HomeMy WebLinkAboutRDA PKG AGREEMENT 01-19-87DATE:
.__ .. REDEVELOPMENT AGENCY
NO. 5
/-I~ 1-19-87
Inter- Com
TO:
FROM:
SU BJ ECT:
WILLIAM A. HUSTON, EXECUTIVE DIRECTOR
CO~NITY DEVELOPMENT DEPARTMENT
PARKING AGREEJqENT FOR 333 EL CAMINO REAL
RECOI~ENDATION:
It is recommended that the Redevelopment Agency authorize execution of a
parking agreement and grant of parking rights for 333 E1Camino Real.
BACKGROUND:
On November 24, 1986 the Planning Commission approved a parking variance
and use permit for 333 E1 Camino Real. This project was also approved and
consent by the City Council on December 1, 1986. Attached is a copy of the
staff report and resolutions of approval for the project.
As required by Resolution No. 2375 a parking agreement must be secured for
five (5) off-site spaces for use by the applicant. The applicant and City
Attorney have drafted an agreement acceptable to both parties.
The draft agreement, allows the applicant to make monthly, non-refundable
payments to the Redevelopment Agency for parking as permitted by Specific
Plan No. 1 {Ord. 510). These payments are to be made until the downtown
parking structure is repaired. Once the structure is reopened, the
agreement allows the applicant to lease the required five (5) spaces from
the structure.
CONCLUSION:
The agreement, as prepared by the City Attorney, may be terminated if the
applicant finds other parking facilities. All necessary accounting
procedures are scheduled for City Council approval on February 2, 1987. The
agreement meets all requirements of the approved variance and is considered
acceptable to staffed thoe City Attorney.
~[ADRA CAY PIClr~JP~/-
Assistant Pla~ner
Director of
Community Development
LP:do
attachments:
staff report
agreement
Ordinance No. 510
Pl nnin Commission
DATE:' NOVE)~BER 24, 1986
SUBJECT:
PROPERTY OgNER/
APPLICANT: HR. RAYMOND SALHI
USE PERHIT NO. 86-32 gITH VARIANCE #0. 86-8
APF~OV£D BY
P~,J~NN lNG COMMISSION
LOCATION:
ZONING:
148 g. HAIN STREET
TUSTIN, CA 92680
rJov 2, 4 1986
333 EL CAHINO REAL
C-2 CENTRAL cOFJ4ERCIAL SPECIFIC PLAN AREA NO.
ENVIRONMENTAL
STATUS:
REQUEST:
A NEGATIVE DECLARATION HAS BEEN FILED IN CONFORIWlANCE HI'TH THE
CALIFORNIA ENVIRONHENTAL QUALITY ACT.
V 86-8: TO ALLOW A REDUCTION IN THE REQUIRED NUHBER OF PARKING
SPACES FROI~ 12 SPACES TO 9 SPACES.
UP 86-32: TO ALLOW OVER 50% OFFICE USE IN A BUILDING LOCATED IN
THE C-2 ZONE.
RECOI~ENDED ACTION:
Approve Use Permit No. 86-32 by the adoption of Resolution 2369 and approve
Variance No. 86-8 by the adoption of Resolution No. 2375.
SUI~.ARY:
On October 27, 1986 this project was continued at the request of the applicant.
Since this date, the proposed project has been revised. The applicant is now
the property owner and some minor architectural and parking details have been
revised as discussed further in this report.
This application involves two separate requests. The first is a Use Permit
that, if granted, would allow the applicant to lease over 50~ of the building to
professional office users. The second is a request to vary from the C-2 parking
requirements by a total of three (3) spaces.
On July 11, 1983 a Variance and Use Permit (No. 83-6) was approved for a similar
project in the same building. The Variance was conditioned similar to that
which is being proposed. Seeing that the Planning Commission previously
FILE COPY
Planning Commission Report
Use Permit 86-32/Variance 86-8
page two
approved a similar project and that findings were made to support its approval,
staff is recommending that this revised request be approved.
