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HomeMy WebLinkAboutRPT 1 PC ACT AGENDA 03-16-87*"ACTION AGENDA M~CH 9, 1987 REPORTS NO. 1 3-16-87 CALL TO ORDER: 7:30 p.m., City Council Chambers PLEDGE OF ALLEGIANCE/INVOCATION ROLL CALL: Present: Puckett, Well, Baker, Le Jeune, Pontious PUBLIC CONCERNS: (Limited to 3 minutes per person for items not on the agenda) IF YOU WISH TO SPEAK TO THE COMMISSION ON A SUBJECT, PLEASE FILL OUT THE CARDS LOCATED ON THE SPEAKER'S TABLE. ALSO, PLEASE GIVE YOUR FULL NAME AND ADDRESS FOR THE RECORD. CONSENT CALENDAR: (ALL MATTERS LISTED UNDER CONSENT CALENDAR ARE CONSIDERED ROUTINE AND WILL BE ENACTED BY ONE MOTION. THERE WILL BE NO SEPARATE DISCUSSION OF THESE ITEMS PRIOR TO THE TIME OF THE VOTING ON THE MOTION UNLESS MEMBERS OF THE COMMISSION, STAFF OR PUBLIC REQUEST SPECIFIC ITEMS TO BE DISCUSSED AND/OR REMOVED FROM THE CONSENT CALENDAR FOR SEPARATE ACTION.) 1. Minutes of February 23, 1987 Planning Commission Meeting. Well moved, Ledeune second to approve the mtnutes with an addition to UP 87-4 that Parents Who Carp ~ere notified of the hearing. Notion carried 5-0. 2. FINAL TRACT MAP 12719 To subdivide for 127 single family detached houses, East Tustin. Wetl moved, Baker second to approve Final Tract ~ap 12719 with changes to the resolution as recommended by staff. ~otlon carried 5-0. PUBLIC HEARINGS 3. USE PERMIT 87-5 Applicant: Location: Request: Mr. George Hillyard on behalf of Mobil Oil Corp. 172411rvine Boulevard To convert an existing 167 square foot sales area to a mini-market. Presentation: RESOLUTION NO. 2393: RECOMMENDED ACTION: Laura Pickup, Assistant Planner A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF TUSTIN, GRANTING A CONDITIONAL USE PERMIT TO INSTALL A 167 SQUARE FOOT MINI-MARKET AT 17241 IRVINE BOULEVARD IT IS RECOMMENDED THAT THE PLANNING COMMISSION APPROVE USE PERMIT 87-5 BY THE ADOPTION OF RESOLUTION NO. 2393. Pontious moved, LeJeune second to approve UP 87-5 by the adoption of Resolution 2393. Motion carried 5-0. Planning Commission'Agenda March 9, 1987 page two Applicant: Presentation: RECOMMENDATION: ZONING ORDINANCE AMENDMENT 87-1 City Council Laura'Pickup, Associate Planner IT IS RECOMMENDED THAT THE PLANNING COMMISSION INSTRUCT STAFF TO SCHEDULE A PUBLIC HEARING FOR ZONING CODE AMENDMENT NO. 87-1. Chairman Puckett, with a consensus from the Comdssion, instructed staff to set a public heartng for consideration of Zontng Ordinance Amendment 87-1. OLD BUSINESS None. NEll BUSINESS 5. STATUS REPORT - TUSTIN HEIGHTS SHOPPING CENTER DRIVE ALIGNMENT Presentation: Jeffrey S. Davis, Senior Planner 6. LANDSCAPE DEVELOPMENT STANDARDS Presentation: Christine Shingleton, Director of Community Development Commissioner Pontious left the meeting at 9:10 p.m. Le ~eune moved, Baker second to receive and file. Motion carried 4-0. STAFF CONCERNS 7. REPORT ON COUNCIL ACTIONS MARCH 2, 1987 Presentation: Christine Shingleton, Director of Community Development COMMISSION ~NCERNS Commissioner Well discussed the Hoffman report and potential fiscal impacts caused by the different annexations. Commissioner Le Jeune expressed concern with temporary signs at the auto center and questioned the status of Ruby's Cafe. Commissioner Baker questioned if any further communication had been received concerning the Will's office building and questioned when Bryan Avenue will reopen. ADOOURNMENT Wet1 moved, Baker second to adjourn to the next regularly scheduled Planning Co~ssion meeting. Motion carried 4-0. AGENDA TUSTZN PLANNING COI~IZSSION R£GULAR I~ETING )lARCH 9, 1987 CALL TO ORDER: 7:30 p.m., City Council Chambers PLEDGE OF ALLEGIANCE/ZNVOCATZON ROLL CALL: Puckett, Wetl, Baker, Le Jeune, Pontious PUBLIC CONCERNS: (Limited to 3 minutes per person for items not on the agenda) IF YOU WISH TO SPEAK TO THE COMMISSION ON A SUBJECT, PLEASE FILL OUT 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 February 23, 1987 Planning Commission Meeting. FINAL TRACT MAP 12719 To subdivide for 127 single family detached houses, East Tustin. PUBLIC HEARINGS 3. USE PERMIT 87-5 Applicant: Locatt on: Request: Mr. George Hillyard on behalf of Mobil Oil Corp. 172411rvine Boulevard To convert an existing 167 square foot sales area to a mini-market. Presentation: RESOLUTION NO. 2393: Laura Pickup, Assistant Planner A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF TUSTIN, GRANTING A CONDITIONAL USE PERMIT TO INSTALL A i67 SQUARE FOOT MINI-MARKET AT 17241 IRVINE BOULEVARD 1ECOMMENDED ACTION: IT IS RECOMMENDED THAT THE PLANNING COMMISSION APPROVE USE PERMIT 87-5 BY THE ADOPTION OF RESOLUTION NO. 2393. Planntng Commission Agenda March 9, 1987 )age two Applicant: Presentation: RECOMMENDATION: ZONING ORDINANCE AMENDMENT 87-1 City Council Laura Pickup, Associate Planner IT IS RECOMMENDED THAT THE PLANNING COMMISSION INSTRUCT STAFF TO SCHEDULE A PUBLIC HEARING FOR ZONING CODE AMENDMENT NO. 87-1. OLD BUSINESS None. NEW BUSINESS, 5. m STATUS REPORT - TUSTIN HEIGHTS SHOPPING CENTER DRIVE ALIGNMENT Presentation: Jeffrey S. Davis, Senior Planner LANDSCAPE DEVELOPMENT STANDARDS Presentation: Christine Shingleton, Director of Community Development STAFF CONCERNS 7. 'REPORT ON COUNCIL ACTIONS MARCH 2, 1987 Presentation: Christine Shingleton, Director of Community Development COMMISSIOMCONCERNS AO~OURI~E#T Adjourn to the next regularly scheduled Planning Commission meeting. MINUTES TUSTIN PLANNING COMI4ISSION REGULAR INEETI NG FEBRUARY 23, 1987 ~L TI) ORDER: 7:33 p.m., City Council Chambers PLEDGE OF ALLEGIANCE/INVOCATION ROLL CALL: Present: Puckett, Well, Baker, Pontious Absent: LeJeune PUBLIC CONCERNS: None. CORSELET CALENDAR: 1. Minutes of February 9, 1987 Planning Commission Meeting. 2. PERMIT TO OPERATE A LARGE FAMILY DAY CARE HOME 1651Copperfield Drive, Nancy Hormuth Commissioner Well moved, Baker seconded to approve the Consent Calendar. carried 4-0. PUBLIC HEARIRGS 3. USE PERMIT 87-3 Applicant: Location: Request: Presentation: RESOLUTION NO. 2390: RECOMMENDED ACTION: Motion Joseph Miccio on behalf of Continental Health Management Systems 2472 Walnut Avenue Authorization to install a medical clinic and laboratory in an existing 27,622 gross square foot building. Laura Pickup, Assistant Planner A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF TUSTIN, AUTHORIZING INSTALLATION OF A MEDICAL CLINIC AND LABORATORY AT 2472 WALNUT AVENUE. APPROVE USE PERMIT NO. 87-3 BY THE ADOPTION OF RESOLUTION NO. 23g0. Seeing no one further wishing to speak, Chairman Puckett closed the. public hearing at 7:43 p.m. Joe Mlccio, Continental Health Management, made himself available for questions and commented CHMS is looking to purchase the building. Chairman Puckett opened the public hearing at 7:40 p.m. Commission discussion ensued with questions of staff concerning parking regulations for patients and employees, handicap parking requirements and if the applicant is leasing or purchasing the building. Planning Commission Minutes February 23, 1987 page two Commissioner Pon~ious expressed further concern with the limited number of handicapped parking spaces especially in light of the use at this facility. Laura Pickup responded staff could work with the applicant on this; it would require an additional $' of parking area. Christine Shingleton informed the Commission that the occupancy classification in the Building Code could affect the number of spaces required. Commissioner Wetl moved, Pontious seconded to approve Use Permit 87-3 by the adoption of Resolution 2390. Motion carried 4-0. 4. USE PERMIT 87-4 Applicant: Location: Request: Spoons Tusttn Plaza, 13741 Newport Authorization for an on-site beer, wine and distilled spirits license in conjunction with a restaurant use (license type 47) Presentation: Jeffrey S. Davis, Senior Planner RESOLUTION NO. 2391: A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF TUSTIN, AUTHORIZING A BEER, WINE AND DISTILLED SPIRITS LICENSE FOR ON-SITE SALES AT 13741 NEWPORT AVENUE RECOMMENDATION: APPROVE USE PERMIT NO. 87-4 BY THE ADOPTION OF RESOLUTION NO. 2391. Jeff Davis reviewed the hours of operation, proximity to schools, supervision of employees who serve alcohol and outdoor seating. Alcohol would be served only from 11:00 a.m. to 1:00 a.m. and only when food is concurrently served. The original application requested the restaurant portion be closed at 12:00 a.m. with the bar area remaining open until 1:00 a.m. Previous Commission action has been that bar activity should be concurrent with restaurant operation. Chairm~n Puckett opened the public hearing at 7:4g p.m. Dorson Jackson, Spoons, requested relief from condition 2 in the resolution. There are other Spoons where they close the restaurant one hour before the lounge. 