Laura Pickup, Assis'ca~t Pta~ ~. RECOMMENDED ACTION: APPROVE USE PERMIT NO. 86-38 BY THE ADOPTION OF RESOLUTION NO. 2384. RESOLUTION NO. 2384. A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF TUSTIN, AUTHORIZING A PRESCHOOL FOR 72 CHILDREN AT 150 E. FIRST STREET. Planntng Commission Agenda January 12, 1987 page t~o OLD BUSINESS None. NLrW BUSINESS 6. DESIGN REVIEW 86-33, FAT FREDDIE'S RESTAURANT Presentation: Laura Pickup, Assistant Planner 7. PERMIT TO OPERATE A LARGE FAMILY DAY CARE, 1378! MARSHALL LANE Presentation: Mary Ann Chamberlain, Associate Planner 8. PERMIT TO OPERATE A LARGE FAMILY DAY CARE, 14501 WESTFALL ROAD Presentation: Mary Ann Chamberlain, Associate Planner STAFF CONCERNS 9. REPORT ON COUNCIL ACTIONS JANUARY 5, 1987 Presentation: Christine Shtngleton, Director of Community Development COI4MISSION CONCERNS ADJOURI~qENT Adjourn to the next regularly scheduled Planning Commission meeting. M ! N U T £ $ TUST~N PLAN#~NG COHHZ$$TON REGULAR ~E'T]NG D£CEHB£R 22, 1986 CALL TO ORDER: 7:30 p.m., City Council Chambers PLEDGE OF ALLEGZANCE/[NYOCATION ROLL CALL: Present: Absent: Puckett, Baker, Ponttous, Wetl (arrived at 7:33 p.m.) Le Jeune PUaLIC CONCERNS: None. CONSENT CALENDAR: 1. Minutes of December 8, 1986 Planntng Commission Meettn9. Final Tract No. 12732, Multi Lot Subdivision for Condominiums 3. Final Parcel Map 85-246, Consolidate eight parcels into three. Chairman Puckett noted Staff's request that Item # 2 be rescheduled to the January 12, 1987 meeting.' Co,,i, issioner Pontious moved, Baker seconded to approve the consent calendar. Vote 3-0. {Commissioner Well had not yet arrived) 4. USE PERMIT 86-35 Applicant: Location: Request: Zov's Btstro 17440 E. Seventeenth SS, Enderle Center Authorization to sell beer and wine on-site tn 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. -Commissioner Well confirmed Parents Who Care were notifed and that the project is tdequately parked. Chairman Puckett opened the public hearing at 7:42 p.m. Seeing no one wishing to speak, he closed the hearing at 7:43 p.m. Commissioner Well moved, Baker second to approve Use Permit 86-35 by the adoption of Resolution No. 2380. Motion carried 4-0. Planning Commission Minutes December 22, 1986 page ~o 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 llJE COMMISSION APPROVE USE PERMIT 86-36 FOR A PERIOD OF SIX (6) MONTHS BY THE ADOPTION OF RESOLUTION NO. 2381. RESOLUTION NO. 2381. A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF TUSTIN, AUTHORIZING OUTDOOR LIVE ENTERTAINMENT AT 13682 NEWPORT AVENUE. Co~,,issioner Pontious questioned if signs would be allowed. Staff stated that no signs would be permitted to advertise this event to avoid over crowding. Commissioner Baker questioned regarding ensuring the use permit will be renewed in six months. Staff stated that applicant was in agreement with conditions and normal code enforcement will ensure compliance. Commissioner Well questioned the possible noise effects on residents. Staff responded that they could enforce the City's Noise Code and that the six month review 'p?iod for the permit would ensure that all noise problems could be adequately handled. Further questions were asked by Commissioners Puckett and Well regarding use permit fees and noticing procedures. Chairman Puckett opened the public hearing at 7:48 p.m. Seeing no one wishing to speak, he closed the hearing at 7:48 p.m. Commissioner Weil moved, Pontious seconded to approve Use Permit 86-36 by the adoption of Resolution No. 2381. Motion carried 4-0. OLD BUSINESS None. BUSINESS None. STAFF CONCERNS 6. REPORT ON COUNCIL ACTIONS DECEMBER 15, 1986 Presentation: Christine Shingleton, Director of Community Development Planning Commission Ml nutes December 22, [986 page three C01~ISSIO# Commissioner Puc~ett noted that wood siding/facia on the restrooms tn Magnolia Tree Park needed repai~. ADJOURI~E#T Commissioner Well moved, Pontious second to adjourn at 8:05 p.m. to the next regularly scheduled meeting on 0anuary 12, 1987. Motion carried 4-0. CHARLES E. PUCKETT, Chairman LAURA CAY PICKUP, Acting Recording Secretary Report to the Planning Commission ITEM 2 DATE: SUB4ECT: APPLICANT! PROPERTY Ok~JER: LOCATXON: ZONING: REQUEST: ,.1ANUARY 12, 1987 TEgPORARY #AZYER OF UNDERGROUND UTILITY REQUIREMENTS gR. RZCK RENGEL 333 EL CAMINO REAL TUSTZN, CA 92680 333 EL CAgINO REAL C-2 CENTRAL COI~IERCIAL AUTHORIZATION TO TEMPORARILY ~AIVE .THE REQUIREMENTS FOR UNOERGROUNOING ELECTRICAL SERVICE AS REQUIRED BY SECTION 8402 OF THE TUSTIN CITY COOE. RECOI~IENDATXON: Approve a temporary waiver of requirements fo6 underground utility service by the adoption of Resolution 2385. SUIIdARY: On November 24, 1986 the Planning Commission approved Use Permit No. 86-32 authorizing office use in a retail zone. Plans for renovation are currently in plan check. Occupation of the building requires replacement of the existing electrical service. According to Section 8402 of the Municipal Code, this service must be undergrounded unless a temporary waiver is approved by the Planning Commission. BACKGROUND AND ANALYSIS: The applicant has requested a waiver of the underground utility requirements because the existing utility pole services six (6) other businesses in the area. Therefore, if the applicant undergrounds the utilities at the subject site, the utility pole will remain in place. According to the Public Works Department, no plans for undergroundtng utilities at this location unless an underground utilities district is formed in the area in the future. Corn munity Development Deparlment Planntng Commfsston Report Rengel uttltty watver page two The Planning Commission has granted similar requests for a temporary waiver of undergroundtng utilities in this area. An appropriate Declaration of Covenants and Restrictions ~has been drafted by the City Attorney. 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: The waiver of underground utilities is temporary only, and electrical service shall be undergrounded when the utility pole is removed. The undergrounding of utilities will be at the expense of the property owner. 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. 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. 2385. LAURA CAY PICKUP Assistant Planner LP:do attachments: Resolution No. 2385 Declaration of Covenants and Restrictions Community Development Department 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 2O 21 22 23 25 26 27 28 RESOLUTION NO. 2385 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF TUSTIN, CALIFORNIA AUTHORIZING A TEMPORARY WAIVER OF THE UNDERGROUND UTILITY REQUIREMENTS (T.C.C. SECTION 8402) AT 333 EL CAMINO REAL. The Planning Commission of the City of Tustin does hereby resolve as follows: The Planning Commission finds and determines as follows: Section 8402 of the Tustin 'City Code requires undergrounding of electrical service whenever there is a change in occupancy, or installation of new electrical service at a commercial building. Be The applicants, Mr. Rick Rengel and Mrs. Karen Rengel have requested a waiver of the requirements of Section 8402 pursuant to Sections 8042 (d) and (e). Ce Practical diffficulties and an unnecessary hardship exist at 333 E1Camtno Real as evidenced by the following findings: Underground utilities have not been established for six (6) other buildings which use the same utility pole as 333 E1 Camino Real. II. Undergrounding of utilities at this site would not result in removing the existing utility pole in that six (6) other properties will continue to use this type of service. The applicants have agreed to sign and record on the deed to the property located at 333 E1 Camino Real, a Declaration of Covenants and Restrictions as deemed appropriate by the City Attorney and as proposed in Section 8402 {e) of the Tustin City Code. D. This project is categorically exempt, Class 1, from the requirements of the California Environmental Quality Act. The