BACKGROUND AND ANALYSIS:
Staff has identified issues concerning the Variance, Use Permit, and
architectural design as discussed below:
Variance No. 86-8
As previously mentioned, a Variance was conditionally approved for the same
request in 1983, but expired due to the applicants failure to meet the original
conditions of aproval. Therefore, a new Variance and Use Permit must be
obtained. ?he staff report and resolution of approval for that project are
attached for reference and review.
The applicant is proposing to use the building as office on the ground floor,
office use on the second floor and to leave the basement for storage. Under
current parking standards, the number of parking spaces required are as follows:
S. 76 spaces for second floor offices (1440 sq.ft. YgS0)
6.00 spaces fo~ first floor office area (1523 sq/ft./250)
0 ,spaces for unused basement
--I'Z Total parking spaces required
Specific Plan No. 1 was adopted in 1971 to encourage revitalization of the 01d
Town area. This Specific Plan allows parking Variances if certain conditions
can be met. The applicant has agreed to provide five (S) off-site parking
spaces in addition to the four (4) on-site spaces currently available.
Therefore, a Variance for only three (3).spaces is needed.
The Specific Plan for the 01d Town area addresses parking requirements. As
stated in Section g-3 of the'attached Ordinance No. $10 {Specific Plan No. 1),
parking requirements may be waived or modified if certain measures are taken.
The Specific Plan does not state the proportion of parking that shall be
provided. Therefore, staff has used the previous Variance as guidance.
These five (5) spaces will be acquired by one of the options provided in the
Specific Plan. These options include leasing spaces from nearby properties or
the public parking structure, or paying into the parking district established by
the Specific Plan. Whichever option the applicant chooses, all requirements,
fees and lease agreements will .'be reviewed, and approved by the City.
Community Development Depar~rnen~ ' ~
Planntng Commission Report
Use Permtt 86-32/Variance 86-8
Page three
Staff recommends the following conditions of approval for this Variance:
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The building shall not be occupied' or building permits for
construction/renovation issued until an acceptable parking lease and/or
agreement is approved by the City.
The applicant shall purchase or lease a minimum of five (5) surplus
off-site parking spaces. An agreement shall be signed by the property
owner to identify and guarantee ~he availability of all nine (9) parking
spaces for the life of this Variance and Use Permit.
The basement shall remain unoccupied for the life of this Use Permit and
Variance.. A Certificate of Occupancy will be issued for the first two
floors only.
Should a retail tenant occupy the building at sometime in the future,
additional parking spaces shall be acquired at the rate of one ([) space
for every 200 square feet of retail area.
These conditions provide options for future retail tenants as opposed to the
current request for use of 'the building as office. The .location of the spaces
provided may, as previously allowed by the Commission, be farther than 300 feet
from the property so that spaces may be leased from the public parking structure
once it has been repaired.
Use Permit No. 86-32
The applicant 'has Proposed to occupy the first and second floors as an office
use. Parking requirements are somewhat less than that for retail users,
therefore the parking needs are reduced for the building. Should a retail user
wish to use the building in the future, additional parking spaces shall be
obtained at a rate of one space per every 200 square feet of retail area.
As previously granted, the Use Permit No. 83-6 allowed office uses in over 50[
of the building when approved in 1983. As required by the Municipal Code
(Section 9232-d) the Commission must determine that office use in over 50S of
the building area is 'appropriate and that retail use is not necessarily
adequate for the building.
The proposed user of the building is Rengel and Company, an architecture firm.
The owner, Mr Rengel has submitted a letter justifying office use in over 50[ of
the building for the following reasons:
1. The use applied for is an allowed use in the C-2 zone and Specific
Plan No. 1.
There is currently a high turn over rate for retail users in the
immediate area and low pedestrian traffic rate.
Community Development Dcpanrnen~ J
Planning CommJsslon Report
Use Permit 86-32/Variance 86-8
Page four
The proposed use Is service orfent~d as opposed to a office type
user and this use is consistent with other uses in the downtown
area.