11:00 a.m. to 12:00 p.m. with the restaurant closing at 11:00 p.m. The percentage of food sales is approximately 75/25%. They are aware of.the liability associated and are conscientious. They requested they be allowed to keep the lounge open an extra hour. Commissioner Baker explained the Commission is concerned with the place becoming a bar rather than a restaurant. As a con~romtse if they would leave the dining area open eventhough the kitchen is closed. Commissioner Well suggested a light menu in the lounge. Dorson Jackson responded they could have a limited menu but he would have to check with the other Spoons staff on what it would be. Seeing ~ one further wishing to speak, Chair~n Puckett closed the hearing at 7:55 p.m. Planning Commission Minutes February 23, X987 page three Commissioner Baker clarified C.2. would remain in the conditions of approval. Commission discussion ensued concerning types of foods which would be served in the lounge and time involved in kitchen clean up. Commissioner Well moved, Pontlous seconded to approve Use Permit 87-4 by the adoption of Resolution 2391 with a change to I.A. indicating Dorson Jackson represents Spoons. Motion carried 4-0. 5. AMENDMENT NO. 1 TO USE PERMIT 85-9 Applicant: Location: Request: Carver Development Tustln Plaza office/retail sites westerly side of Newport Avenue between Main Street and E1Camino Real. To authorize implementation of a shared parking plan as an amendment to the Development Plan approved by Use Permit 85-9 Presentation: Jeffrey S. Davis, Senior Planner RE-SOLUTION NO. 2392: A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF TUSTIN, AMENDING THE DEVELOPMENT PLAN APPROVED BY USE PERMIT 85-9 AUTHORIZING SHARED PARKING FOR A FREESTANDING RESTAURANT AT 1374! NEWPORT AVENUE. RECOMMENDATION: ADOPT RESOLUTION NO. 2392 AMENDING THE DEVELOPMENT PLAN APPROVED DY USE PERMIT 85-9 AUTHORIZING IMPLEMENTATION OF A SHARED PARKING PLAN FOR A FREESTANDING RESTAURANT. Jeff Davis explained two factors differentiate this center from others: 1) approximately 31~ of the project was constructed for office purposes; and 2) the center is without the traditional "anchor" tenant that is often a major draw to an area. Given these circumstances and in an effort to accommodate capacity seating staff is proposing the implementation of a shared parking program. According to a study by ULI peak demand for mixed use is at different times during the day. During the busiest time of year (December) the center's demand will be 20 more spaces than provided. In a letter dated February 5, 1987, planning staff noted that in order to process a shared parking program the orientation of the building would need to be modified. Originally it was to face Newport Avenue. The entrance should be directed to the southwest to maximize the spaces under utilized at this time as well as spaces at the office complex. Staff met with representatives of Spoons and received revised plans. However, the building was submitted with an orientation to Newport. Part of staff's analysis of shared parking program was based on the assumption the building would be oriented to the southwest. Jeff Davis further emphasized items I to 6 outlined in the staff report be approved as part of the plan with the addition of #7 to require the orientation of any restaurant to be to the southwest in order for this amendment to the development plan to work. Planning Commission Min~.ds February 23, 1987 page four Commission Baker questioned if anything is being done to encourge people to walk across 6th Street. Jeff Davis responded I) staff's opinion is that given the hours of operation of the center and the tenant mix the potential for utilization of any parking spaces in the office complex for patrons is small. Employees of any of those users should park at 6th Street. 2) In order for this parking plan to work the orientation of the building needs to be to the south. Commissioner Pontious expressed her concern that parking problems are happening now and wondered why they weren't addressed during the initial process. Jeff Davis responded that it was under estimated what the need for the restaurant seats would be. The magnitude of the seating for Souplantation was not anticipated. Chairman Puckett opened the public hearing t 8:22 p.m. Ktm Josephson, Carver, informed the Commission the lease agreements allow Carver to ask employees to park in the back lot. He questtoned staff on how the standards are being calculated and if there will be a preclusion of any future food uses in Tustin Plaza. Jeff Davis responded limitations are based on the shared parking plan. Future uses would have to be considered on an individual basis. Klm Josephson further informed the Commission that Spoons feels reorienting their plans would disfigure their floor plan to a point it would become infeasible to operate; not aesthetically desirable to orient the building toward the parking lot. He agreed the shared parking plan would work at Tustin Plaza irrespective of which way the restaurant is oriented. Jeff Davis clarified that the issue was the orientation of any restaurant not of Spoons. It is the concept of where the people will park. Klm Josephson requested clarification of item 6 in the staff report. Christine Shingleton explained OCTD has asked that major developers participate in the car pool information program. It is a voluntary program. Staff is just requesting that Carver provide OCTD with a list of tenants. Klm Josephson emphasized that a lease is signed with Spoons so they are definitely dealing with Spoons, not just any restaurant user. Dorson Jackson, Spoons, explained it is important to face the street. The orientation of the building has little affect on where the people will park. They will park where places are available. Accessiblity and visibility are important to Spoons. The window of activity is only available to 1/2 of the cars that travel on Newport if the front door doesn't face the street. They hope to have astrong pedestrian traffic from not only the parking lot but from the surrounding uses. The driveway forms a barrier keeping people parking on the side staff has recommended. The orientation of the building will complement the shared parking concept. They plan to work with staff to review the s(tuation further. He further requested clarification of condition #5 in the staff report. Planning Commission February 23, 1987 page five Christine Shlngleton explained that only a monthly schedule would be required for the first six months. Seeing no one further wishing to speak, Chairman Puckett closed the hearing at 8:50 p.m. Commissioner Well agreed with the orientation of the building toward the parking area. She suggested that signage be provided indicating additional parking and a pedestrian crosswalk on 6th Street. Commissioner Baker questioned the need for the applicant to submit a detailed work schedule and construed it as a possible hardship. Christine Shingleton responded the condition doesn't require a schedule but only an actual shift count for number of employees to assess the joint parking concept. Pursuant to Commission discussion, Christine Shingleton reviewed the following changes to the Resolution of approval: I.C.5. "Subject property is currently zoned Planned Community Commercial, as such development standards are established via an overall development plan. A modification of said development plan is now justified for the following reasons: a) 31% of the proposed project is an office whose office use peak demand for parking is considerably less than a conventional commercial development; b) the center is without the traditional anchor tenant." II.A. "Maximum floor area for restaurants and/or food related uses shall not exceed existing tenant commitments and/or proposed tenant plans of Carver Development as of February 23, 1987 including plans for a freestanding restaurant." II.B. "Maximum office area shall be established by the Director of the Department of Community Development consistent with ensuring adequate shared parking conditions which accommodate peak parking demands." II.