Planning Commission hereby authorizes a temporary waiver of underground utility requirements, pursuant to Section 8402 with the following conditions: The waiver of underground utilities is temporary only, the electrical service shall be undergrounded when the utility pole is removed. The undergrounding of utilities will be at the expense of the property owner and his/her successors should the property be sold. 1 2 3 4 5 6 7 8 9 10 11 12 14 15 16 17 18 19 2O 21 22 23 25 26 27 28 Resolution No. 2385 page two C~ 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 successors if the property is sold. De If an underground utility district is formed, the applicant agrees to support this district formation. PASSED AND ADOPTED at a regular meeting of the Tustin Planning Commission, held on the day of , 1987. CHARLES E. PUCKETT, Chairman DONNA ORR, Recording Secretary DECLARATION OF COrENA#TS AND RESTRICTIONS This Declaration of Covenants and Restrictions made this 11th day of March, 1987, by Mr. Rick Rengel and Mrs. Karen Rengel, hereinafter referred to as "Declarants". WHEREAS, Declarants are the owners of certain real property (hereinafter t~e "Subject Property") in the City of Tusttn,~ State of California, which is more particularly described gs 333 E1Camino Real,~ Tusttn, California, and are new occupants of the building~,~c:t:d~ect Property; and WHEREAS, Section 8402 of electrical service to any building the TUstin Municipal Code requires all (except a single-family residence) be installed underground when there is any change in occupancy, or installation of new electrical service; and WHEREAS, Declarants have requested a waiver from the provisions which require that overhead electrical service be replaced with underground electrical service, until such time as the electrical supply utility pole is removed; and WHEREAS, the Planning Commission of the City of Tustin has required Declarants to record a covenanat in the Office of the Recorder of the County of Orange, California, that covenants underground service will be installed at the Subject Property at such time as the electrical supply utility pole is removed; and NOW, THEREFORE, Declarants 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 benefit of said property and each and every person or entity who now or in the future owns any portion or portions of said real property. -2- ~. Underground electtcal 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. IT 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. Rick Rengel LCP:pef Mrs. Karen Rengel Report to the .Planning Commission ITEM 3 DATE: S UB,1ECT: APPLICANT: LOCATION: ,JANUARY 12, 1987 FINAL TRACT 12759 J.P. KAPP & ASSOCIATES ON BEHALF' OF THE IRVINE COMPANY NORTH OF THE SANTA .RNA FREEWAY, WEST OF ,1AHBOREE, EAST OF El. CASINO REAL ENV ]IRONMENTAL STATUS: ZONING: REQUEST: AN ENVIRONMENTAL ~PACT REPORT WAS PREVIOUSLY CERTIFIED FOR THIS PRO4ECT (EIR 84-3) PLANNED COMMUNITY RESIDENTIAL AUTHORIZATION TO SUBDIVIDE EIGHT (8) LOTS (THREE [3] NUMBERED AND FIVE [5] LETTERED) INTO SEVEN (7) NUMBERED LOTS. REC01~ENDATION: Recommend approval of Final Tract No, 12759 to *the City Council by the ad°priori of Resolution No. 2387. BACKGROUND: Final Tract Map No. 12345 was approved by the City*Council on Hay 5, 1986. This map subdivided the area westerly of the Auto Center known as Phase I Residential. The area is zoned for Medium High Density, with a maximum density of 19 dwelling units per acre. The Irvine Company is now requesting final authorization to resubdivide Lots 3, 4, 7 and N, O, P, Q and R into seven (7) numbered lots to accommodate the proposed apartment development known as East Tustin Apartments (Design Review 86-6). On May 27, 1986 a public hearing was scheduled before the Planning Commission to consider this map. The developer requested that the public hearing be continued until the next regular meeting so that some modifications could be made to provide for the future freeway ramps. The map was then changed to reflect seven lots instead of five lots in order to allow development to take place on some lots while others will remain vacant until the final freeway alignment is known. On June 9, 1986 the Planning Commission recommended approval of the tentative map by the adoption of Resolution No. 2338. On June 16, 1986 the City Council approved the tentative map by the adoption of Resolution No. 86-66. , com.munity Development Department Plannlng Commission Report Final Tract 12759 page two The final map consists of 27.3 acres which is b~oken down into seven lots: Lot 1 Pr6posed 81 units 5.3 acres Lot 2 Proposed 118 units 7.6 acres Lot 3 . Proposed 40 units · 2.5 acres Lot 4 Proposed 55 units 3.2 acres Lot 5 Proposed 50 units 3.4 acres Lot 6 Proposed 12 units 1.7 acres Lot 7 Future on-ramp to Santa Aha Freeway 3.6 acres Lot 6 is being held by the Irvine Company for a possible future overcross for Browning Avenue. If this overcrossing is not needed the developer will then build 12 units on this parcel. The proposed final map is in conformance with the Tustin Area General Plan and the Planned Community District Regulations adopted July 1, 1985 (Ordinance No. 938). The final map is also in substantial compliance with the tentative map and all conditions of approval have been met. MAC:do Attach~nts: Reso)ution 2387 Tentative Hap Final Map DI rector Communtty Development Community Development Department 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. 2387 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF TUSTIN RECOMMENDING TO THE TUSTIN CITY COUNCIL APPROYAL OF FINAL TRACT RAP NO. 12759 The Planning Commission of the City of Tustin does hereby resolve as foll.ows: I. The Planning Commission finds and determines as follows: A. That Final Tract Map No. 12759 was submitted to the Planning Commission on behalf of The Irvine Company to subdivide three (3) numbered lots and five (5) lettered lots into seven (7) numbered lots for a residential subdivision for apartments for the property located north of I-5, west of Jamboree and east of E1 Camino Real, previously known as Lots 3, 4, and 7 and Lots N, O, P, Q, and R of Tract 12345. B. That an Environmental Impact' Report (EIR 84-3) was previously certified for this project. C. That the proposed division is in conformance with the Tustin Area General Plan and the Tustin Zoning Code as it pertains to the development of multiple family dwellings and the Planned Community regulations for East Tustin Phase I. D. That the final map is in substantial compliance wi'th the tentative map. II. The Planning Commission hereby recommends to the City Council approval of Final Tract Map No. 12759 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 , 1987. CHARLES E. PUCKETT, Chairman DONNA ORR, Recording Secretary ALL OF TENTATXVE TRACT HO- 12759 SEVER LOTS 27.ZE3 ACRES BLOCK I'IODULES 5752 1Z,18 TRACT NO. 1 2759 ZN THE CITY OF TUST]N, COUNTY OF ORANGE, STATE OF CAI~]FORNZA THE OFFICE OF THE COUNTY RECORDER OF SAiD COUNTY, d. P. KAPP. R.C.E, 22015 DATE OF SURVEY~ dULY, 1986 SHEET I OF 4 SHEETS REDUEST OF EOOK PACK , ~.~ ............... ~ '~ ~,~,.~j J.P. KAPP, R.C.E. 22015 DATE OF SURVEY, LEGEND, TRACT NO. 12759 IN THE CITY OF TUSTIN, COUNTY OF ORANGE, STATE OF CALIFORNIA JULY, I 986 SHEET 2 OF 4 SHEETS S 3.418 ACRES NOTE, 3 7 3.S63 ACRES 4 3.089 ACRES '-,% 1 *JA/~BORE,E 2 ?.566 ACRES $OULEVARD TRACT 12759 SEVEN LOTS TRACT NO. 127',59 IN THE CITY OF TUSTIN, COUNTY OF ORANGE, STATE OF CALIFORNIA J.P, KAPP, R.C.E. 22015 DATE OF SURVEY~ JULY, 1986 SHEET 3 OF 4 SHEETS ~H~lrT 4 OF 4 St4tf?