As required by the C-2 zoning requirements, the Planning Commission must make
findings to allow office use in over 50~ of the structure. Staff has identified
findings as follows:
The use applied for is an allowed and listed use in the C-2 zone
and Specific Plan No. 1.
Should retail tenants propose to use the building in the future,
provisions have been made to allow retail occupancy.
The proposed user is a service oriented business and the use is
consistent with other uses in the area.
Development of professional office at the subject property would be
more compatible with surrounding uses in the area than permitted
retail commercial uses.
Architectural Design:
The previous applicant (El Camino Partnership) had proposed to upgrade the
exterior of the building by continuing existing architectural elements to the
sides of the structure. The use of awnings on the front and rear elevations was
also proposed. The new tenant, Rengel and Company, has taken over the project
and is now proposing' some changes in the treatment of the building.
Staff has reviewed the revised plans and have concerns regarding the type of
elements and t6xtures proposed. The previous request by E1 Camino Partnership
proposed to maintain the historical nature of the building. Whereas, the new
proposal suggests a more modern approach'using the following elements:
Sandblasted concrete walls, a portion of which shall be painted and
the remainder left natural.
2. Removal of all but one of the previously proposed awnings.
3. Removal of the proposed cornice and corner treatments on the side of
the building.
Staff considers the previous proposal to be more appropriate for the area.
Maintentance of the historical nature of the building will encourage renovation
in the area. The objectives of the 01d Town Specific plan also state that a
village concept is encouraged. Both design proposals are attached for review.
comrnunity Development Department
Planning Commission Report
Use Permit 86-32/Variance 86-8
Page five
CONCLUSIONS:
Plans submitted with this application indicate renovation of the building and
parking area to meet present codes where possible. The Specific Plan and the
current appearance of the structure encourage the proposition of renovation and
occupancy of this building. This project is considered to have a positive
influence on the downtown in that a building which has been vacant for over
seven (7) years will be upgraded and occupied. Therefore, achieving the goals
and encouraging the success of the 01d Town area.
Staff recommends approval of Variance 86-8 and Use Permit 86-32. Should the
Commission concur, findings must be made to justify the granting of a Variance
in accordance with the following (City Code Section 9292):
The Variance granted shall not constitute granting of special prtviledge
inconsistent with the limitations upon other properties in the vicinity
and district in which the subject property is situated in that Specific
Plan No. 1 provides measures for off-site parking and encourages
rehabilitation of structures in the vicinity.
That because of special circumstances applicable, to subject property,
including size, 'shape, topography, location or surroundings, the istrict
application of the Zoning Ordinance is found to deprive subject property
of privileges enjoyed by other properties in the vicinity and under
identical zone classification in that the. parking options provided in
Specific Plan No. 1 apply to all properties within the Plan area.
Communt ty Devel open[ Dt rector
LCP: jd
attach:
Resolution 2369
Resolution 2375
Variance 83-6 Report
Resolution
Specific Plan No.
Site Plan
Elevations
Letter from Applicant
Corn munity Development Department
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RESOLUTION NO. 2369
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY
OF TUSTIN AUTHORIZING.USE PERMIT NO. 86-32 ALLOWING
OVER 50% OFFICE US£ IN A BUILDING LOCATED IN THE C-2
ZON£ 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:
A proper application (Use Permit 86-32) has been filed on behalf
of Ramond Salmi requesting authorization to allow over 50%
office use in a building in the C-2 zone of Specific Plan No. 1.
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 any 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 is in conformance with the land use element of the
Tustin Area General Plan.
2. This project is located 'in the C-2 zone Specific Plan Area
No. 1.
The use applied for is an allowed use in the C-2 zone and
Specific Plan No. 1.
General office use is a permitted listed use in the C-2
zone and is similar to other uses in the area.
5. Should retail tentants propose to use the building in the
· future, provisions have been made for retail occupancy.
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Development of professional office at the subject property
would be more compatible with surrounding uses in the area
than permitted retail 'commercial uses on the subject
property.
There is currently a high turnover rate for retail users in
the immediate area and low pedestrian traffic rate.