£. "A monthly work schedule for the first six months of operation of any restaurant user on the restaurant pad shall be submitted to the Community Development Department indicating the number of personnel and shift times." II.F. "The Carver Development shall participate and coordinate with Orange County Transit District to encourage that all tenants in the Center and their employees are encouraged to utilize car pools or alternative means of transportation to alleviate parking demand." II.G. "Drientation of the entrance of the proposed freestanding restaurant is to face to the southwest. Restaurant's main access is to be provided from within the center to encourage even utilization of parking spaces to justify the joint shared parking condition, to provide continuities to the center's pedestrian orientation and to reduce any liabilities which may result from vehicular, pedestrian and bicycle conflicts within the public right-of-way along Newport Avenue." Planning Commission Mi, .es February 23j 1986 page six Commissioner Well added two modifications: II.H. "Carver Development will provide strategically placed signs reading 'Additional Parking is Available' to encourage people to participate in the shared parking concept subject to approval of the Director of Community Development pursuant to site plan review process". II.I. Staff is directed to coordinate with the City Engineer to determine the feasibility of a pedestrian crosswalk painted across 6th Street. If such crosswalk is feasible, then it shall be installed. Commissioner Baker moved, Wetl seconded to approve Amendment No. 1 to Use Permit 85-9 by the adoption of Resolution 2392 with amendments as specified. Motion carried 4-0. OLD BUSZNESS None. NEW BUSINESS None. STAFF CONCERNS REPORT ON COUNCIL ACTIONS FEBRUARY 17, 1987 Presentation: Christine Shingleton, Director of Community Development COMMISSION CONCERNS Commissioner Well requested the Commission be supplied a copy of the annexation brochure. Commissioner Baker questioned if any effort is being made to realign the intersection at Old Irvine and 1trine Blvd. Jeff Davis responded a series of studies have been done by the Public Works Department, the results should be forthcoming. Commissioner Puckett thanked city staff for repairing the broken sidtng at Magnolia Park. ADOOURI~IENT Commissioner Well moved, Baker seconded to adjourn to the next regularly scheduled Planning Commission meeting. Motion carried 4-0. CHARLES E. PUCKETT, Chairman DONNA ORR, Recording Secretary Planning Commission DATE: HARCll 9, 1987 S~JE~: FINAL TRACT MAP NO. 12719 APPLICART: LOCATION: ZONING: ENVIRONHENTAL STATUS: REQUEST: BREN CONPANY ONE CIVIC PLAZA, SUITE 100 NEffPORT BEACH, CA 92660 RONDA HEACOCK, PROJECT PIANAGER PROPERTIES BOUNDED BY BROWNING AVENUE, EL CANINO REAL, BRYAN AVENUE AND PARKCERTER DRIVE ARE SHOWN ON APPROVED TRACT NO. 12345 (FAST TUSTIN RESIDENTIAL PHASE I, AREA 1) PLANNED COMIqUNITY RESIDENTIAL ENYIRONHENTAL INPACT REPORT 84-3 .HAS APPROVED IN COHPLIANCE WITH THE CALIFORNIA ENYIRONHENTAL QUALITY ACT AND IN CONJUNCTION WITH ADOPTION OF ORDINANCE NO. 938. AUTHORIZATION TO SUBDIVIDE THE SUBJECT AREA PROVIDING FOR THE DEYELOPI4ENT OF 127 SINGLE FANILY DETACHED HOUSING UNITS, COI4NON RECREATION AREA, AND PRIVATE STREETS RECOI~ENDATION: That the Commission recommend to the City Council approval of Final Tract Map 12719 by the adoption of Resolution No. 2397. BACKGROUND: Final Tract Map No. 12345 was approved by the City Council on May 5, 1986 by adoption of resolution No. 86-55. This map subdivided the area westerly of the auto center known as Phase I Residential. The Bren Co. is now requesting the *ftnal authorization to subdivide area 1 within Phase I Residential into 127 individual single family lots, common recreation and landscaped areas and private streets. On July 28, 1986 the Planning Commission recommended approval of the subject Tentative Tract map by the adoption of Resolution No. 2348. On August 4, 1986 the City Council approved the subject Tentative Tract Map by the adoption of Resolution No. 86-95. Community Development Department Planning Commission Report Final Tract 12719 page two As permitted by the Subdivision Map Act, developers may submit multiple final maps providing each such map is in compliance with the approved tentative. A final map, 12868, was submitted for a portion of the project (75 lots) approved by Tentative Tract Map 12719. The City Council, at its meeting of November 3, 1986 approved Final Tract Map 12868. It should be noted that sixteen (16) lots out of the originally approved 218 are not 'being developed at this time. The area has been reserved to accommodate flood control devices and proposed extension of the Browning Corridor. Those lots should not have been part of originally approved tentative tract map. At such time development is authorized, this area will require a new tentative tract and final map. The proposed final map is in conformance with the Tustin Area General Plan and the Planning Community District Regulations adopted July 1, 1985 (Ordinance No. 938). The final map is in substantial compliance with the tentative map and all conditions of approval have been met. 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'ON dVH IDYal 9VNI3 ~0 9VAOaddV 913N~03 A/ID NI£S~/ 3H1 01 9NION3NNO33a NI£S~I ~0 AlI3 3H£ JO NOIS$INNO3 9NINNVgd 3HI JO NOI£RgOS3B Z6£~ 'ON NOIIflgos3B 9~ O~ 6[ £[ 9[ g[ ~[ [[ O[ 6 9 f, [ ,,.,~ ~- TRACT NO, 12719 DATE OF ~UIqVEY, IN THE CITY OF TUSTIN, COUNTY OF ORANG~, ~TAT~. OF CALIFORNIA. ,,.,,, ~- Ti .ACT NO 12719 FINAL Pt'~E OF TENTATIVE · ~INAL PHA~[ OF 'I~ITAT~V~[ TIqACT NO, 127! 9 IN THE CITY OF ~llll, COI.~ITY OIe ORANI~, ~TATE OF CALIFORNIA. '~EET 4 OF ? SHEETg ]Z"/' LOTS ANO L.DT8 'A' THRU 'E' FINAL PHASE OF TEhTAT~VE TRACT NO. 1271D DATE OF SURVEY; T~^CT NO, ! 2719 IN THE CITY OF TUSTIN, COUNTY OF OEANGE, STATE OF CALIFORNIA. ~'~T 5 OF ? SleET8 I 17-'7 LOT~ ANO LOT~ 'A' THRU TRACT NO,, 12719 IN THE CITY OF TUSTIN. COUNTY OF ORANGE. STATE OF CALIFORNIA. MM, / ~ FIN~ ~ ~ ~ATIVE ~ DA~ ~ ~VEY, IN THE CZTY OF TUST[N, COUNTY OF ORATE, STATE OF CALIFORNIA. / Planning Commission DATE: MARCH 9, 1987 SUBJECT: USE PERMIT 87-5 APPLICANT: MR. GEORGE HILLYARD ON BEHALF OF MOBIL OIL CORPORATION P.O. BOX 290 DALLAS, TEXAS 75080 PROPERTY OIINER: .OCATION: ZORRO INVESTMENT CORPORATION C/O MOBIL OIL CORPORATION P.O. BOX 290 DALLAS, TEXAS 75080 172411R¥INE BOULEVARD ZONING:. PC-COMM - PLANNED COIttUNITY COBt4ERCIAL ENVIRORMENTAL STATUS: CATEGORICALLY EXEMPT (CLASS I) REQUEST: TO CONVERT AN EXISTING 167 SQUARE FOOT SALES AREA TO A MINI-MARKET RECOI~qENDATION: It is recommended that the Planning Commission approve Use Permit 87-5 by the adoption of Resolution No. 2393. BACKGROUND AND SUP~ARY: On December 9, 1985 Tustin Planning Commission approved Use Permit 85-28. This Use Permit authorized installation of a mini-market in an existing sales area. The sales area was not converted to a mini-market. According to Section 9293 (b) of the Tustin Municipal Code all Use Permits shall be null and void if not implemented within one {1) year from the date of %pproval. At this time, the applicant is reapplying for approval of the same mini-market which was considered by the .Commission in 1985. Seeing that no changes have been made to the previous request, staff recommends the approval of Use Permit 87-5. Community Development Department Planning Commission Report Use Permit 87-5 page two ANALYSIS: Staff has reviewed the application and has identified certain issues of concern. These include signs, sales of alcoholic beverages and site design. Signs: As a condition of approval staff is recommendi, ng that the applicant be required to submit a separate master sign plan which shall conform to the Tustin Municipal Code. Alcoholic Beverages: The applicant has not requested authorization to sell alcoholic beverages at this time. However, should the proprietor choose to sell alcoholic beverages in the future, a separate Use Permit will be required. Site Design: The applicant has met all parking, landscape and 'setback requirements of the Tusttn Municipal Code. No exterior alterations are being made and all structural changes are being made within the building. - Since this request meets all requirements of the Tustin Municipal Code, staff recommends approval of Use Permit 87-5 by adoption of Resolution 2393. Planning Intern CHRISTINE SHINGILETON.-'? ' Director of Communit~y/ Development CP:do Community Development Dcpanmcnl 1 4 5 6 7 8 9 10 11 13 14 15 16 17 18 19 20 21 23 24 25 26 27 28 RESOLUTION NO. 2393 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF TUSTIN, CALIFORNIA, GRANTING A CONDITIONAL USE PERMIT TO INSTALL A 167 SQUARE FOOT MINI-MARKET AT 17241 IRVINE BOULEVARD The Planning Commission of the City of Tustin does hereby resolve as follows: The Planning Commission finds and determines as follows: AJ That a proper application (Use Permit 87-5) has been filed by Mr. George Hillyard on behalf of Mobil Oil Corporation to authorize the installation of a mini-market in an existing 167 square foot sales area at 17241 Irvine Boulevard, in conjunction with a retail gasoline and automotive service station. Be That a public hearing was duly called, noticed and held on said application. Ce 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: The use is in conformance with the Tustin Area General Plan. The project is located in the PC: Commercial zone. Planned Community II. The use applied for is an allowed use in the PC: Planned Commuity Commercial zone. D8 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 as evidenced by compliance with the City's Zoning and Development standards. E. 