~ TRACT NO. 12759 IN THE CITY OF TUSTIN, COUNTY OF ORANGE, STATE OF CALIFORNIA J.P. KAPP, R,C,E. 22015 DATE OF SURVEY' JULY, 1986 IRVlNE RANCH WATER DISTRICT EASEHENTS EXISTING ANO BEING DEDICATED HEREON / Report to the Planning Commission ITEM 4 DATE: SUBdECT: APPLICANT: LOCATION: ZONING: JANUARY 12, 1986 FINAL TRACT NO. 12732 BREN COHPANY ONE CIVIC PLAZA, SUITE 100 NEHPONT BEACH, CA 92660 EAST TUSTIN RESIDENTIAL PHASE I, AREA NO. 2, PROdECT AREA IS BOUNDED BY BRYAN AVENUE, TUSTIN RANCH ROAD, EL CAHINO REAL AND PARKCENTER LANE AS SHOWN ON TRACT NO. 12345 PLANNED COlgIUNITY RESIDENTIAL ENVIRONMENTAL STATUS: REQUEST: EIR 84-3 COVERING THE SUBJECT PROJECT AREA WAS CERTIFIED IN COHPLIANCE WITH THE CALIFORNIA ENVIRONMENTAL qUALITY ACT. THAT TIlE COHMISSION RECOHHEND TO CITY COUNCIL APPROVAL OF FINAL TRACT HAP NO. 12732 AUTHORIZING A HULTI-LOT SUBDZVISION FOR RESIDENTIAL CONDOHINIUR PURPOSES. RECOII~ENDED ACTION: That the Commission recommend to City Council approval of Final Tract Map No. 12732 by the adoption of Resolution No. 2383. BACKGROUND: Upon finalization of Tract No. 12345, the properties within Area 2 of The East Tustin Phase I area were granted authorization to be developed as residential condominiums. At the August 25, 1986 Commission meeting, Design Review 86-11 (Sycamore Glen) was approved for a 248 unit condominium project to be built in this area. On September 8, 1986 the Commission recommended to City Council Tentative Tract Map 12732 to authorize formal subdivision of project. Council approved the Tentative Map on September 15, 1986. At this time the Final Commission consideration. approval of the approved Tract Map for the subject project is submitted for Community DeveLopment Department January [2, [987 Final Tract Map No. [2732 page 1~o DISCUSSION: A1 though there have been minor adjustments to lot lines the final version of Tract [2732 is considered by staff to be in substantial compliance with approved Tentative Map. Additionally, all conditions of Resolution No. 2356 pertaining to the actual subdivision map have been met, and construction related items will be accomplished prior to issuance of certificates of occupancy for any unit in the project. Accordingly, it is recommended that the Commission recommend to Council approval of Tract Map No. 12732 by the adoption of Resolution No. 2383. JSD:pef attach: Resolution 2383 Resolution 2356 Tentative Tract Map No. 12732 Final Map No. [2732 , communi~ Development Department 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 25 26 27 28 RESOLUTION NO. 2383 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF TUSTIN RECOMMENDING TO THE TUSTIN CITY COUNCIL APPROVAL OF FINAL TRACT MAP NO. 12732 The. Planning Commission of the City of Tusttn does hereby resolve as follows: I. The Planning Commission finds and determines as follows: That Final Tract Map No. 12732 was submitted to the Planning Commission on behalf of The Bren Company for authorization to subdivide Lot 2 of Tract 12345 and Lots A through G into 11 lots for condomtmium purposes. Be That an Environmental Impact Report (EIR 84-3) has been certified in conformance with the requirements of California Environmental Quality Act for the subject project area. That the proposed division is in conformance with the Tustin Area General Plan and adopted Planned Cmmunity Regulations {East Tustin, Phase I) as it pertains to the development of multiple family dwellings. D. That the final map is in substantial compliance with the tentative map. II. The Planning Commission hereby recommends to the City Council approval of Final Tract Map No. 12732 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 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 2O 21 22 23 25 26 27 28 RESOLUTION NO. 2356 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF TUSTIN RECOMMENDING TO lq~E TUSTIN CITY COUNCIL APPROVAL OF TENTATIVE TRACT MAP NO. 12732 The Planning Commission of the City of Tustin does hereby resolve as follows: II. The Planning Commission finds and determines as follows: A. That Tentative Tract Map No. 12732 was submitted to the Planning Commission on behalf of The Bren Company for consideration. That a public hearing was duly called, noticed and held for said Ce That an Environmental Impact Report (EIR 84-3) has been certified in conformance with the requirements of California Environmental Quality Act for the subject project area. That the proposed division is in conformance with the Tustin Area General Plan and adopted Planned Community Regulations (East Tustin, Phase I) as it pertains to the .development of multiple family dwellings. The Planning Commission hereby recommends to the City Council approval of Tentative Tract Map No. 12732 subject to the following conditions: All applicable conditions of Tract No. 12345 shall hereby be t~osed, by reference, on to Tentative Tract Map 12732. Preparation and sub~ttal of a final grading plan delineating the following information is required: a. Final street elevations at key locations. b. Final pad/finish floor elevations and key elevations for all site grading. All construction within the public right-of-way and/or public easements must be shown on a separate 24"x36" plan with all construction referenced to the applicable City/County/I~WD standard drawing numbers. Improvements to be shown will include but not be limited to the following: a. Curb and gutter b. Sidewalk c. Utility connections (gas, electric, telephone, CATV. d. .Storm drain connections to public facilities (the storm drain facilities within this tract will be private drains to be maintained by the Homeowners Association) e. Domestic water f. Sanitary sewer 4 .5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 Resolution No. 2356 page two 4. Additional right-of-way will be required for meandering sidewalks along "B" Street and E1Camino Real frontages. 5. Payment of all required Orange County Sanitation District No. 7 sewer connection fees that may be required as a result of the interim connection to the District ? facilities, will be permitted within this area. 6. Payment of all required fees for the Major Thoroughfare and Bridge Fee Program will be required at the time building permits ~re issued. 7e In Lieu of payment of New Construction Tax pursuant to City Code Section 2603, $126,000.00 shall be deposited into an approved fund for the development of the neighborhood park within Tract 12345 per Agreements between the City of Tustin and the Irvine Company. Se A co~lete phasing and construction schedule must be submitted, including co~lete improvement plans for model homes. CC&R's must be prepared and submitted for review and approval prior to recordation of the final map. The City shall be made a · party, for enforcement purposes, of said CC&R's and shall be prepared in accordance with format acceptable to the City. 10. Note 13 on Tentative Tract Map 12732.shall be amended to read: "ApproVal of this tentative map shall remain in force for a period of twentT-four (24) months." 11. Note 15 on Tentative Tract Map 12732 shall be deleted. 12. All garage units shall be equipped with automatic garage door openers. 13. All private streets shall be constructed to minimum city standards in terms of 'type and quantities of materials used. 14. A total of 2.08 acres of parkland dedication is required pursuant to provisions of City Ordinance No. 921. 15. Water improvement plans shall be approved by the fire chief for fire protection. The adequacy and reliability of water system design, and the distribution of fire hydrants will be evaluated in accordance with Insurance Service Office suggested standard. 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 Resolution No. 2356 page three 16. Prior to the issuance of any building permits for combustible construction, evidence that a water supply for fire protection Is available shall be submitted to and approved by the fire chief. 17. That at such locatJons where the abandoned San Diego Ptpeltne encroaches Into the project area, said pipeline shall be removed. ~ 18. Streets 28 feet tn width or less must be posted "No Parking-Fire Lane" and comply with the regulation t-n the Uniform Fire Code Section 10.207 and Vehicle Code Sectton 22500.1. 