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?
Resolution No. 2369
Page two
II.
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 and
Earthquake Standards as administered by the Building Official;
Fire Codes administered by the Orange County Fire Marshal and
street improvement requirements as administered by the City
Engineer.
A Negative Declaration has been filed for this project in
accordance with the California Environmental Quality Act.
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Final development plans shall require the review and approval of
the Community Development Department.
The Planning Commission hereby approves Conditional Use Permit No.
86-3 to allow installation of over 50% office use in a building
located in the C-2 zone, subject to the following conditions:
The final site plan shall be standardized and reflect all
appropriate City standard drawing numbers. The developer shall
construct all missing or damaged street improvements to said
.development per the City of Tustin "Minimum Design Standards of
Public Works" and "Street Improvement Standards". This work
shall consist of, but is not limited to, curbs and gutters,
sidewalks, drive apron, and street pavement.
The applicant shall purchase or lease a minimum of five (5)
surplus off-site parking spaces. An agreement shall be signed
by the property owner to identify and guarantee the availability
of all nine (9) parking spaces for the life of this Use Permit.
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The basement shall remain unoccupied for the life of this Use
Permit and Variance and the Certificate of Occupancy will be
issued for use of the first and second floors only.
Should a retail user occupy this building at some time in the
future, additional spaces shall be obtained at a rate of one (1)
space for every 200 square feet of retail area.
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Resolution No. 2369
page three
Pursuant to Sectton 9272 of the Municipal Code, building plans
shall be modtfted to conform to the approved destgn concept of
the Planning Commission prtor to fssuance of Butldlng Permits.
The project shall substantially conform to the plan, date
stamped November 24, 1986, as herein modified, all
modifications to this plan shall be approved by the
Director of Community Development.
All architectural elements shall substantially conform the
plans submitted by E1Camtno Partnership.
The applicant shall complete and return an agreement to
conditions imposed form as required by the Director of Community
Development.
PASSED AND AD_OPT~at a meeting of P1 Commission,
regulator ~t~he Tu,~ti n anni'ng
held on the ~:~ day of ~, 1986.
Chairman
~ Rec'ordt ng ~ecretary ~
LCP:jd
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RESOLUTION NO. 2375
A' RESOLUTION OF THE PLANNING COMMISSION OF THE
CITY OF TUSTIN, AUTHORIZING A VARIANCE OF THREE
OF THE TWELVE REQUIRED PARKING SPACES 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:
Ae
A proper application, (Variance No. 86-8), was filed on behalf
of Raymond Salmi, requesting authorization to vary from the
requirements of C-2 zoning district by a reduction in the number
of required parking spaces from twelve (12) to nine (g).
A public hearing was duly called, noticed and held on said
application.
Because of special circumstances applicable to the subject
property, relative to size, shape, topography, location or
surroundings, a str4ct application of the Zoning Ordinance is
found to deprive subject property of privileges enjoyed by other
properties in the vicinity and under identical zone
classification, evidenced by the following findings:
The use is in conformance with the land use element of 'the
Tustin Area General Plan.
The use applied for is an allowed use in the C-2 zone and
Specific Plan Area No. 1.
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The Variance granted shall not constitute granting of
special privilege inconsistent with the limitations upon
other properties in the vicinity and district in which the
subject property is situated in that Specific Plan No. 1
provides measures for off-site parking and encourages
rehabilitation of structures in the vicinity.
Because of special circumstances applicable to subject
property, including size, shape, topography, location or
surroundings, the strict application of the Zoning
Ordinance is found to deprive subject property of
privileges enjoyed by other properties in the vicinity and
under identical zone 'classification in that the parking
options provided in Specific Plan No. 1 apply to all
properties within the Plan area.
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Resolution No. 2375
Page two
A Negative Declaration has been filed in conformance with the
California Environmental Quality Act.
The granting of a variance as herein provided will not
constitute a grant of special privilege inconsistent with the
limitations upon other properties in the vicinity and district
in which the subject property is situated.