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. That the project is categorically exempt from the requirements of the. California Environmental Quality Act as specified in Section 15303c. The Planning Commission hereby approves Use Permit 87-5 to authorize the installation of a 167 square foot mini-market within the existing sales area at 17241 Irvine Boulevard as applied for, subject to the following conditions: 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26i 27' 28 Resolution No. 2393 page two Ae Development plans shall conform to the approved plans as herein modified date stamped March 9, 1987. Any changes in these plans shall require approval of the Community Development Director. Final development plans shall require the review and approval of the Community Development Department. The provisions of the Use Permit do not include authorization for the sale of alcoholic beverages. Prior to conversion to the mini-market, a sign plan shall be submitted and approved by the Community Development Department. Approval of Use Permit 87-5 is contingent upon the applicant signing and returning an "Agreement to Conditions Imposed" form as established by the Director of Communit~ Development. PASSED AND ADOPTED at a 'regular meeting of the Planning Commission of the City of Tustin, California held on the day of , 1987. CHARLES E. PUCKETT, Chairman DONNA ORR, Recording Secretary Planning Commission DATE: HARCH 9, 1987 SUB,]ECT: ZONING ORDINANCE AFIENDMENT NO. 87-1: CONDITIONS OF APROVAL FOR ALCOIIOLI[C BEVERAGE SALES ESTABLTSHFIENTS RECOI,~ENDATZO#: It is recommended that the Planning Commission instruct staff to schedule a public hearing for Zoning Code Amendment No. 87-1. SII, IPIARY: On January 26, 1987 the City Council directed staff to prepare proper code amendments, resolutions and ordinances to codify and adopt regulations for alcoholic beverage sales establishments. This report includes background and analysis of the proposed Zoning Code Amendment. Staff is forwarding this information at this time for comments and is requesting authorization to schedule the matter for a future public hearing. BACKGROUND: On September 29, 1986 the City Council and Planning Commission conducted a joint session. This session included a presentation by Parents Who Care regarding regulation of alcoholic beverage sales establishments. Parents Who Care had requested Tustin to consider placing more stringent regulations and review procedures on alcoholic beverage establishments. They were concerned that the current Use Permit process was not effective in proper regulation of location hours of operation, and the character of the sales establishments. As a result of this session, the Planning Commission and City Council directed Community Development staff to prepare recommendations. Appropriately, the Community Development Department has conducted a detailed analysis of state and local regulations, surveyed local jurisdictions on their current requirements, and collected numerous studies and reports regarding alcoholic beverage control. Based on this information recommendations have been tailored to meet the needs within the City of Tusttn. · Community Development Department Planning Commission Report Zoning Ordinance Amendment 87-1 page 'c~o ANAL¥S~S OF CURRENT CO#D~T[O#S: Number of existing alcoholic_beverage sales establishments The City of Tusttn contains 117 alcoholic beverage sales establishments.* These establishments can generally be grouped into two (2) categories. Totals: On-site Consumption 47 (beer and wine) 22 (~eneral liquor) 69 Off-site Consumption 24 (beer and wine) 24 (general liquor) 48 Of the off-site licenses, only five (5) licenses are in conjunction with gasoline sale's with locations as shown on Exhibit A. Exhibits B and C show the locations of all on-site and off-site alcoholic beverage sales establishments wi thin the City. As evidenced by theseexhibits, the concentration of sales establishments is found along Newport Avenue. Exhibit D is an analysis of alcoholic beverage licenses. This chart shows the total number of licenses for the County of Orange, Tustin, 'Santa Aha, Orange and Irvine. Although the licenses per 1000 population rates seem higher for Tusttn (i.e. off-site general, on-site general-public place and overall ratio of licenses per 1000 population) the population used to determine these figures does not include Tustin's sphere of influence. If this area was included, population ratios fo~ Tustin would be reduced by 60%. e Current C.it¥ Regulations Tustin currently requires a CUP for all new alcoholic beverage sales establishments. Standard conditions of approval are as follows: On-site sales in conjunction with a restaurant use ° All alcoholic beverages shall be consumed on site. ° Authorization for on-site sales of beer and wine/liquor sales is *contingent upon the use of the subject site remaining a restaurant. At such time the restaurant use is discontinued the use permit becomes null and void. ° All persons serving alcoholic beverages must be eighteen years of age or older and supervised by someone twenty-one years of age or older. ° Hours of operation are limited to the hours of ~a.m. to p.m. (hours are identified'depending on~ the type of operation-~[- Food must be served during these hours. ° The menu of the restaurant shall consist of foods that are prepared on 'the premises. ° Options: - No outdoor seating is allowed at this location. - No 'bar' type seating is allowed. Corn rnunl~ Development Depar~rncn~ Planning Commission Report Zoning Ordinance Amendment 87-1 page three ,3. Off-site sales license (beer and wine/liquor) Authorization for off-site sales of beer and wine/liquor is contingent upon the use at the ~ubject site remaining as · (specific use is identified here) Should this use change or be ~ontinued, authorizations for this use permit is null and void. All persons selling alcoholic beverages shall be eighteen years of age or older and shall be supervised by someone twenty-one years of age or older at all times. Hours of operation are limited to the hours of to __ (hours are identified depending on the type of operation .-T[~ Options: - "No Loitering" signs shall be posted at the entrance of the business or other specified location(s). - No video games are allowed at this location· The'above conditions are enforceable by the City. Should any violation of these conditions occur, the City of Tustin retains the right to hold a public hearing to consider revocation of an approved CUP.. ~nalysis of regulatory activities in California: Many cities in the Southern California area have passed ordinances regulating the location and number of alcoholic sales outlets. One of the cities that appears in the forefront of regulation is the City of Compton which has established a 'cap' on the total number of licenses for liquor stores and 'barsl. Staff have also conducted a survey of 23 Orange County cities. The survey found that most cities are concerned with on-site sales of liquor, beer or wine. Seven {7) of the 23 cities surveyed, did not require CUPs merely relying on ABC regulations and enforcement. The results of the survey are as follows: CUP REQUIRED ON-SITE ONLY ADDITIONAL REGULATIONS Yes 16 7 3 No 7 16 20 Tustin is in relative conformance with nine (9) of the cities surveyed· These cities require a CUP for both on-site and off-site sales. In these cities, however, no other required conditions are part of each city's zoning code. Tustin, as with most other cities, uses land use criteria and distance analysis as a matter of City policy rather than an actual adopted code requirements. The remaining seven (7) cities require a CUP for On-site sales only. These cities are concerned with drinking and driving aspects as opposed to sales to.minors. Most cities rely on ABC to enforce the license requirements and all state regulations. Comrnunt~y Developmen: Depar~rnen~ Planning Commission Report Zoning Ordinance Amendment 87-1 page four '5. The League of California Cities is currentl~ pursuing amendments to the California Business and Professions Code. These amendments include provisions for California cities to regulate alcoholic beverage sales in conjunction with gasoline sales. At this time, no specific legislation has been passed on this issue. However, there are a number of legal cases that are currently pending on this matter. Input from Parents Who Care Numerous recommendations have been proposed to staff by Parents Who Care. These are attached to and included to this report as Exhibit E. Staff have met with representatives of Parents Who Care and have reviewed each of their recommendations. We have concluded based on background information, survey materials and recommendations of Parents Who Care, that a number of additional zoning code amendments and policy guidelines for alcoholic beverage sales establishments would be appropriate. Unfortunately,'not all of the recommendations made by Parents Who Care are appropriate and the legality of a number of their recommendations is in question. Staff however feels confident that the direction recommended will be enthusiastically supported by Parents Who Care. Recommendations Recommendations are listed below. Proposed zoning code amendments and recommendations to be addressed by adoption of a resolution establishing guidelines