19. AsseSsment bonds on each property within the subdivision shall be converted to a fixed rate and confirmation of the conversion shall be furnised to the city in a form approved by city's Finance Director upon issuance of building permits for any residential unit. This condition however does not apply to issuance of building permits for model homes. 0. DeVeloper shall be responsible for all costs related to the calculation of the revised parcel assessments, the preparation of the revised assessment diagram and other required administrative duties related to Assessment District No. 85-1 as a result of the subdivision of parcels of land previously esteblished within the boundaries of Assessment District No. 85-! confirmed by the Tustin City Council on July 21, 1986. 21. One of the two proposed recreation areas must be constructed simultaneously with the ftrst phase of residential units. The second recreation area must be constructed at such ttme that building permits issued for residential units exceeding 124 in number. 22. A maximum of 248 units are authorized within this subdivision. 23. Precise phasing plan for development must be reviewed and Japproved by the Director of Community Development. P~EED AND ADOP~ED/) a~A:? re.qu_lar }neetinjr of the Planning Commi~g~on on the t  Chairman i Recording Secretary ¢OUNT"I' OF OEANG~. ¢~T7 OF' TUST~N ) I, DONNA ORR, the undersigned, hereby .car:try the: I am the Recording Secretary of the Pl&nning Commission of. the CiLT of Tus:in, Californi~ that Resolu:ton No. ~was duly passed ~nd ~dopta~ ~ regul day Recording Secret~ry '""'"' °'"'" TRACT NO 12732 n~ ~ ~v~ IN TH~ CI~ ~ ~TIN. ~NTY ~ ~A~, ~TATE ~ CALIFORNIA, Y. t~ ~. ~ CIVIL ~I~8. l Planning Commission DATE: SUBJECT: APPLICANT: JANUARY 12, 1987 USE PEP. gIT 86-38 MR. JAMES KINCANNON ON BEHALF OF THE LEARNING VILLAGE 13601 BRO~INING AVENUE TUSTIN, CA 92680 PROPERTY O#NER: LOCATION: ZONING: TUSTIN gAR t~d4ORIAL, INC. 150 E. FIRST STREET TUSTIN, CA 92680 150 E. FIRST STREET COMMERCIAL AS A PRIMARY USE, FIRST STREET SPECIFIC PLAN AREA ENYIROII4ENTAL STATUS: REQUEST: A NEGATZY~DECLARATION HAS BEEN FILED IN,CONFORMANCE NITH THE CALIFORNIA ENYIHONMENTAL QUALITY ACT AUTHORIZATION TO INSTALL A PRESCHOOL FOR 72 CHILDREN IN AN EXISTING BUILDING AT 150 E. FIRST STREET RECOFI4EHOATION: Approve Use Permit No. 86-38 by the adoptton of Resolution No. 2384. SLI4MARY: The Learntng Vtllage currently operates a preschdol factltty at the Utt Elementary School stte at Browntng and Bryan Avenues. Due to an expiration of thetr lease, The Learntng V~llage must move :o a new 1Dca:ton. They are proposing to locate tn the Tusttn War Memorial butldtng at 160 £. Ftrst Street. As requtred by Formal Ftnd~ng No. 86-1 adopted by the Planning Commission at a regular meeting on November 24, 1986, all preschool uses tn the Commercial Zone of the Ftrst Street Spectfic Plan area are authorized subject to tssuance of a Conditional Use Permtt. The Learning Vtllage Is now requesting authorization for a preschool for 72 children. Corn munity Development Department Planntng Commission Report The Learning Vtllage page two e Certain condl:fons have been required by Engineering Oepartments. If all conditions considers the use appropriate for the site. the Community Development and are met as recommended, staff BACKGROUND:' The Tustin War Memorial is 1,866 square foot structure and is currently used to hold the regular Tusttn War Memorial/Veterans Association meetings. Other than these.meetings which are held in the evening, the building remains vacant. The owners of the Tustin War Memorial have agreed to lease the building to The Learning Village for use as a preschool from 7:00 a.m. to 6:00 p.m. The Learning Village is proposing to expand the structure by 1,792 square feet and to upgrade the existing exterior of the building. ANALYS]S: The use applied for is considered acceptable for the site as long as all site requirements are met. Several requirements and recommendations have been made by the Community Development and Engineering Departments. The plans, as submitted, do not reflect all of these, conditions due to disagreement on the appltcant'.s part. Each of these issues are discussed sepaKately below. Parkin~ Lot/Site Requirements The Community Development Department has requtred~ as standard approval for all development projects, the following:' General Requirement ' Standard Requirements 1. On-site trash enclosure for commercial purposes 6'x8' enclosure one g cu.ft, bin as required by the First Street Specific Plan and the adopted Franchise Agreement with Great Western Reclamation conditions of Proposed by Applicant 5'xlg'by 3' high enclosure '4 residential type cans 2. A landscape strip addition'and planting along southerly property line Parking Spaces 3' wide with accept- able landscape materials per the adopted First Street SPecific Plan and Development Standards 9 loading spaces 6 staff spaces · per Formal Finding none 9 loading spaces 6 staff spaces as requested comrnuni.y Development Depanmen~ Planntng Commission Report The Learning Village page three These items are requirements of the Ftrst Street Spectftc Plan as adopted in December [985. Item No. 2 has been required to also help alleviate future noise problems. The property o~ner to the south is ooncerned with noise 'problems resulting from the preschool. Although there are no openings on the southerly elevation of the office building whtch faces the preschool site, the property o~ner has experienced noise problems with the Tustin Nar Memorial in the past. Both staff and the southerly property o~ner concur that a landscaped strip along the southerly property line, with adequate planting materials, will reduce noise impacts. Setback Requirements: A portion of the structure is extsttng non-conforming In that the north stde of the buildtng does not meet the ten ([0) foot set back requirement. However, the First Street Spectftc Plan (Sectton [[[-6) allows expansion of a non-conforming butldtng as long as the portion which is non-conforming ts not expanded. As proposed, a slight reduction of the non-conformity is proposed. Therefore, the expansionproposed is acceptable to staff and the City Attorney. All other rear and side set back requirements have been met. . En~ineertn~ Department Requirements: The Engineering Department has required improvement and/or removal of a portion of the sidewalk facing First Street and Prospect Avenue. Currently, a ten {10) foot paved sidewalk'exists on Prospect and a portion of First Street. The Engineering Department has required removal of the areas which create a sidewalk wider than eight (8) feet or dedication of the whole area. All costs and installation of' this sidewalk or dedication is to be at the expense of the applicant. The applicant has, at the time the First Street Specific Plan was approved, provided an easement for the City's' standard eight (8) foot sidewalk. They do not wish to dedicate the additional two (2) feet and have proposed to remove their existing five {5) feet of pavement. The applicant has noted on the plans that they wish all improvement and construction costs of the sidewalk to be paid for by the City of Tustin. The applicant has been required to install one {1) marbeltte street light and pole. The applicant d°es not wish.to provide this street light as required. The applicant's response to all City comments has been attached for review. Comrnunl~¥ Development Department Planning Commission Report The Learning Village page four CONCLUSZONS: Staff has completed a final review of the project and all required conditions' of approval are attached as Exhibit A of Resolution No. 2384. Minor site revisions such as painting a pedestrian cross walk tn the parking lot to guide pedestrians who must cross the drive aisle are included. This ts particularly important because of the age of the students and the volume of traffic that may occur in the peak pick-up and drop-off periods. Staff has Identified certatn goals which are Incorporated Into the First Street Specific Plan. When considering a project along First Street these goals, poltctes and conditions must be considered. Specifically, Items concerning vtsual Improvement and land use compattbilaity have been Incorporated in the Ftrst Street Spectftc Plan. These goals state poltctes such as:. Prevention of future Incompatibility of land uses as development occurs. 