That the granting of the variance as herein provided will not be
contrary to the intent of the Z~ning Ordinance or the public
safety, health and welfare, and said variance should be granted.
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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 Codes as
administered by the Orange County Fire Marshal; and street
improvement requirements as administered by the City Engineer.
Final sign plans shall require the review and approval of the
Community Development Director.
II.
The Planning Commission grants a Variance No. 86-8 as applied for; to
authorize the reduction of the required parking spaces from twelve
(12) to nine (9), subject to the conditions:
The project shall substantially conform to the plan, date
stamped November 24, 1986, as herein modified, all modifications
to this plan shall be approved by the Director of Community
Development.
The building shall not be occupied or building permits fo~
construction/renovation issued until an acceptable parking lease
and/or agreement is approved by the City.
The applicant shall purchase or lease a minimum of five {5)
surplus off-site parking spaces. An agreement shall be signed
by the property owner to identify and guarantee the availability
of all nine {9) parking spaces for the llfe of this Variance.
The basement shall, remain unoccupied for the life of this
Variance by issuance of a Certificate of Occupancy for the first
two floors only.
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Resolution 2375
Page three
4. Should a retail tenant occupy the building at sometime in the
future, additional parking spaces shall be acquired at the rate
of one (1) space for every 200 square feet of retail area.
5. The applicant shall sign and return an agreement to conditions
imposed form as required by the Community Development Director.
PASSED AND.A~O~T~E~Dat a re~rmeetin~.of,the Tustin Planning Commission,
held on the~ day of g~_~, 198__.
CHARLES E. PUCKETT,
11 Chairman
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AGREEMENT AND GRAI~T OF PARKING RIGHTS
THIS AGREEMENT AND GRANT OF PARKING RIGHTS is made and
entered into as of , 198 ', by and between
the TUSTIN COMMUNITY REDEVELOPMENT AGENCY, a California community
redevelopment agency ("Agency") and RICHARD RENGEL, an individual
( "Grantee" ) .
l~ ]~ C ~ T A L S
WHEREAS, Grantee is the owner of the premises at 333 E1
Camino Real, Tustin, California (the "Property"), which Grantee
wishes to redevelop. Said Property has the capability of
providing on-site parking for only four (4) vehicles, whereas it
is required that parking for nine (9) vehicles be provided. It
is the desire of the Agency and Grantee and of the City of Tustin
to .permit the redevelopment of the Property and its use so long
as Grantee or its successors in interest provide a total of nine
(9) 'off-street parking spaces, four (4) on-site and five (5)
located off-site, off-street, and secured by legal rights
satisfactory to Agency and the City of Tustin. For that purpose,
Agency and Grantee desire to enter into this Agreement and Grant
of Parking Rights so as to provide, on an interim basis, for
parking requirements pursuant to Agency's Specific Plan No. 1 and
to ultimately make available five (5) parking spaces in Agency's
interest in the stevens Square Parking Structure for the use and
benefit of the tenants of the Property and their guests, business
invitees and employees, in common use with other persons using
parking spaces in said Parking Structure; and
WHEREAS, Agency's Specific Plan No. 1 was adopted in 1971 to
encourage revitalization of the old town area and allows parking
variances if certain conditions can be met. Specific Plan No. 1,
Section G-3 (Ordinance No. 510), provides that parking
requirements may be waived or modified if certain measures are
taken, including leasing space from nearby properties or the
public parking structure, or paying into the Parking District
established by the Specific Plan. Grantee, by this Agreement,
agrees to pay into the Parking District established by Agency
until such time as spaces open up in Agency's Stevens Square
Parking Structure; and
WHEREAS, Agency is the owner of interests in the Stevens
Square Parking Structure, to-wit, Unit 1 as shown and described
on that certain condominium plan recorded September 30, 1982, as
document number 82-334857, Official Records, Orange County,
California, excepting therefrom all common area therein being
outside of the interior boundary planes of .parking spaces
numbered 133 through 213, inclusive, together with an undivided
thirty-eight point three percent (38.3%) interest as tenants in
common in and to Parcel 1, as shown on that certain Parcel Map
recorded in Book 174, Pages 4 to 7, inclusive, of Parcel Maps,
Records of Orange County, California; and
WHEREAS, the aforesaid Unit 1 is situated on the easterly
portion of the upper level of the Stevens Square Parking
Structure (hereinafter the "Parking Structure") located on the
easterly side of C Street, southerly 'of Main Street in the City
of Tustin, County of Orange, State of California. Said Unit 1
contains eighty-one (81) parking spaces (Spaces 133 through 213).