are included. Proposed Zoning Code Amendments Off-site alcoholic beverage sales shall be permitted subject to a CUP provided that the establishment is located a minimum distance from the following facilities:I 1. a minimum of 600 feet from the public schools, play grounds, parks, churches and other 'sensitive' uses (i.e. hospitals, convalescent homes and private schools); 2. a minimum of 100 feet from residentially zoned or used properties; 3. a minimum of 300 feet from another off-site alcoholic beverage sales establishment. Convenience markets shall only be permitted subject to a CUP in the C-1, C-2 and C-G zones. The Code should be amended to define such uses. (A retail store of 15~000 or less square feet in size which sells food items, beverages, and miscellaneous products for use and/or consumption off the premises where sold.) i Cornrnun~y l~loprncni Department Planning Commission Report Zoning Ordinance Amendment 87-1 page five Policy Guidelines for Review of Alcoholic Beverage Sales Establishments In addition to the conditions currently required on alcoholic beverage sales through the CUP process the following guidelines should also be utilized in reviewing and conditioning these establishments: A. Guidelines for proliferation of alcoholic beverage sales establishments: per 2000 persons - on-site general liquor sales per 2500 persons - off-site general liquor sales These population quotas shall be based upon current city population, projected population for the East Tusttn area, and projected population totals in portions of the City's sphere of influence for which the City is currently processing an annexation request. Determine the hours of operation as appropriate for the use proposed and its relation to: Ce 1. Residential areas .2. Arcades 3. Other similar uses 4. Relation to live entertainment locations. Determine maximum floor area devoted to alcoholic beverage sales as necessary for proposed use. D. Require. all signage to be limited to non-alcoholic beverage items. E. All off-site sales locations should post 'no ]oitering' signs'at the entrance. F. Avoid placement of video games at off-site sales establishments. All recommendations will require preparation of the necessary ordinances and 'resolutions as approved by' the City Attorney. As proposed, these regulations do not specifically discriminate against alcoholic beverage sales as long as all other similar uses are conditionally permitted uses. The hours of operation for any alcoholic beverage sales establishment may not be differentiated between alcoholic and non-alcoholic products. Therefore, staff considers individual review of each application more apprdpriate rather than establishing a 'curfew' for all sales. a ASSistant PI~ LP:do ttach: Exhibits A, B, C, D community DeVelopment Depa~rnent ~H~ISTINE SH [ NGLETOt~, Director of Community Development EXHIBIT A L GASOLINE AND ALCOHOL SALES SITES Superstop-395 W. First Street 3. Station Liquor Store-l. 6471 Mc Fadden Ave. Skip's Mobil Station-171 E. First S'treet 4. Southern Counties Oil-lOll E1 Camino Real 5. AM PM Mini Market-14231 Red Hill Ave. h TU~TII~ OFF-SITE LIQUOR SALES O--Single Site &--Multiple Site EXHIBIT C TUSTtN ON-SITE'LIQUOR SALES · --Single Site A--Multiple Site EXHIBIT B 0 nc: ~el .,inary Draft Alcoholic Beverage Outlet Guidelines General 1. CUP required for all new alcoholic beverage outlets (abo's). 2. CUP required for change of ownership, change in type of op- eration/kind of business; or, if a business is discontinued for a period of two months or more, CUP required--ali abo's. 3. No abo's will be permitted in higher crime areas, as deter- mined and defined by the Tustin Police Department (TPD). 4. No abo will be permitted in any location that will detract from residential areas. 5. No abo will be permitted to'operate if such operations create disturbances in or around the premises. 6. No abo may sell alcoholic beverages to a minor (State law).* 7. Persons making sales of alcoholic beverages (ab) must be at least 21 years old or be under adult supervision of a person located on the premises in the area where sales are made. 8. Off-sale abo's should agree to maintain a special alert for customers who make frequent purchases over an unusually short period of time and to report such purchases to the TPD to help prevent procurement for minors.** 9. Alcohol may not be sold in any abo after 10 pm, except for: 1) Type 42 and 48 bars already in existence and which close later under State law; 2)restaurants may continue to serve ab's in their dining area until midnight, but not in any separate bar operation; and 3)places of lodging which have "duplicate" licenses to operate a bar may do so until midnight. 10. Distances a. Sensitive Areas--No abo(on or off-sale) may be located closer than 600 feet from a school, playground, place of worship or other "sensitive" use (as may be defined by the Planning Commission or City Council). b. Separation of Outlets--No overconcentration of abo's will be permitted, and all must be separated by at least 600 ft. However, if a commercial development has special design features which make it desireable to be closer, and the Planning Department determines it reasonable and prudent, separation may be reduced (e.g. a restaurant cluster). *6b. Signs must be posted clearing explaining no sales to minors. **8a. Must have signs warning about buying ab's for others. 8b. Must have signs warning about no loitering. 8c, Cold beverages must be locked after 10 pm. to prevent"beer runs." 11. Ail on-sale abo's must have a bona fide "designated driver" type program in operation,~a~ties of 2 or more persons to designate one person as the driver and a person who will not be served ab's. These abo's should arrange with the TPD for periodic educational program for ab servers, and the outlets should have available for sale, breath analyzers to help pre- vent over-consumption and driving under the influence. 12. The fee associated with CUP's for abo's should cover the additional costs relative to processin~ this type of permit and to cover other City costs for ensuring conformance to the conditions of the CUP, both initial and subsequent. a. Part of this fee could be in the form of a substantial deposit of $1,000-$5,000, which could be refunded after one year of conforming operation, less any exceptional costs to the City in obtaining conformance.* b. Part of the fee could be directed to the TPD for its educational program for enforcing servers' awareness of 6onsu~ption amounts, signs of intoxication, etc. 13. Abo's muse operate so as not to be unusually detrimental to the public health, safety, welfare and tranquility. 14. No category of abo may have a higher ratio of outlets to the City population than the ratios for the County as a whole. *Consideration should be given to charging for Police Department service calls fn connection with "disturbing the peace" reports where alcoholic beverages are involved. PWC/JFM 1/19/87 -3- Prel{minary Draft Alcoholic Beverage Outlet Guidelines Specific Types of Business 1. Bars--No ~UP will be granted for either type 42 or type 48 bars (no food, no one under 21). These are not consistent with community standards for land use. (health, safety, welfare) 2. Liquor Stores--No CUP will be issued for liquor stores. These are not consistent with community standards for land use. a. Existing liquor stores--Should be allowed to sell only ab's and non-drug related items. ~o not allow sales of drug paraphernalia, drug magazines, clove cigarettes, etc. 3. Motor Vehicle Fuel--No CUP will be granted for any establish- ment which sells motor vehicle fuel. a. Existing locations--Should not be allowed to advertise ab's outside or in the windows of the establishment; not allowed to sell cold beer; not allowed to sell single serving size containers of ab's, i.e. 12-14 oz. or less. 4. Drive-thru's--No CUP will be granted for drive-thru businesses. 5. Convenience Stores--Ab's must be a minor part of the business, as determined by'fi~or space, such that ab's may not occupy more than 1/25th*of total sales floor space. Print advertising must limit promotion of ab's to 1/25th of total space. No advertising permitted outside the building or in windows of the establishment itself; may not sell cold beer; and may not sell single serving size containers of ab's. 6. Grocery/Supermarkets--Ab's must be a minor part of the busi- ness as determined by floor space, such that ab's may not occupy more than 1/25th of total sales floor space. Print advertising must limit promotion of ab's to 1/25th of total space. No window advertising or outside displays of ab's. No sales of cold beer. Ab's must be located in that 1/2 of the store that is located away from customer entrances and exits. 