2. Elimination of visible outside storage. e Znclude responsiveness to design guidelines as a major consideration In site plan review and approval. 4. Maxtmtze pedestrian movement and access. All requirements other than the cross walk are standard requirements of the First Street Specific Plan and may not be waived .by the Planning Commission. Staff recommends approval of the project only if the :onditions in the attached resolution &re met. However, the applicant may appeal these conditions to the City Council if. the 'appropriate letter of appeal and fee is filed by Monday, January lg, 1987. LP:do attachments: letter from applicant Site Plan Elevations Resolution 2384 and Exhibit A Commum~7 Development DePar~mem ,J 1 31~91 I=lect Hill Ave. Tus'cin, (714) 730--~5~!~5 10 December, 1986 City of Tustin Community Development Department Tustiq, California 92680 Re: Dear Director of Community Development: The Owner's representatives and I have reviewed the City's comments/concerns pertaining to the proposed improvements to the subject property. We have addressed each item as follows: En~ineerin~ Division Comments Item #1. Item #2. Item #3. .Item #4. Item #5. Item #6. Item #7. The 5' sidewalk and 8' parkway were the accepted condition when the building was constructed in 1955. Since city standards have been changed, the 5' sidewalk not within the public right of way will be removed by the Owner. The improvements of a full width sidewalk (8') within the public parkway should now be the responsibility of the City. When the First Street Improvement Program was im- plemented, the Owners dedicated to the City the necessary property required. The walkway could and should have been 8' wide at that time. The Owner will remove the existing planter curbs within the public right of way. The City should be responsible for the additional sidewalk improvement. The street light requirement is unjust as this item should have been part of the First Street Improvement. Program or a requirement during the approval of the Der Wienerschnitzel as they will be the beneficiary. The driveway will comply with City standards. The on-site driveway aisle will be 27 feet per City standards. The drainage pattern of the existing parking lot will not be modified so the requirement of a grading plan is not valid. Existing drainage is directed away from adjacent private properties. All applicable fees will be complied with. Proposed Pre-school use at 150 E. First Street, (Tustin War Memorial Building). Design Review No. 86-32 Page Two USE PERMIT NO, FILE Plannin~ Division Comments Item #1. Item #2. Item #3..& Item #4. & Item #5. Item #6. & Item #7. Item #8. Item #9. Item #10. Item #11. Item #12. Item #13. Item #14. Item #15. Item #16. Driveway aisle revised to 27 feet as per City standards. Compact parking spaces revised to comply with City standards. The gate on First Street revised per Planning Division request. This additional landscaping for sound attenuation is not justified. The play areas have been placed away from the office building to mitigate the sound. The adjacent office building is concrete block with no openings and serves as a sound barrier. Landscaping is not a primary accepted method of sound attenuation. 9 loading spaces are provided. Note: State Licensing requires that Pre-school children be escorted into and from the buiding. Children cannot be "dropped off". A trash dumpster is not ah acceptable method of trash pick-up to the Owner as it would be a hazardous con- dition for the trash truck to be onsite for pick-up. The proposed trash enclosure is to accommodate the con- cealment of trash cans, which is the current and de- sired method of trash pick-up. The required parking for School use has been' provided. Modifications to the existing windows on the West Ele- vation would require extensive structural changes. If this Item is mandated then said windows will be re- moved and plastered over. The selection of arched windows was chosen for asthetic compliance with the First Street Specific Plan. A pro- jecting sill member has been incorporated to simulate depth, as it is stucturally difficult to provide re- cessed arched openings. A materials and colorboard shall be submitted. Only one (existing) flagpole will be provided. The site ~lan modifications will not adversely affect the number of students. This is a design capacity de- termined by requirements of internal classroom square footage per chid. The State will determine the number based upon staff and other factors, but not in excess of "design capacity". The War Memorial will submit a copy of their by-laws. Ail new signs will be by separate permit application. and completed documents are submitted as required. ~.erely, ,,' //  'mes [incannofl, A.I.A. JKK:jr Revised plans :1 1 2 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 2'2 9.3 24 25 26 27 28 RESOLUTION NO. 2384 A RESOLUTION OF THE PLANNING COMHISSION OF THE CITY OF TUSTIN, AUTHORIZING A PRESCHOOL FOR 72 CHILDREN AT 150 E. FIRST STREET The Planning Commission of the City of Tusttn does hereby resolve as follows: I. The Planning Commission finds and determines as follows: Re That a proper application, Use Permit No. 86-38, has been filed by Mr. James Kincannon on behalf of The Learning Village to request a preschool for 72 children at 150 E. First Street. B. That a public hearing was duly called, noticed and held on said application. That establishment, maintenance, and operation of the use applied for' will not, under the circumstances of this case, be detrimental to the health, safety, morals, comfort, or general welfare of the persons residing or working in the neighborhood of such Proposed use, evidenced by the following findings: 1. The use applied for is in conformance with the Tustin General Plan. 2. The use applied for is in conformance with Specific Plan No. 11. m The use applied for is an allowed use in the Commercial as a primary use zone as established by Formal Finding No. 86-1. That the establishment, maintenance, and operation of the use applied for will not be injurious or detrimental to the property and improvements in the neighborhood of the subject property, nor to the general welfare of the City of Tustin, and should be granted. 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. F. A negative declaration will be filed in conformance with the California Environmental Quality Act. G. Final development plans shall require the review and approval of the Community Development Department. 1 2 $ 6 7 8 9 10 11 12 13 14 15 16 1.7 18 19 2O 21 22 23 24 25 26 27 28 Resolution No. 2384 page two II. The Planning Commission hereby approves Conditional Use Permit No. 86-38'to authorize a preschool for 72 children at 150 £. First Street subject to'the following conditions tn Exhibit A as attached hereto. PASSED AND ADOPTED at a regular meeting of the Tustln Planning Commission, held on the day of , 1987. CHARLES E. PUCKETT, Chairman DONNA. ORR, Recording Secretary 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. 2384 EXHIBIT A The applicant shall satisfy all Public Works Department requirements t~cludtng: A. Dedication of three (3) feet of sidewalk along First Street. B. Dedication of three feet of sidewalk along Prospect Avenue. C. Submittal of a current title report on the property. D. One 16,.000 lumen H.U.S.P. street light on a marbelite pole on the westerly portion of the lot. E. Approval of the plans including all Public Works Department requirements, by a registered Civic Engineer. Construction of.public works improvements per the City of Tustin "Minimum Design Standards of Public Works" and "Street Improvement Standards", and pursuant to plans submitted to and approved.by the City including: 1. Reconstruction of the Prospect Avenue drive apron. 2. Improvement of 'all required sidewalks. Installation of one marbeltte street light on the westerly portion of the site. Compliance with the submitted plan, as herein modified and subject to final approval of the Community Development Department. A six (6) foot by eight (8) foot concrete block trash enclosure with a nine (9) cubic foot trash container shall be provided at the southwest corner of the lot. This enclosure shall be painted and treated to match the preschool building and shall have a freestanding metal gate painted to match the preschool building. "No Entrance" signs (17"x 22") shall be posted on the north and south parking lot gates. A striped crosswalk shall be painted from the south facing parking spaces to the entry walk of the building in order to guide on-site pedestrian traffic. A certificate approved by the State of California Social Services Department shall be submitted which states that compliance with all State standards for day care centers have been met. 7 8 9 10 11 14 lfi 16 17 18 19 20 21 23 26 27 28 Resolution No. 2384 Exhibit A page 1~o Se 10. 11. 12. 13. 14. The following fees will be required with respect to the 1,792 square foot expansion: Orange County Sanitation District No. 7 sewer connection in the amount of $50/1000 square feet of building expansion or $250.00, whichever is greater. East Orange County Water District fees are required, contact Earl Rowenhorst of the Tustin Water Service for exact fee amounts. Major Thoroughfare and Bridge Fee Program fees in the amount of $1.05 per square feet of addition. Any construction related fees required by the Tustin Unified School District. Submittal of all structural plans for the project including building structural calculations, and energy calculations necessary to comply with Title 24 requirements. The building shall co~ly with Title lg of the California' Administrative Codes. All exiting requirements of the Orange County Fire Department shall be met. Hours of operation are limited from 7:00 a.m. to 6:00 p.m. 72 children of ages two (2) to six (6) years are allowed, any expansion of this age limit or student count must be approved by an amendment to this Use Permit. All signs shall be proposed on a separate plan and shall be in conformance with the Tustin Sign Code. A co~letely detailed landscape and irrigation plan must be submitted with detail at whatever scale necessary to depict adequately what is occurring. Provide a summary table applying an indexing identification to plant materials and their actual location, the plan and corresponding table must list botanical and common names. sizes, spacing, actual location, and quantities of all materials proposed. 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 Resolution No. 2384 Exhtbit A page three 15. 17. Sho~ 'planting and bermtng details, sot1 preparation, staking, etc. The irrfgatton plan shall be submitted prtor to buildtng permit and must. sho~ locatton of control and backflo~ prevention devtces, pipe stze, sprinkler type, spacing, and coverage. Detatls for all equipment must be provided. Planttng and Irrigation in public right of way should also be shown where proposed. Appropriately shine all property lines, public right of way areas, sidewalk widths, parkway areas and wall locations on landscaping and irrigation plans. The Department of Community Development may request minor substitutions of plant materials, or request additional sizing or quantty of materials during plan check. Place note on landscaping plans that "adequacy of coverage of landscaping and irrigation materials is subject to field inspection at project completion by the Department of Community Development." Upon completion of inspection, the Department reserves the rtght to request installation of additional landscaping pursuant to the approved landscaping plans. The submitted landscape plans should reflect the following requirements: A three (3) foot landscape strip along the southerly property line. All planting materials used in this strip and all other new materials used, shall be in conformance with the planting palette contained in the First Street Specific Plan. The applicant shall sign and return an Agreement to Conditions Imposed form as required by the Director of Community Deve)opment. This Use Permit is null and void if construction does not commence within one {1) year of the date of approval by the Planning Commtssion. Planning Commission DATE: SUB,]ECT: APPLICANT: PROPERTY O#NER: LOCATION: ZONING: ENVIROBIENTAL STATUS: REQUEST: flANUARY 12, 1987 DESIGN RE¥I£g NO. 86-33 FAT FREDDIE'S RESTAURANT BARRY HEP, HANSON, CHANTRY LTD. 2915 BRISTOL ST., COSTA HESA, CA 92626 HR. EDgARD PANKY 320 g. HAIN STREET TUSTIN, CA 92680 1571 EL CAHINO REAL TUSTIN, CA 92680 C-2 CENTRAL CO#~ERCIAL CATEGORICALLY EXEHPT CLASS 1 AUTHORIZATION TO INSTALL EXPOSED NEON TUBING ON RESTAURANT BUILDING LOCATED AT 1571 EL CAHINO REAL AN EXISTING RECOI~ENDATION: Approve Design Review No. 86-33 by the adoption of Resolutlon No. 2386. S~RY: The applicant, ~r. Hermanson, is in the process of redecorating an extstlng restaurant building at 1571 El Camtno Real. This restaurant is a freestanding building formerly known as Love's Restaurant adjacent to the Drug Emportum center. The applicant is redecorating and upgrading the existing building and site. The style of architecture and materials proposed reflect a 1950's style diner. As part of this design, the applicant has proposed tO use exposed neon tubing on the signs and trim of the building. Staff has reviewed this application and based upon the overall design concept and method of attachment, considers this request to be appropriate. ,, Community Development Department Planning Commission Report Fat Freddte's page ~o BACKGROUND AND ANALYSZS: As previously mentioned, the overall design concept for Fat Freddte's Hextcan Diner Js that of .the [950's style. Use of awnings, brushed stainless steel, checkerboard tile and neon trim is proposed. The overall design concept has been approved by staff, however, the use of exposed neon tubing requires Commission approval as stated tn Section 9444(t) of the Stgn Code. The applicant has proposed to make numerous improvements to the site and structure. The parking lot area and landscaping have been redesigned to reflect current City standards. The proposed use of neon tubing includes one yellow strip of tubing around the facia of the building and neon trim on the sign portion of the front facta and side wall. The front sign includes turquoise and yellow neon. The side wall sign includes yellow neon. On both signs, the yellow ~ubtng is placed inside black channelled letter cans without a plexiglass cover. The front wall sign includes turquoise neon trim which accents the facia border. Both neon colors, yellow and ~urquoise, accent the colors used on the awnings and walls. The facia trim as proposed is designed as a recessed treatment rather than surface mounted. The trim detail as shown below, will be installed in a recessed portion of the facia, thereby reducing light dtcipatton. Neon Trim Detail Community Development Department Planning Commission Report Fat Freddte' s page three CONCLUSIONS: The overall design of the bulldin9 effectively creates a "diner" atmosphere. All neon tubing coordinates with the colors of the building and all signs conform to the Sign Code. A majority of the proposed neon ts either enclosed in a channelled letter can or recessed in the facta, therefoPe minimal light dtctpatton is expected. Staff contends that the overall design of the structure and the use of neon tubing will have a minimal effect on the area, in that the site is a freestanding building