There are an additional twenty-five (25) parking spaces (Spaces
108 through 132) on the upper level of said Parking Structure
which are not owned by Agency and Unit 3 on thelower level of
said Parking Structure contains one hundred and eight (108)
parking sapces (Spaces 1 through 107) which are not owned by
Agency.
NOW, THEREFORE, the parties agree as follows:
1. Grantee shall pay to Agency's Parking District the
following sums until such time as spaces open up in Agency's
Parking Structure:
1. The first twelve (12) months
2. Second year
3. Third year
4. Fourth year
5. Fifth year
$100.0'0/month
$125.00/month
$150.00/month
$175.00/month
$200.00/month
Payment to the Parking District, as described above, shall
constitute fulfillment of Grantee's parking requirements pursuant
to Specific Plan No. 1.
2. ~ At such time as parking spaces open up in the Parking
Structure, Agency hereby grants to Grantee, Grantee accepts from
Agency, and the parties hereby agree that the tenants of the
Property, and their guests, business invitees and employees may,
for the term of this Grant, have a non-exclusive easement and
right to use in common with other persons the parking spaces
designated as parking spaces 133 through 213 in Unit 1 on the
easterly side of the upper level of the Parking Structure, as
shown on Exhibit "A" attached hereto and incorporated herein by
this reference. Said easement and the use of said easement and
rights by Grantee shall be subject to the following terms and
conditions:
A. It shall be used only for vehicular parking and
for vehicular and pedestrian ingress and egress to said
parking spaces by the tenants of the Property and their
guests, business invitees and employees.
B. It shall be subject to such reasonable rules and
regulations as may now or hereafter from time to time be
adopted by Agency.
C. It shall be maintained without cost to Grantee.
D. Vehicles owned or operated by tenants of the
Property, or their guests, business invitees or employees,
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shall be parked in said Parking Structure in accordance with
signing and designations therein.
E. Agency shall have the right to make changes in
said rights and the parking areas from time to time.
F. The term of the grant of right shall be five (5)
years, commencing ..., 19 , and termi-
nating on , 19 .
G. Grantee shall pay, on the first day commencing the
Agreement, an annual payment in the amounts as follows:
1. First Year of Term: $1,200.00/year
2. Second Year of Term:
$1,500.00/year
3. Third Year of Term:
$1,800.00/year
4. Fourth Year of Term:
$2,100.00/year
5. Fifth Year of Term:
$2,400.00/year
3. Grantee, its successors in interest, and all persons
holding or making use of the easement and parking rights provided
herein, and specifically including the tenants of the Property as
they now are. and/or, may hereafter be, and their guests, business
invitees and employees, shall be bound by the Declaration of
Covenants, Conditions, Restrictions and Reservation of Easements
for Stevens Square Parking Structure, a copy of which was re-
corded on September 30, 1982, as Instrument Number 82-344856,
Official Records of Orange County, California.
4. Each tenant of the Property shall, at its sole cost and
expense, procure and maintain public liability and property
damage insurance with liability limits of not less than Five
Hundred Thousand Dollars ($500,000.00) per person and One Million
Dollars ($1,000,000.00) per occurrence and property damage limits
of not less than One Hundred Thousand Dollars ($100,000.00) per
occurrence, with an aggregate coverage of Two Hundred Thousand
Dollars ($200,000.00) insuring against all liability of tenant
and its authorized representatives arising out of or in connec-
tion with tenant use or occupancy of the Parking Structure and
shall furnish and maintain a current certificate of insurance
with Agency which shall designate Agency as an additional named
insured.
5. The occurrence of any of the following shall constitute
a default by Grantee:
A. Failure to pay into the Parking District, as
described in Section 1 above, or to pay the rent when due,
if the failure continues for ten (10) days after notice has
been given to Grantee.
B. Failure to perform any other provision of this
Agreement and Grant if the failure to perform is not cured
within ten (10) days after notice has been given to Grantee.
6. Agency shall have the following remedies if Grantee
commits a default. These remedies are not exclusive; they are
cumulative in addition to any remedies now or later by law cur-
rent:
A. Agency can terminate the rights of Grantee, its
successors in interest, assigns, tenants and lessees of the
Property to use, occupancy, and possession of the Property.
6. Grantee shall not voluntarily assign or encumber its
interest in this Agreement and Grant or in the rights of use of
the Parking Structure or sublease all or any part of the rights
of use of the Parking Structure, or allow any other person or
entity except those expressly prescribed herein, to occupy or use
all or any part of the Parking Structure, without first obtaining
Agency's consent. Any assignment, encumbrance, sublease or
license without Agency's consent, shall be voidable and at
Agency's election, shall constitute a default. No consent to any
assignment, encumbrance, sublease or license shall constitute a
further waiver of the provisions of this paragraph.
7. This Agreement and Grant shall be binding upon and
inure to the benefit of the parties or their respective succes-
sors except as hereinabove provided.
8. ~This Agreement and Grant contains all of the agreements
between the parties concerning the subject matter hereof.
IN WITNESS WHEREOF, the parties hereto have executed this
Agreement and Grant as of the day and year first above written.
"AGENCY"
APPROVED AS ~O FORM:
· USTIN COMMUNITY REDEVRLOPMENT AGENCY
a California community redevelopment
agency
By.
JAMES G. ROURKE
CItY A~YORNEY
By
"GRANTEE ·
S~A:cj :D:12/22/86(C2)
R: 12/29/86
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ORDINANCE NO. 510
AN ORDINANCE OF TtIE CITY COUNCIL OF THE CITY
OF TUSTIN, CALIFORNIA, AMENDING THE ZONING
ORDINANCE, ORDINANCE NO. 157, AS ~4ENDED,
ADOPTING THE EL CAMINO REAL DEVELOPMENT PLA~
(SPECIFIC PLAN NO. 1)
The City Council of the City of Tustin, does ordain
as follows:
The Zoning Ordinance, Ordinance No. 157, as amended
is hereby amended by the addition thereto of Section 4.17.
SECTION 4.17 E1 Camino Real - Specific Plan No. 1:
a)
In order to promote the goals and objectives of the
General Plan and to encourage the orderly developmen~
and redevelopment of commercial and professional
land uses in the Town Center area, there is hereby
established by this Ordinance, The E1 Camino Real
Commercial Area Specific Plan No. 1.
b) Plan Boundaries:
The area encompassed by Specific Plan No. 1,
depicted by Figure 1, shall be bounded by a line
starting at a point at the center-line of the inter-
section of "C" Street with Sixth Street; easterly
on Sixth Street to a point 400 feet easterly of the
centerline of the intersection of Sixth Street and
E1 Camino Real; thence northerly on an alignment.
with the easterly boundary of Prospect Avenue to
the centerline of the intersection of Prospect
Avenue and First Street; thence westerly to the
point of beginning.
c) Permitted Uses:
Subject to the general provisions, exceptions and
restrictions as herein provided, all uses shall be
permitted in the Downtown Commercial Area as are
authorized in the Retail Commercial District (C-l).
d) Limitations on Permitted Uses:
Ail uses in the E1 Camino Real Commercial Area
shall be subject to the following limitations:
1)
No structure other than motels and hotels shall
be permitte~ mixed residential and commercial
uses.
2)
NO merchandise shall be displayed nor advertised
for sale on or over public right-of-way. This
section is not to be construed as restricting
nor limiting the outside display and sale of
merchandise on private property within the
district.