7. Drug Stores--Same requirements as for Supermarkets above. *Note: Wherever 1/25th appears this could be changed to 5%. -4- 8. Restaurants*-No separate bar area preferably. If such an area were to be granted, it should be no more ~han 1/10th of total customer floor space and must cease operation by 10~00 pm. As pointed out in the General sections, restaur- ants may, however, continue to serve ab's in their normal dining area until midnight. 9. Lodging--Establishments of this type which plan to operate a restaurant(s) as an integral part of its lodging building and serve ab's, come under the conditions given above for restaurants. Consideration may be given to permitting the operation of one bar/cocktail lounge on premises, with a closing time of midnight. 8a.Restaurant bar areas are not to be tg%ally closed off and separate from the dining area, nor should they be on a sepa- rate level. (Applications for any such separate areas would be considered as type 48 bars and not as part of the restaurant.) 8b. If the dining area closes or stops serving food, then any bar area should also close. PWC/JFM 1/19/97 Planning Commission DATE: MARCH 9, 1987 SUBJECT: TUSTTN HEIGHTS SHOPPTNG CENTER/DRIYEYAY OPPOSZT£ OLD IRYINE BLVD. DISCUSSION: At the last Commission meettng, Commissioner Baker requested a status report on the driveway condition and Intersection re-alignment at the Tusttn Heights Shopptng Center. Thts center ts located on Irvtne Blvd. between Nowport Ave. and Redhtll with 1ts n~ln entrance across from the Old Irvtne/Irvtne Blvd. intersection. There has been a project proposed for this area which would alter the drive entrance to be in line with Old Irvtne, to relocate traffic signal standards, and to reconfigure the drive approach eliminating the severe angle of the drive apron. An agreement between the property owner and the city has been reached whereby the city will be funding public improvement costs and the owner will be responsible for on-site renovation.- The project is scheduled to commence sometime in February but all final details have yet to be completed. At this time the property owner has been requested to submit a work schedule and the city is awa!ting response. Upon establishment of f4rm time tables the Commission will be updated on project status. JD:do CHRISTINE SHINGLET , Director of Community Devel opment ~-,, Community Development Department Report to the Planning Commission I)ATE: lqNICH 9, 1987 SUBOECT: LANDSCAPE DEVELOPIqENT ~rANDARDS ITEM 6 RECOI~E#DAT[ON: It is recommended that the Planntng Commission recetve, comment and ftle. BACKGROUND: In order to minimize confusion tn communicating design review requirements for landscaping and irrigation with applicants and to ensure installation of high quality landscaping within the City, Community Development Department staff have developed a document entitled !'Landscaping and Irrigation Submittal Requirements". The draft document includes: minimum planting/irrigation standards submittal requirements - a suggested list of plant materials Staff is also currently preparing typical site examples or details displaying the standards contained in the draft' document. These details will be attached to any final version of the document. Please review the attached document and provide any comments. Thank you. CHR I STT~E~ ~jh [ NGLI~TO N,// Director of Community' Development PM:do COmmunity Development Department LANDSCAPZNG AND ZRRTGATTON SOI)Mill'Al. REQUIREMENTS CITY OF TUSTIN COMMUNITY DEVELOPMENT DEPARTMENT FEBRUARY 1987 CI'Ff OF 'PJSTIN DEPART)lENT OF CO~INU#ITY DEVELOPNE#T LANDSCAPE AND IRRIGATION PLANS LANDSCAPE DEVELOPMENT STANDARDS GENERAL Landscaping generally* refers to planted areas on the property and within the public right-of-way and includes trees, shrubs, ground covers, decorative paving, water features, walls, lighting, street furniture, berming, and irrigation systems. Existing, mature landscaping should be preserved and Incorporated into the ultimate design. Landscaping should be designed as an integral part of the complete site. Select the type, quantity, and placement of plant material for structure color, texture, and ultimate growth pattern. Keep in mind that all materials should be a compatible part of the stte design to enhance the site and architecture. The following design review objectives shall be taken into consideration in preparing landscape and irrigation plans: ¸3. Buffer and screen service, loading, mechanical equipment and parking areas from public right-of-way and adjacent properties. Promote proper vehicular and pedestrian circulation, paving and lighting, creating a safe and pleasant environment. Consider local topographic and climate restrictions and proper irrigation, drainage and maintenance. Complement and highlight the architectural design elements of the structures on the site, such as architectural style, color scheme and textures, etc. Establish compatibility with the character of adjacent landscaping, provided that the quality of such landscaping meets the above standards. Create an aesthetically pleasing development utilizing a combination of trees, shrubs, vines, annual color, ground cover and turf. A blend of integration of materials should be achieved throughout the landscape design eventhough.each part serves a different function. The use of drought tolerant materials, including California native plants is encouraged. Annual color should be incorporated into projects on highly visible and common areas. Color should not be limited to annuals. Careful selection of flowering trees and shrubs to provide seasonal color all year. The use of evergreen and deciduous plant material, bark color, seeds and fruit that persist, can provide additional color to landscaping. page t~o it,. MINIMUM STANDARDS 1. Plant Hat. rials Turf is unacceptable for grades over 25%. A combination of materials shall be used. Ground cover alone is not acceptable. Select material for Agricultural suitability i.e., soils, water and sun conditions· Provide a minimum of one 24" box tree per 30 lineal feet of street frontage. (Need not be spaced @ 30' o.c.) and 6 - 5 gallon shrubs per 25 lineal feet of street frontages or a combination of 3 - 5 gallon and l0 - 1 gallon shrubs. Ce Provide one 15 gallon size tree for every 30 lineal feet of property line on the property perimeter and 5 - 5 gallon shrubs. Any perimeter parking lot trees shall be planted in planter of sufficient width to provide 2 1/2 ft. min. clearance for vehicle overhand. de Provide one 15 gallon tree for each 5 parking stalls within the Parking lot and 5 - 5 gallon shrubs per 25 lineal feet of parking lot area. e. In single family development, provide one 24" box tree per lot. fJ In multiple fami. ly developments, provide one 24" box for each units. In addition to the required street trees, provide one tree per 250 S.F. of landscaped area. 30% of all trees shall be 24" box trees or larger. Provide landscaping adjacent to structures on site including one 15 gallon tree for every lineal foot of exterior wall. (Need not be spaced ~ 30' o.co) Required landscaped yard or setback areas shall not be construed as satisfying any portion of the landscaped area. At least 5% of any parking lot area and any additional portion not actually used for movement and parking of vehicles shall be landscaped with trees, shrubs and groundcover. k. All newly planted trees shall be staked according to City standards. 1. Shrubs .shall be a minimum 5 gallon size and shall be spaced a minimum of 5' o.c. when intended as a screen planting. page three m. Ground covers shall be planted between 8 to 12 inches on center. n. When 1 gallon plant sizes are used, the spacing may vary according to the materials used. Oa qa re Wa Along fences or walls, including refuse storage and equipment areas, provide landscape screening with shrubs, and/or vines and trees. Buffer parking areas with a 30" minimum height buffer {30" maximum at driveway access points to preclude restriction of visibility). This buffer may be achieved with a shrub screen, a berm, or a combination of these two elements. Provide turf or ground cover in private parkways and in perimeter landscaping. All plant materials shall be installed in a healthy, vigorous condition typical to the species. Landscaping shall be enclosed by minimum six inch high concrete curbs. Maintain landscaping in a neat and healthy condition. This will include but not be limited to: trimming, mowing, weeding, removal of litter, fertilizing, regular watering, and replacement of diseased or dead plants. Select and locate plant materials to promote water and energy conservation. Restrict trees on south facing slopes to types that will be no taller than buildings at maturity. All landscape areas shall be adequately maintained. Any unused space resulting from design of a parking area shall be landscaped. 2. Irrigation All.landscaped areas shall be provided with a permanent and adequate means of irrigation which is adequately maintained. be Backflow preventions shall be provided including screening for backflow prevention units. c. Enclose controller in lockable housing. d. Design system to provide sufficient coverage avoiding water overspray on buildings and sidewalks. page four II.- LANDSCAPE AMD IRRIGATION SUBMITTAL REOUlRF. IqENTS A. I#ITIAL SUBMIITAL REQUIREMENTS The applicant shall submit to the Department the following items: 1. 2. 3. 7. Provide an itemized construction cost estimate. City of Tustin, Community Development Three sets of landscape plans. Irrigation design calculations (worst case only at each p.o.c.) One copy of agronomic soils report and recommended specification. (One test sample per 4 acres) One set irrigation plans approved and signed by IRWD (Irvine Ranch Water District) if IRWD is to be water source. Grading plans if landscape grades are not included as a portion of the landscape plans. Identification of landscape amenities. B. GENERAL REQUIRE]qEMTS, '2. 3. 4. 5. 6. 7. All materials to be submitted in final form. submittals will be accepted. Plans must be landscape architect. No partial or incomplete signed by a registered Plan scale shall be not less than 1'-30'-0". North arrow and scale shall be shown on each sheet. Match lines clearly shown and labeled on each sheet. Street names clearly called out on each sheet. Note any existing easements including restrictions. Clearly denote right of way lines and indicate areas of city maintenance or to be maintained by others. 8. Landscaping and irrigation shall be installed and, maintained in accordance with the approved landscaping plan. Revisions made on plans after city approval shall be submitted to city for subsequent approval and noted on title sheets prior to implementation. 10. Plan should show the calculated percentage of on-site landscaping'. page five C. SPECIFIC REQUIREMENTS 1. Title Sheet ae Vicinity map showing street names, match lines, north arrow, tract boundart es. b. Index of sheets. c. Title block with project title, address and tract number. d. Owner/developer and project manager's name, address and phone number. e. Landscape architect's firm name, address, phone number, date prepared, and signature and professional seal. f. General notes shall be affixed to plans, as applicable, including but not limited to: (1) Grading standards: sidewalk max 8.3% turf max 4:1 ground cover max 2:1 (2) Owner shall provide a two-year tree bond as a warranty for trees planted within the right of way and city maintained areas. (3) No trees shall be planted within sewer and water easements. (4) All trees shall be planted a minimum of 5' from right of way line. (s) Contractor shall notify the City of Tusttn Community Development Department 48 hours (two working days) prior to required inspections at (714) 544-8890 ext. 250. Required inspections include: - prior to pre construction meeting - prior to backfilling the irrigation system - landscape grading final prior to planting - pre-maintenance to be attended by owner's representative, landscape sub contractor and city representative - final inspection (6) The developer shall provide full landscape maintenance of all landscape areas for a minimum of 90 days after initial city acceptance of project. plan six (7) SpecifY pre-emergent weed controls to be applied by a State Licensed Operator. Planting ae de ee Show location of exiSting plant material to remain. Indicated type, size and count of all proposed plant materials. Provide a plant legend on each sheet if ~ymbols are used. The plant legend shall specify the type and spacing of ground cover, including turf and hydroseed mix, if applicable. note: plant legend shall include identifying symbol, botanical and common name, qualities, quantities, sizes, and special remarks. Provide planting details; specify soil mixture, fertilizer and other special material requirements. Indicate 6" curb where required. The footprint of buildings, walls/fences shall be shown where immediately adjacent to landscape areas. Location of electrtcal,'iplumbing or other mechanical equipment and how it will be screened. Irrf g&tt on (a) Point of Including: (2) (3) (4) (5) (b) (c) connection information for each irrigation system Source (portable or reclaimed) water meter location and size. Available water pressure. Peak flow meter (GPM) Detail backflow unit (See detail E) Finished grade at backflow preventer and highest head served (portable water only) Standard notes and information as required by IRWD for systems using reclaimed water. Plans must be reviewed and signed by IRWD. Provide legend showing all pertinent data (specifications) for materials used in system design, i.e. controller valves backflow PVC hose bibbs and/or quick couplers sprinkler heads (p.s.i., G.P.M., radius, manufacturer, model number) page seven (d) The footprint of bu~ldtng and walls shall be shown where adjacent to irrigated areas. Grading (a) Provide grades of the following: {1) Finished floor on buildings. (2) Top of curbs/top of slopes/top of retaining walls {3) Catch basin and flow lines. (b) Show contours (c) Show drainage devices where applicable. (d) Show typical sections as necessary to depict final grade in extreme situations, i.e. transitions between slope and flat, planting details on slope, retaining walls. Bardscape Amenities This section includes paving, walls, fencing, water features, lighting, and street furniture. 1. Pedestrian circulation, access and paving shall be detailed as to texture, materials and color. 2. Show construction-dimensions on plans. 3. Call out, specify, and detail all landscape materials to be used. 4. Items not of custom design to be indicated with manufacturers' name and number. 5. Detail treatment of all walls and fences and trash enclosures. All walls or fences over 3'0" in height shall be accompanied by engineer's calculations. All trash enclosures shall be gated with solid self-mounting gates. B. SUBSEQUENT SUBMIllALS The applicant shall submit to the city two sets of corrected plans and redlined copies from previous submittals. APPROVAL The applicant shall submit the following items when plans are ready for final city approval. page eight Three sets of corrected landscape plans (one to be held for city records, one to be released with permit and be held at construction site. One to be released to applicant) A bond for landscape completion shall be submitted by owner. A bond shall be submitted by the owner for a warranty of trees to be planted within the right of way and city maintained areas. The bond shall be effective for a period of no less than two years from the date of final acceptance. F. PRXOR TO RELEASE OF BONDS AMD ACCEPTANCE OF WORK III. A. The applicnt shall submit the following material: 1. One set "record plans" showing completed landscape and irrigation installation. SUGGESTED LIST OF PLAN MATERIALS GENERAL Proposed plant materials shall relate to the architectural and site design elements based on the chractertsttcs of the plant groups to assure compatibility with the site improvements. Please find attached a list of acceptable and unacceptable plant materials. The list is provided as an example only. Plant materials not included on the list may be considered providing materials meet the horticultural criteria necessary for optimum growth and adaptability to soil conditions. TREES 1. Street Trees Specific streets in Tustin may have a designated species of tree. Contact the Maintenance Department at 544-8890. Agonts Flexuosa/Peppermtnt tree *Calodendron Capense/Cape Chestnut Ceratonia Seliqua/Carob tree (female only) *Ctnnamemum Camphora/Camphor tree Cupaniopsts Anacardioides/Carrotwood tree Eucalyptus Citriodora/Lemon Scented Gum Eucalyptus Ficifolia/Red Flowering Gum Eucalyptus Leucoxylon/Large Fruit Red Flowering Gum Eucalyptus Nicholii/Peppermint Gum Eucalyptus Polyanthemos/Silver Dollar Gum *Ficus Nitida or Retusa/Indian Laurel ** Koelreuteria Paniculata/Goldenrain tree Larus Nobilus/ Lagerstruemia Indica/Crepe Myrtle Ligustrum Lucidum/Glossy Privet *must have root barrier installed if within 5 feet of a building or paved area. ***regular growth must be trimmed extens)vely. page nine *Llquldambar Styraclflua/Amertcan Sweet Gum Llrtodendron Tullpidera/Tultp tree Magnolia Grandiflora/ Melaleuca Ltnarifolta/Flaxleaf Paperbark Melaleuca Quinquenervia/Cajeput tree *Platanus Acertfolia/London Plane tree Pinus Canariensis/Canary Island Pine Plnus Pinea/Italian Stone Pine Prunus Pissardi/Purple Leaf Plum Pyrus Calleryana/Bradford Pear Quercus Ilex/Cork Oak Rhus Lancta/African Sumac Trtstanta Conperta/Brisbane Box 2. Acceptable for Sl~e Use Acacia Melanoxylon/Blackwood *Alnus Rhombifolia/White Alder Arbutus Unedo/Strawberry tree Eriobotrya Deflexa/Loquat Feijoa Sellowianwa/Pineapple Guava Platanus Racemosa/California Sycamore Pinus Halepensis/Allepo Pine *** * must have root barrier installed if within 5 feet of a building or a paved area. ** must be deep watered *** regular growth but must be trimmed extensively 3. Trees not 1~ be used vt~htn publtc right of way. Fraxtnus (species) Grevtllia Robusta/ Myoporum Laetum Nerium