in the mtddle of a commercial district. Therefore, residential properties will not be affected by the proposed lighting. The conditions of approval are outlined tn the attached resolution of approval. all conditions are met, staff considers this request appropriate. Assistant Planner LP:do attachments: Resolution 2386 site plan elevations sign plan DI rector Communi ty Development Community Development Department i 1 3 4 5 9 10 11 12 13 14 15 16~ 17 18 19 20 21 22 23 25 26 27 RESOLUTION NO. 2386 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF TUSTIN, AUTHORIZING THE USE OF EXPOSED NEON TUBING TRIM ON A BUILDING LOCATED AT 1571'EL CAMINO REAL The Planning Commission of the City of Tustin does hereby resolve follows: as The Planning Commission finds and determines as follows: A proper application, Design Review 86-33, has been filed on behalf of Fat Freddie's Restaurant, to install exposed neon tubing trim on a building located at 1571 E1Camino Real. B. The project is required to be approved by the Planning Commission according to the Tustin Sign Code (Section 9444(i)). C. The project is in conformance with the size and design requirements of the Tustin Sign Code (Section g400). 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. E. This project is categorically exempt (Class 11) of the requirements of the California Environmental Quality Act. Final development plans shall require the review and approval of the Community Development Depart. merit. II. The Planning Commission hereby approves Design Review No. 86-33 to authorize use of exposed neon tubing trim on a building located at 1571 E1Camino Real subject to the following conditions. All neon trim placed around the facta of the building shall be placed in a recessed track as detailed on the approved plans date stamped January 12, 1987. All improvements to the exterior of the structure shall conform with the approved plans as herein modified and date stamped January 12, 1987. C. All signs shall conform with the size and design requirements with the Tustin Sign Code (Section 9400). Neon trim colors shall be limited to yellow on the facia trim and turquoise and yellow on the front wall sign. The side wall sign facing west shall have yellow neon only. 28 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 ' Resolution No. 2386 2 page two E~ All turquoise neon tubing shall match the building paint and awning colors. A non-reflective surface shall be used on the roof and facia area. The applicant shall sign and return an Agreement to Conditions Imposed form as required by the Director of Community Development. PASSED AND ADOPTED at a regular meeting of the Tustin Planning Commission, held on the day of , 1987. CHARLES E. PUCKETT, Chairmen DONNA ORR, Recording Secretary Report to the Planning Commission ITEM 7 DATE: SUBdECT: APPLZCANT: LOCATION: ZONING: REQUEST: JANUARY 12, 1987 PERMIT TO OPERATE A LARGE FAMILY DAY CARE HOME ~NTiAL AUTHORZZATZON TO OPERATE A LARGE FAMILY DAY CARE HO~E RECOI~ENDATION: Staff recommends that the Chairman inquire if any person in the audience wishes to submit a protest, and then accept any protests submitted. If a protest is lodged, then the matter should be continued to the next regularly scheduled Commission meeting in order for staff to evaluate the protest. If a protest is not filed, the Commission by Minute Order should approve the subject application. BACKGROUND: Section 9223-6 of ~ Tusttn Zoning Code established the requirements and standards f~ _~_ .~tion of Large Family Day Care Homes. These ~o~2~ may care for up~/to 12 ch~e~tncluding the~own":lll~~-the age ot . DISCUSSION:~'---~ Joan Ellis has submitted a request to operate a Large Family Day Care Home. Inspections have been made at the subject address by the Planning and Fire Departments, and the site complies with all regulations. The California Government Code mandat~_~_ thq~._.permits for these~ grante~e Citify u.n~. s a formal ~r~[~s~ j[:-~['=b)[~-I~_ o~rtoY~-P~n~er loofe~t of a rp~~q~e., ints pro:es: must oe Daseo on u~e u following~se impactS: n~i~se, trqff_~ic, parking, concentration or spac[~._~f Community Development Department Planning Commission Report Marshall Lane Day Care Home page two such homes. This is not an open public hearing; however, it is recommended that the Chairman inquire if any person in the audience wishes to submit a formal protest. All such protests should then be received as part of the public record. At the time of the writing of this report, no formal protests had been filed. MARY ANN/~CHAMBERL~I N AssocialFe Planner · MAC:do CHRISTINE SHINGLETONf Di rector Communi ty Development Cornrnunl:y Deveiopmen~ Depaftmen~ ,009=.I : ~'IVDS 9 V ~IEIBX~ Planning Commission DATE: SUBJECT: APPLICANT: ONNER: LOCATION: ZONING: REQUEST: JANUARY 12, 1987 PERlqlT TO OPERATE A LARGE FAIIlLY DAY CARE HOflE KARLA ANDERSON 14501 MESTFALL ROAD TUSTIN, CA 92680 ELDON DURHAIq 14501 WESTFALL ROAD PLANNED COIIqUNITY RESIDENTIAL (TUSTIN WEADOWS) AUTHORIZATION TO OPERATE A LARGE FJUqILY DAY CARE ROPlE RECO~qENDATION: Staff recommends that the Chairman inquire if aay person in the audience wishes to submit a protest, and then accept any protests submitted. If a protest is lodged, then the matter should be continued to the next regularly scheduled Commission meeting in order for staff to evaluate the protest. If a protest is not filed, the Commission by Minute Order should approve the subject application. BACKGROUND: Section 9223-6 of the Tustin Zoning Code established the requirements and standards for the operation of Large Family Day Care Homes. These homes may care for up to 12 children including their own children under the age of 12. DISCUSSION: Karla Anderson has submitted a request to operate a Large Family Day Care Home. Inspections have been made at the subject address by the Planning and Fire Departments, and the site complies with all regulations. The California Government Code mandates that permits for these homes must be granted by the City unless a formal protest is made by a property owner within 100 feet of a proposed home. This protest must be based on one or more of the following adverse impacts: noise, traffic, parking, concentration or spacing of ~ Community Development Department ' Plannlng Commission Report Westfall Day Care Home page two such homes. This is not an open public hearing; however, it is recommended that the Chairman inquire if any person .in the audience wishes to submit a formal protest. All sOch protests should then be received as part of the public record. At the time of the writing of this report, no formal protests had been filed. MARY ANy CHAMBERLAIN Associate Planner . MAC:do ~TON, Director Community Development Community Development Department EXI'IIB I T A LARGE FAMILY DAY CARE CENTER -TProposed Large Family Day Care Site SCALE: 1"'600' Planning Commission DATE: ~anuary 12, 1987 SUBJECT: REPORT ON COUNCIL ACTIONS - ~anuary 5, 1987 Ora] presentation. do Attachments: Cfty Counct1 Action Agenda - 3anuary 5, 1987 Community Development Department ACTION AGENDA OF A REGULAR I4EETING OF THE TUSTIN CITY COUNCIL JANUARY 5, 1987 7:00 P.M. 7:02 I. CALL TO ORDER /U.L PRESENT I I. ROLL CALL III, PUBLIC HEARINGS - None DESSA IV. PUBLIC INPUT SCHROEDER, I~RSHALL B. KRUFF, AND FRANCINE PACE, FROM THE NORTH TUSTIN ANEA SPOKE REGARDING MISUNDERSTANDINGS ETC. AT THE NORTH llJSTIN DEC. 18TH I~[ETING AND SUGGESTED I~EETING WITH THE CITY OF TUSTIN, THE CITY OF OPJ~NGE, AND THE NORTH llJSTIN CO~II~EES. A EW STUDY IS BEING UNDERTAKEN BY TME "NORTH TUSTIN TOMORROW' CO)gIII'TEE AND THE STUDY WILL TAKE AT LEAST 4 MONTHS. V. CONSENT CALENDAR APPROVED WITH ONE 1. CORRECTION APPROVED 2. ADOPTED RESOLUTION 3. NO. 87-4 ADOPTED RESOLUTION 4. NO. 87-5 APPROVED Si'AFF 5. RECOI~IENDATION APPROVAL OF MINUTES - December 15, 1986, REGULAR MEETING APPROVAL OF DEMANDS IN THE AMOUNT OF $1,020,697.12 RATIFICATION OF PAYROLL IN THE AMOUNT OF $297,000.82 RESOLUTION NO. 87-4 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TUSTIN, APPROVING FINAL PARCEL MAP 85-246 LOCATED AT THE SOUTHWESTERLY CORNER OF MAIN AND NEWPORT SOUTHERLY TO EL CAMINO REAL Adoption of Resolution No. 87-4 which consolidates eight parcels into three parcels as recommended by the Community Development Director. RESOLUTION NO. 87-5 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TUSTIN, CALIFORNIA, ORDERING TERRITORY DESIGNATED AS "ANNEXATION NO. 137 - DIAMOND HEAD/GARLAND" ANNEXED TO THE CITY OF TUSTIN Adoption of Resolution No. 87-5 as recommended by the Community Development Department. 