Loading...
HomeMy WebLinkAboutCC 11 PARKING AGREEMENT 2-2-87DATE:- FEBRUARY 2, 1987 TO: FROM: SUBJECT: CONS2!NT CALEN DAR NO. 11 2- 7 Inter Com WILLIAM A. HUSTO#, CITY HANAGER COMMUNITY DEVELOPMENT DEPARTNENT ACCOUNTING PROCEDURES FOR PARKING AGREEMENT 333 EL CANINO REAL RECEIVED FINANCE DEPT, RECOHNENDATION: It is recommended approve the necessary accounting procedure allowing the City of Tustin to collect Redevelopment fees for a parking agreement. BACKGROUND: On January 19, 1987 the Redevelopment Agency approved a parking agreement for 333 E1 Camino Real. This agreement requires the property owner to make payments to the Redevelopment Agency Parking District. A copy of this report is attached for review. This district, however, has not been established as a separate accounting fund. Therefore, as recommended by the Finance 'Director, these payments may be accepted as a Trust deposit and earmarked for future redevelopment use. CONCLUSIONS: Accepting payments to a parking district would normally require adoption of an ordinance creating a parking district. As an alternative, the City Council may agree to accept fees on behalf of the Redevelopment Agency to be held in trust for use of the Agency. In this case, the Agency intends to provide parking facilities in the downtown area. Staff considers this process acceptable and Finance Director L recommends approval of this 'CHRISTINE SHINGLETON, Director of Community Development LP:do attach: staff report DATE: JANUARY 19, 1987 REDEVELOPMENT AGENCY Inter Corn TO: FROM: S U BJ ECT: WILLIAA A. HUSTON, EXECUTIVE DIRECTOR COHHUNITY DEVELOPHENT DEPARTMENT PARKING AGREEHENT FOR 333 EL CAHINO REAL RECOI~ENDATION: It is recommended that the Redevelopment Agency authorize execbtton of' a parking agreement and grant of parking rights for 333 E1 Camino Real. BACKGROUND: On November 24, 1986 the Planning Commission approved a parking variance and use permit for 333 E1Camino 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 ~ 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 staff a~d the City Attorney. ~11ADRA CAY PICjKjUP~- [ ~ Assistant Pla~ner ~ Director of Community Development LP: do attachments: staff report agreement Ordinance No. 510 FILE COPY Plannin Commission DATE:' NOVEgBER 24, 1986 SUBJECT: PROPERTY 01/NER! APPLTCANT: HR. RAYHOND SAL~I USE PEPd4IT NO. 86-32 I/I'r~ VARIANCE NO. 86-8 AH:ROVED 8Y PLANNING COMMISSION LOCATION: ZONING: 148 g. RAIN STREET TUSTIN, CA 92680 iOV 2, 4 1986 333 EL C~INO REAL C-2 CENTRAL COI~ERCIAL SPECIFIC PLAN AREA NO. I ENV I RONMENTAL STATUS: REQUEST: A NEGATIVE DECLARATION HAS BEEN FILED IN CONFORMANCE ~ITH THE CALIFORNIA ENVIRONMENTAL QUALITY ACT. V 86-8: TO ALLOW A REDUCTION IN THE REQUIRED. NUMBER OF PARKING SPACES FROM 12 SPACES TO9 SPACES. UP 86-32: TO ALLOW OVER 50% OFFICE USE IN A BUILDING LOCATED IN THE C-2 ZONE. RECO~4ENDED 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. SUIIURY: 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 Planning Commission Report Use Permit 86-~2/Vartance 86-8 Page 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. -The staff report and resoldtton 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: $'.76 spaces for second floor offices (1440 sq.ft. Y2~0) 6.00 spaces fo~ first floor office area (1523 sq/ft./250) 0 ,spaces for unused basement ~ Total parking spaces required Specific Plan No. I 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 (5) 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. 510 (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. Corn rnunl~ Dev¢loprn~n~ Department Planning Co~r~tsston Report Use Permit 86-32/Variance 86-8 Page three Staff recommends the following conditions of approval for this Variance: 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 (1) 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 'hal 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 pe~ every 200 square feet of retail area. As previously granted, the Use Permit No. 83-6 allowed office uses in over 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 50[ of the building area ti '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: 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. Cornrnuni~y Deveiopmeni Depar~rnent Planning Commission Report Use Permit 86-32/Variance 86-8 Page four The proposed use is service oriented 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, Eengel 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. Removal of all but one of the previously proposed awnings. Eemoval of the proposed cornice and corner treatments on the side of the building. Staff considers the previous proposal to be more approp6iate for the area. Matntentance 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. Corn munity 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 Old 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): 1. The Variance granted shall not constitute granting of special priviledge 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. 2. That because of special circumstances applicable. ~o subject property, including size, 'shape, topography, location or surround!ngs, 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. Community Oevel op~n~ Di rector LCP: jd attach: Resolution 2369 Resolution 2375 Variance 83-6 Report Resolution 210! Specific Plan No. 1 Site Plan Elevations Letter from Applicant Community Developrnen~ Dcpartrnonl ! 3 4 5 6 7 9 10 11 13 14 16 17 18 19 2O 21 22 23 25 27: 28 RESOLUTION NO. 2369 A R£SOLUTION OF THE PLANNING COMMISSION OF THE CITY OF TUSTIN AUTHORIZING USE PERMIT NO. 86-32 ALLOWING OV£R 50% OFF~C£ USE IN A BUILDING LOCAT£D IN THE C-2 ZONE 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 Salmt 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: The use is in conformance with the land use element of the Tustin Area General Plan. e e 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 an~ 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. Should retail tentants propose to use the building in the future, provisions have been made for retail occupancy. e 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. 