Oleander/Oleander Olea Europa/Olive Populus (species) Zelkova C. SHRUBS Abelia Grandiflora/ Agapanthus Africanus/ Carissa (species) Ceanothus (species) Chrysanthemum Frutescens Cistus (species) Rockrose Cytisus Racemosus Dodonea Viscosa Eatium Fastuosom Eleagnus Pungens ***regular growth must be trimmed extensively *must have root barrier installed if within 5 feet of building or paved area **must be deep watered page ten Escallonia Fradesi Hemerocallis Juniper (species) Lantana Ligustrum Limonium Perezii (statice) Mahonia (species) Myrtus Communis (True Myrtle) Nandina Domestica/Heavenly Bamboo Photinta Pittosporum (species) Raphiolepis {species) Tecomaria Cadenis/¢ape Honeysuckle Thevettta Peruviana/Yellow Oleander Viburnum (species) Xylosma Congestum Do GROUND COVERS Acacia Redolens Prostrata/Prostrate Acacia Baccharis Twin Peaks Type II/Prostrate Coyote Bush Bouganvilla (species) Carissa Grandiflora 'Turtle' Ceanothus (species) Cotoneaster 'Lowfast' Gazania (species) Hedera (species) * Juniper (species) Lobularia Maritima/Sweet Alyssum Lonicera Japonica Halliana Myoporum Pacfica or Parvifollium/N.C.N Pelargontum Peltatum/Geranium Rosmartnus Offictnalis 'Prostratus'/Prostrate Rosmary Trtfolium Fragtferum/O'Conner's Legume Turf Bermuda Grasses/Hybrid Fiscues VX#ES Bigonia/Trumpet Vine Bouganvilla (species) Clemantts Armandtt/Evergreen Clemantis Poxantha Ungus-Catt/Cats Claw Ficus Repens/Creeping Fig Gelsemium Sempervirins/Carolina Jasmine Parthenocissus Tricuspidata/Boston Ivy * This is overused and can create a monotonous visual appearance. The aggressive habit of this plant and its buildup of a woody understructure which is an attractive rodent habitat should omit its use. Planning Commission DATE: SUBJECT: MARCH 9, 1987 REPORT ON COUNCIL ACTZONS - March 2, 1987 Oral presentatt on. do Attachments: City Counctl Action Agenda - March 2, 1987 Community Development Department ACTION A~ENDA OF A REGUIJ~R I~ETING OF 'I)IE TUSTIN CITY COUNCIL MARCH 2, 1987 7:00 P.M. 7:01 Pl~ I. CALL TO ORDER SELECTED EOGAR II. REORGANIZATION OF THE CITY COUNCIL AS RIkYOR; KENNEDY AS I~YOR PRO TEN SALTARELLI RESIGNED AS COUNCILMAN EFFECTIVE NEXT MONTH III. PUBLIC HEARING AOOPTEO RES. NO. 87-27 INCREASES IN PLANNING FEES - RESOLUTION NO. 87-27 RESOLUTION NO. 87-27 - A RESOLUTION OF THE CITY COUNCIL OF TIlE CITY OF TUSTIN, CALIFORNIA, ESTABLISHING PLANNING RELATED FEES AND SER- VICE CHARGES IV. PUBLIC INPUT V. CONSENT CALENDAR APPROVED' 1. ~PROVEO 2. APPROVED STAFF 3. RECOI~IENOATION APPROVED STAFF 4. RECOMNENOATION AOOPTEO RESOLUTION 5. NO. 87-31 APPROVAL OF MINUTES - FEBRUARY 17,~ 1987, ADJOURNED REGULAR MEETING APPROVAL OF DEMANDS IN THE AMOUNT OF $559,509.13 RATIFICATION OF PAYROLL IN THE AMOUNT OF $172,31'7.84 CONSULTANT AGREEMENT FOR CONSTRUCTION STAKING FOR 17TH STREET IMPROVEMENTS, AHFP NO. 1173 Approve selection of Norris-Repke, Inc., for professional ser- vices for construction staking for AHFP Project No. 1173, 17th Street from Route 55 Freeway to Prospect Avenue, for a fee not to exceed $7,500; and authorize the Mayor and City Clerk to exe- cute a consultant agreement subject to final approval by the City Attorney, as recommended by the Public Works Department/En- gineering Division. ACCEPTANCE OF PUBLIC IMPROVEMENTS & RELEASE OF BONDS - PARCEL MAP NO. 84-1031 (South of Walnut Avenue, between Franklin Avenue and future Tustin Ranch Road; Subdivision Initiated by Albert Auer) Accept public improvements constructed within Parcel Map No. 84-1031 and authorize release of the following: Faithful Per- formance Bond No. FB005245 ($43,700); Labor and Materials Bond No. FB005245 ($21,850); and Monumentation Bond No. FB005247 ($2,000) as recommended by the Public Works Department/ Engineering Division. RESOLUTION NO. 87-31 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TUSTIN ACCEPTING WORKS OF IMPROVEMENTS AND AUTHORIZING RECORDA- TION OF NOTICE OF COMPLETION FOR STREET IMPROVEMENTS ALONG BRYAN AVENUE AND BROWNING AVENUE - ASSESSMENT DISTRICT NO. 85-1 (PHASE II) Adopt Resolution No. 87-31; and assuming no claims or stop pay- ment notices are filed, authorize payment of final 10% retention amount (Sully-Miller Contracting Company - $58,925.52) 30 days after date of recordation of Notice of Completion as recom- mended by the Public Works Department/Engineering Division. CITY COUNCIL ACTION AGENDA Page I 3-2-87 ADOPTED RESOLUTION NO. 87-33 RESOLUTION NO. 87-33 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TUSTIN, CALIFORNIA, APPROVING PLANS AND SPECIFICATIONS FOR IMPROVEMENT OF "A" STREET BETWEEN MAIN STREET AND SECOND STREET Adopt Resolution No. 87-33 as recommended by the Public Works Department/Engineering Division. AOOPTED RESOLUTION NO. 87-32 7. RESOLUTION NO. 87-32 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TUSTIN, CALIFORNIA, APPROVING SPECIFICATIONS FOR MAINTENANCE OF TRAFFIC SIGNALS AND AUTHORIZING ADVERTISEMENT FOR BIDS Adopt Resolution No. 87-32 as recommended by the Public Works Department/Engineering Division. AOOPTEO RESOLUTION NO. 87-30 RESOLUTION NO. 87-30 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TUSTIN, CALIFORNIA, CONFIRMING THE APPLICATION OF THE MASTER PROPERTY TAX TRANSFER AGREEMENT TO THE PROPOSEO LA COLINA/BROWNING ANNEXATION NO. 140 Adopt Resolution No. 87-30 as recommended by the Community Development Department. VI. ORDINANCES FOR INTRODUCTION - None. VII. ORDINANCES FOR A&)OPTION - None. VIII. OLD BUSINESS - None. IX. NEW BUSINESS ,,PPROVED STAFF RECO~I~ENOATION 1. AWARD OF BID - RANCHWOOD STORM DRAIN FO7P08 (AD 85-1, PROj. NO. 13) Recommendation: Award the contract for subject project to K.E.C. Company, Corona, in the amount of $317,747.00 as recommended by the Public Works Department/Engineering Division. APPROVED STAFF RECOI~ENOATION 2. CONSULTANT AGREEMENT FOR DESIGN OF PROJECTS NO. 16, 17, 18, 19, 20 AND 24 WATER MAIN REPLACEMENTS Recommendation: Approve selection of Norris-Repke, Inc., for pro- fessional services for design of Water Main Replacement Projects No. 16, 17, 18, 19, 20 and 24 at a fixed fee of $11,500; and autho= rize the Mayor and City Clerk to execute a Consultant Agreement sub-~ ject to final approval of the City Attorney as recommended by the Public Works Department/Engineering Division. APPROVEO STAFF RECOI'~IENOATION 3. REFINANCING OF WATER LEASE-REVENUE BONDS Recommendation: Authorize staff to proceed with steps required to refinance all or a portion of the City's outstanding lease-revenue water bonds if financially feasible as recommended by the City Manager. ABATED RESOLUTION NO. 4. PROPOSED ANNEXATION NO. 140 - LA COLINA/BROWNING - RESOLUTION NO. 87-29 RESOLUTION NO. 87-29 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TUSTIN, CALIFORNIA, MAKING APPLICATION FOR THE ANNEXATION OF TERRITORY KNOWN AS LA COLINA/BROWNING ANNEXATION NO. 140 Recommendation: Adopt Resolution No. 87-29 as recommended by the Community Development Department. CITY COUNCIL ACTION AGENDA Page 2 3-2-87 ADOPTED RESOLUTTOII NO. 5. 87-34 Xe PROPOSED ANNEXATION NO. 142 - LA COLINA/BEVERLY GLEN DRIVE - RESOLU- TION NO. 87-34 RESOLUTION NO. 87-34 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TUSTIN, CALIFORNIA, MAKING APPLICATION FOR THE ANNEXATION OF TERRITORY KNOWN AS LA COLINA/BEVERLY GLEN ANNEXATION NO. 142 Recommendation: Adopt Resolution No. 87-34 as recommended by the Community Development Department. REPORTS RATIFIED 1. RECEIVED & FILED 2. AGENDIZE FOR ~ETING OF mARCH 16TH PLANNING COMMISSION ACTIONS - FEBRUARY 23, 1987 Alt actions of the Planning Commission become final unless appealed by the City Council or member of the public. Recommendation: Ratify the Planning Commission Action Agenda of February 23, 1987. TUSTIN AREA SENIOR CENTER: FUND RAISING CAMPAIGN READINESS ASSESS- MENT REPORT Recommendation: Pleasure of the City Council. ,AFF TO SEIki) XI. OTHER BUSINESS LETTER OF CONGRATULATIONS TO THE 1USTIN HIGH SCHOOL BASKETBALL TERM; FORMER I~YORS GREINKE, COCO, AND CHARLTON M~RE RECOGNIZED. KELLY SUGGESTED THAT THE STREETS IN EAST TUSTIN BE NAMED FOR SOIqE OF THE GREAT TUSTIN FAHILIES. HE SUGGESTED THAT THE HISTORICAL SOCIETY NIGHT TAKE ON THE TASK. 7:46 i~! XII. ADJOURNMENT To the next Regular Meeting on March 16, 1987, at 7:00 p.m. CITY COUNCIL ACTION AGENDA Page 3 3-2-87 ACTION AGENDA OF A REGULAR MEETING OF THE 1USTIN REDEVELOPMENT AGENCY MARCH 2, 1987 7:00 P.M. 7:45 P~ 1. CALL TO ORDER ALL PRESENT 2. ROLL CALL APPROVED 3. APPROVAL OF MINUTES - FEBRUARY 17, 1987, ADJOURNED REGULAR MEETING Recommendation: Approve. APPROVED STAFF 4. RECOI~ENDATION REFINANCING OF TAX ALLOCATION BONDS Recommendation: Authorize staff to proceed with the steps required to refinance all or a portion of the Agency's outstanding tax allocation bonds and issue additional bonds for public projects as recommended by the Executive Director. NONE 5. OTHER BUSINESS 7:46 IM 6. ADJOURNMENT TO the next Regular Meeting on March 16, 1987, at 7:00 p.m. REDEVELOPMENT AGENCY ACTION AGENDA Page i ' 3-2-87