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e) Authorized and Encouraged Uses:
The following uses are authorized and encouraged
for this area with the interest of creating a
Commercial Village Atmosphere:
Pipe & Tobacco Shops
Wine Tasting Rooms
Leather Goods
Candle Shops
Boutique
Coffee Shops
Ethnic Restaurants
(Spanish, Mexican,
French, German)
Hobby Shops
Delicatessens
Lamp Shops
Yardage Goods
Knit Shops
Ice-Cream Parlors
Jewelry Shops
Wrought Iron Ware
Art Galleries
General Offices
Photographers's Studios
Gift Shops
China and Crystal
The above list of potential uses is not all
encompassing but typifies the character of uses
that illustrate the desired image.
f) Site Plan and Elevations Required:
g)
Prior to the issuance of a building permit for any
building, structure, or structural alteration, and
prior to the improvement or modification of any
parking lot, a site plan and/or building elevaticn
plan shall be approved by the Development Preview;
Commission as set forth by Ordinance No. 439.
Site Development Standards and Exceptions:
In order to provide maximum flexibility in design
and development for various lot sizes, consistent
with a concept of village environment, the followin~
criteria and exceptions shall become applicable:
Front building setbacks may be established at
the property line except for corner properties
requiring a five foot (5') line of sight
clearance.
Rear yard setbacks shall be established at
fifteen (15) feet from the rear property line,
or in the event the development extends to the
next intervening street, the rear setback line
shall be construed as the frontage on "C" or
Prospect Streets.
As an exception to the general sections of
this chapter and other provisions of the Zoning
Ordinance, when commercial and professional
properties are developed or converted to per-
mitted uses under the provisions of this Ordinan¢
on-site parking requirements may be modified
under any one or a combination of the following
provisions.
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(a}
Property or properties that lie in toro
within a V~hicle Parking Assessment District
or Business Improvement Area shall be
exempt from the requirement for on-site
parking accommodations, subject to the
provisions of the parking or improvement
district ordinance.
(b)
On-site parking requirements may be waived
upon the presentation to the City of a long
term lease, running with and as a condition
of the business license, for private off-
site parking accommodations within 300 feet
of the business or activity to be served.
(c)
All or a portion of required number of
parking spaces may be satisfied by depositin(
with the City an amount, to be used for
public parking accommodations within the
area. equal to 4 times the assessed value
as determined from the latest assessment
roll of the County Assessor, of 200 square
feet of land within the area, for each
required parking space not otherwise pro-
vided.
Architectural styles shall be authorized by the
D.~ve..c~...~n~ ~eview Commission upon a finding
that '~rcposed developments are compatible with
and complementary to the village motif. Renovatic
of existing victorian and western style buildings
and construction of others of similar style and
compatible Spanish motif are encouraged.
Landscaping plans for areas exposed to public
view shall be required as an integral of site
development plans.
Signs shall be of uniform size, color and
style limited to twenty (20%) percent of the
front wall area of any one single business or
office plus one free-standing complex or rzall
identification sign not to exceed 200 square
feet with permitted identification of the
business or professions within the complex of
twenty (20) square feet maximum for each such
occupant.
h) Public Improvements:
Public improvements contributing to the motif of the
area and the intent of this ordinance are to consist
of the following:
1)
Street furniture for convenience of the pedestrian
shopper to consist of benches and trash recep-
tacles.
2)
Street lighting with the use of stanchions and
fixtures that contribute to the development
theme.
3% Street portals to create an identity of approach
to the area for vehicle and pedestrian tra£~ic.
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4) The use of wishing wells as theme and area
identity.
5) Street and traffic patterns that segregate
vehicle from pedestrian traffic by providing
rear access to parking accommodations, delivery
services, and through traffic, with frontage
accommodations for pedestrians and short term
convenience parking.
PASSED AND ADOPTED at a regular meeting of the Tustin,
City Council, held on the 6th day of July , 1971.
ATTEST:
MAYOR
_>
CLEm(