1987 MISS TUSTIN TALENT SHOW AND PAGEANT AGREEMENT Approve subject agreement for the use of City facilities by the Tustin Jaycees for the 1987 Miss Tustin Talent Show and Pageant and authorize the Mayor and City Clerk to execute the agreement as recommended by the Director of Community and Administrative Ser- vices. ADOPTED RESOLUTION 6. NO. 87-1 RESOLUTION NO. 87-1 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TUSTIN ACCEPTING WORKS OF IMPROVEMENT AND AUTHORIZING RECORDATION OF NOTICE OF COMPLETION FOR MAGNOLIA TREE PARK PLAY STRUCTURE Adoption of Resolution No. 87-1 which recommends that the City Coun- cil accept the public improvements installed by The Miracle Recrea- tion Equipment Company at Magnolia Tree Park and authorize the City Clerk to file the Notice of Completion with the County Recorders Office. OOPTED RESOLUTION 7. .0. 87-2 RESOLUTION NO. 87-2 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TUSTIN, CALIFORNIA, RELATING TO THE CLASSIFICATION, COMPENSATION, AND TERMS OF EMPLOYMENT OF NON-ADMINISTRATIVE AND NON-MANAGEMENT SWORN. POLICE EMPLOYEES OF THE CITY OF TUSTIN Adoption of Resolution No. 87-2 as recommended by the Director of Community and Administrative Services. CITY COUNCIL ACTION AGENDA Page i 1-5-87 ~pTFn RESOLUTION 8. 87-3 ADOPTED RESOLUTION 9. NO. 87-6 APPROVED STAFF lO. RECO~,EiNDATION ADOPTED l 1. RESOLUTION NO. 87-7 ..,-PROVED STAFF 12. RECOMMENDATION RESOLUTION NO. 87-3 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TUSTIN, CALIFORNIA, RELATING TO THE CLASSIFICATION, COMPENSATION, AND TERMS OF EMPLOYMENT OF NON-ADMINISTRATIVE AND NON-MANAGEMENT GENERAL EMPLOYEES OF THE CITY OF TUSTIN Adoption of Resolution No. 87-3 as recommended by the Director of Community and Administrative Services. RESOLUTION NO. 87-6 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TUSTIN, CALIFORNIA, APPROVING PLANS AND SPECIFICATIONS FOR PAVEMENT REHABILITATION AND CENTER MEDIAN CONSTRUCTION, TITLED SEVENTEENTH STREET AHFP PROJECT NO. 1173, COSTA MESA FREEWAY.TO PROSPECT AVENUE (NORTH) AND DIRECTING THE CITY CLERK TO ADVERTISE FOR BIDS Adoption of Resolution No. 87-6 as recommended by the Director of Public Works/City Engineer. SALE OF SURPLUS VEHICLE Authorize the sale of a demolished police patrol vehicle to Clark's Auto Wrecking for $865.00 as recommended by the Director of Public Works/City Engineer. RESOLUTION NO. 87-7 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TdSTIN ACCEPTING WORKS OF IMPROVEMENT AND AUTHORIZING RECORDATION OF NOTICE OF COMPLETION (TRAFFIC SIGNAL AT TUSTIN RANCH ROAD AND EL C~d~INO REAL) Adoption of Resolution No. 87-7 as recommended by the Director of Public Works/City Engineer. AUTHORIZATION FOR PROFESSIONAL SERVICES/STRUCTURAL PLAN CHECK AND INFRA- STRUCTURE SERVICES Approve agreements with the firms of Melad & Associates, Roger Leggett, Inc., BSI Consultants, Inc., and GPS Consulting Engineers and authorize the City Manager to execute said agreements subject to City Attorney approval as to form as recommended by the Director of' Community Development. VI. ORDINANCES FOR INTRODUCTION - None VII. ORDINANCES FOR ADOPTION -None VIII. OLD BUSINESS - None IX. NEW BUSINESS STAFF TO DO A STUDY OF ALL OUR LEFT TURN ARROW INTERSECTIONS AND AN EVALUATION GIVEN. ACCIOENT REPORTS TO BE INCLUDEO. 1. CONVERSION OF PERMISSIVE LEFT TURNS TO PROTECTED LEFT TURNS 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. '5.) 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. CITY COUNCIL ACTION AGENDA Page 2 1-5-87 X. REPORTS RATIFIEO 1. PLANNING COMMISSION ACTIONS - DECEMBER 22, 1986 All actions of the Planning Commission become final, unless appealed by the City Council or member of the public. CITY ATTORNEY TO 2. CONSOLIDATION OF ELECTIONS PREPARE AN ORDINANCE FOR CONSOLIDATION FOR THE NEXT MEETING EDGAR ASKED XI, OTHER BUSINESS STAFF TO LOOK INi'O' PARKING ON THE NEST SIDE OF 'C" STREET. HE SUGGESTED THAT WE PUT A 2 HOUR PARKING LIMITATION DURING THE DAY, MONDAY THROUGH FRIDAY, TO PRESERVE THE PARK PARKING. KENNEDY REPORTED THAT THE COUNCIL FRO RECEIVED A RESUME FROM A GENTLEMEN IN NORTH TUSTIN REGARDING APPOINTING HIM TO SERVE ON THE AIRPORT CO~IIITTEE. SALTARELLI SAID THAT MARY ANN C~ERIJ~IN HAS BEEN SERVING ON THAT COI~qlT'FEE AND HE HAS COf~IUNICATED WITH HER AND NARY ANN WILL CONTINUE TO SERVE THE CITY IN TILRT CAPACITY. KENNEDY SUGGESTED THAT WE HAVE A RESIDENT THAT LIVES IN THE FLIGHT PATH TO SERVE IN 1}U~T CAPACITY. PERHAPS SNAC COULD APPOINT THE GENTLEMAN FROM NORTH TUSTIN TO THAT CO~IRITTEE. HUSTON TO GIVE THE GENTLEMAN A CALL TO COME TO THE LEAGUE MEETING. KENNEDY ASKED THE TUSTIN NEWS IF THEY WOULD ADVERTISE FOR PEOPLE TO SERVE ON THAT COI~II'rTEE. HOESTEREY REQUESTED A PROCLAMATION FOR THE llJSTIN HIGH SCHOOL FOOTBALL TEAM FOR THE JANUARY -~7TH BANQUET TO COMMEND THE ~ FOR BEING IN THE PIJ~YOFFS THIS YEAR. COPIES TO BE PROVIDED FOR CH ~ MEMBER. .cGARDING GREATER VISIBILITY OF PAYROLL AND DEMANDS FOR KELLY, HE WILL PROVIDE FOR THE FINANCE DIRECTOR A SAMPLE OF A REPORT HE WOULD LIKE ON A MONTHLY BASIS. SN. TARELLI REPORTED THAT THE TRASH REFUND CHECKS FRVE GONE OUT AND THERE FRVE BEEN SOME ERRORS GENERATED BY A FAULTY TAPE FROM THE COUNTY RELATIVE TO THE PARCEL OWNERS ANO' THEY ARE BEING. CORRECTED AS PJ~PIOLY AS POSSIBLE, AND OTHER THAN TILRT IT HAS BEEN A SMOOTH PAYOUT. SALTARELLI REPORTED A BREAKFAST MEETING FOR JANUARY 6TH WITH ~. WOLLETT AND IRVINE M~YOR AGRAN REGN~DING WHAT IS FRPPENING REGARDING THE EASTERN AND FOOTHILL CORRIDORS. SALTARELLI REPORTED A MEETING OF THE JOINT POWERS AUTHORITY AT 9:30 ON THURSDAY AND A LEAGUE OF CITIES HEETING AT 6:30 P.M., WITH A PRE HEETING AT 5:45 P.M., THIS COMING THURSDAY AT ANAHEIM STADIUM FOR ARYONE ~ WANTS TO ATTEND. THEY WILL BE DISCUSSING THE PROGP, AM FOR THE AIRPORT. 7:55 XlI. ADJOURNMENT To the next Regular Meeting on Monday, January 19, 1987, at 7:00 p.m. CITY COUNCIL ACTION AGENDA Page 3 1-5-87 A£TION AGENDA OF A REGULAR I~ETING OF THE ll~STIN REDEVELOPMENT AGENCY JANUARY 5, 1987 7:00 P.M. 7:55 1. CALL TO ORDER ALL 2. ROLL CALL PRESENT APPROVED 3. APPROVAL OF MINUTES - DECEMBER 15, 1986, REGULAR MEETING Reconmnendation: Approve. APPROVED 4. APPROVAL OF DEMANDS IN THE AMOUNT OF $51,720.34 CONTINUED CONVERSION OF PERMISSIVE LEFT-TURNS TO PROTECTED LEFT TURNS Conversion at intersections located within the Town Center Project area as 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 6. STAFF RECOI~ENDATION SETTLEMENT OF TUSTIN COMMUNITY REDEVELOPMENT AGENCY VS. MICHAEL KWOK, DBA TUSTIN FLOWER CASA AND EARL AND DOREEN JACOBS DBA VIDEO CENTEB Recommendation: That the Agency, by Minute Order, approve, authorize and direct settlement of the claim of Michael Kwok d/b/a Tustin Flower Casa for the total sum of $20,000.00; and the claim of Earl and Doreen Jacobs d/b/a Video Center for $70,000.00, as recommended by the City Attorney. APPROVED 7. STAFF RECOMMENDATION AMENDMENTS TO CARVER OWNER PARTICIPATION AGREEMENT Recommendation: Approve subject amendments 'to the Carver Owner Participation Agreement for development and construction of a 'shopping center and two office buildings as recommended by the Director of Community Development. NONE 8. OTHER BUSINESS ; 56 7. ADJOURNMENT To the next Regular Meeting on Monday, January 19, 1987, at 7:00 p.m. REDEVELOPMENT AGENCY ACTION AGENDA Page 1 1-5-87