1 4 5 6 7 8 9 10 11 13 14 15 16 17 18 19 21 25 116 28 Resolution No. 2369 Page two II. The establishment, maintenance, and operation of the use applied for will not be injurious or detrimental to the properS/ and improvements in the neighborhood of the subject p~operty, 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. F. A Negative Declaration has been filed for this project in accordance with the California Environmental Quality Act. 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. Be 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. Ce 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 space for every 200 square feet of retail area. 5 6 7 8 9 10 11 13 14 15 16 17 18 19 2O 21 22 23 ~4 25 26 27 28 Resolution No. 2369 page three Pursuant to Section 9272 of the Municipal Code, building plans shall be modified to conform to the approved design concept of the Planning Commission prior to issuance of Building 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 E1Camino Partnership. The applicant shall complete and return an agreement to conditions imposed form as required by the Director of Community Development. PASSED AND ADO_PT~at a re meeting of ;tin Plannibg Commission, _ held on the _~,/~) day 1986. Chairman ~1~ Rec~rding~ecretary ~ LCP:Jd 1 3 4 5 6 7 $ 9 10 1I 12 13 14 15 16 18 19 ~0 23 25 ~6 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 Tusttn does hereby resolve as follows: The Planning Commission finds and determines as follows: A proper application, (Variance No. 86-8), was filed on behalf of Raymond Salmt, 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 (9). B. A public hearing was duly called, noticed and held on said application. Ce Because of special circumstances applicable to the subject property, relative to size, shape, topography, location or surroundings, a 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, evidenced by the following findings: The use is in confor~nce with the land use element of 'the Tustin Area General Plan. 2. The use applied for is an allowed use in the C-2 zone and Specific Plan Area No. 1. e 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. ! 3 4 5 6 7 9 10 11 12 13 14 15 16 17 18 19 20 '/-1 22 23 ~5 o7 Resolution No. 2375 Page two II. 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 Zoning Ordinance or the public safety, health and welfare, and said variance should be granted. Ge 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. 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. 2. The building shall not be occupied or building permits fop 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 life 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. 1 2 3 4 5 6 7 8 9 10 'Resolution 2375 Page three e 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. The applicant shall sign and return an agreement to conditions imposed form as required by the Community Development Director. 14 15 16 17 18 19 20 21 ~2 23 24 25 26 27 28 PASSED AND ADOPTED_ at a reg_uljr meetin~ of the Tustin Planning Commission, held On the,~ day of ~/~:~.¢~:~.~-~, 198__. CHARLES E. PUCKETT, Chairman 11,, : ?o ,^o. · ' 12 ~ecording Secretary AGREEMENT AND GRANT OF PARKING RIGHTS THIS AGREEMENT AND GRANT OF PARKING RIGHTS is made and entered into as of , 198 , by and between the TUSTIN COMMUNITY REDEVR~PMENT AGENCY, a California community redevelopment agency ("Agency") and RICHARD RENGEL, an individual ("Grantee"). ~ E 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 Agen'cy's Parking Structure: 1. The first twelve (12) months 2. Second year 3. Third year 4. Fourth year 5. Fifth year $100.00/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 p~rking requirements pursuant to Specific Plan Nb. 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 per-sons the parking spaces designated as parkin~ 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, 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 , 1-9 , 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: $1,800.0 O/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 noti-ce has been given to Grantee. 6. Agency -~hall 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, sh~ll 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 WH~-REOF, the parties hereto have executed this Agreement and Grant as of the day and year first above written. "AGENCX · TUSTIN COMMUNITY REDEVELOPMENT AGENCY a California community redevelopment agency By. APPROVED AS TO FORM: JAMES G. I~DURKE CITY ATTORNEY By. "GRANTEE · S~A:cj :D:12/22/86(C2) R: 12/29/86 4 $ 10 15 £5 £9 30 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 ~I{E EL CAMINO REAL DEVELOPMENT PLAN (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 Rea~ - 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-i) . d) Limitations on Permitted Uses: Ail use~ in the E1 Camino Real Commercial Area shall be subject to the following limitations: 1) No structure other than motels and hotels shall be permitted 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. 4 ? 8 9 10 14 20 e) Authorized and Encouraged Uses: f) 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. Site Plan and Elevations Required: 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 elevation plan shall be approved by the Development Preview; Commission as set forth by Ordinance No. 439. g) Site Development Standards and Exce?tion~: 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 follo%;ing provisions. 1 4 6 ? 8 9 10' 11 19. 14 15 16 17 18 19 2O 21 22 25 24 25 26 28 29 30 52 (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 lon~ 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) Ail 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 suuare feet of land within the area, for each required parking space not otherwise pro- vided. Architectural styles shall be authorized by the Deve!o~ment Preview Commission u~on a finding that 'Drcposed developments are compatible with and complementary to the village motif. Ronovati 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 T~all 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 us~ of stanchions and fixtures that contribute to the development theme. 3~ Street portals to create an idcntity of approach to the area for vehicle and pedestrian tra£~ic. ? 8 9 10 11 13 15 17 ~8 ~0 ~3 35 27 ~8 ~0 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 accon%modations, 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. MAYOR ' -- ATTEST: