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HomeMy WebLinkAboutRPT 1 P.C. ACT AGENDA 03-02-87 AGENDA TUSTIN PLANNING CO)~qISSlON REGULAR MEETING FEBRUARY 23, 1987 REPORTS NO. 1 3-2-87 CAlL TO ORDER: 7:33 p.m., City Council Chambers PLEDGE OF ALLEGIANCE/INVOCATION ROLL CALL: PUBLIC CONCERNS: Present: Puckett, Well, Baker, Pontious Absent: LeOeune (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. None. 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 9, 1987 Planning Commission Meeting. 2. PERMIT TO OPERATE A LARGE FAJ~ILY DAY CARE HOME 1651Copperfield Drive, Nancy Hormuth Commissioner Weil moved, Baker seconded to approve the Consent Calendar. carried 4-0. ~ott on PUBLIC HEARINGS e Applicant: Locati on: Request: USE PERMIT 87-3 Presentation: RESOLUTION NO. 2390: 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. RECOMMENDED ACTION: APPROVE USE PERMIT NO. 87-3 BY THE ADOPTION OF RESOLUTION NO. 2390. Comatssloner Well moved, Ponttous seconded to approve Use Permit 87-3 by the adoption of Resolution 2390. Motion carried 4-0. Planning Commission Agenda February 23, 1987 page two 4. USE PERMIT 87-4 Applicant: Location: Request: Spoons Tustin Plaza, 13741 Newport Authorization for an on-site beer, wine and distilled spirits license in conjunction with a restaurant use (license type 47) Presentation: RESOLUTION NO. 2391: Jeffrey S. Davis, Senior Planner 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. Co, missioner Well moved, Pontlous seconded to approve Use Per,dr 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. I TO USE PERMIT 85-9 Applicant: Location: Request: Carver Development Tustin Plaza office/retail sites westerly side of Newport Avenue between Main Street and E1 Camino 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 RESOLUTION 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 13741 NEWPORT AVENUE. RECOMMENDATION: ADOPT RESOLUTION NO. 2392 AMENDING THE DEVELOPMENT PLAN APPROVED BY USE PERMIT 85-9 AUTHORIZING IMPLEMENTATION OF A SHARED PARKING PLAN FOR A FREESTANDING RESTAURANT. Co,missioner Baker moved, Well seconded to approve Amendment No. I to Use Petit 85-9 by the adoptton of Resolution 2392 wtth amendments as reco~nended by staff. Hotlon carrted 4-0. OLD BUSINESS None. NEg BUSINESS None. STAFF CONCERNS 6. REPORT ON COUNCIL ACTIONS FEBRUARY 17, 1987 Presentation: Christine Shingleton, Director of Community Development Planning Commission Agenda February 23, 1986 page three COHMISSION CONCERNS Commissioner Baker questioned if any effort is being made to realign the intersection at Old Irvine and Ir~ine 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 siding at Magnolia Park. ADdOURI~qENT Commissioner Well moved, Baker seconded to adjourn to the next regularly scheduled Planning Com~sston meeting. Motion carried 4-0. AGENDA TUSTIN PLANNING COMFIISSION REGULAR NEE-rING FEBRUARY 23, 1987 CALL TO ORDER: 7:30 p.m., City Council Chambers PLEDGE OF ALLEGIANCE/INVOCATION ROLL CALL: Puckett, Wetl, Baker, Le Jeune, Pontious PUBLIC ~J)NCERNS: (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 9, 1987 Planning Commission Meeting. PERMIT TO OPERATE A LARGE FAMILY DAY CARE HOME 1651Copperfield Drive, Nancy Hormuth PUBLIC HEARINGS 3. USE PERMIT 87-3 Applicant: Location: Request: 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. Presentation: Laura Pickup, Assistant Planner RESOLUTION NO. 2390: A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF TUSTIN, AUTHORIZING INSTALLATION OF A MEDICAL CLINIC AND LABORATORY AT 2472 WALNUT AVENUE. RECOMMENDED ACTION: APPROVE USE PERMIT NO. 87-3 BY THE ADOPTION OF RESOLUTION NO. 2390. Planning Commission Agenda February 23, 1987 page two 4. USE PERMIT 87-4 Applicant: Location: Request: Spoons Tustin Plaza, 13741 Newport Authorization for an on-site beer, wine and distilled spirits license in conjunction with a restaurant use (license type 47) Presentation: Patrizla Materassi, 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. 5. AMENDMENT NO. 1 TO USE PERMIT 85-9 Applicant: Location: Request: Carver Development Tustin 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 RESOLUTION NO. 2392: A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF TUSTIN, AMENDING THE DEVELOPMENT PLAN APPROVED BY USE PERMIT 8S-9 AUTHORIZING SHARED PARKING FOR A FREESTANDING RESTAURANT AT 13741 NEWPORT AVENUE. RECOMMENDATION: ADOPT RESOLUTION NO. 2392 AMENDING THE DEVELOPMENT PLAN APPROVED BY USE PERMIT 85-9 AUTHORIZING IMPLEMENTATION OF A SHARED PARKING PLAN FOR A FREESTANDING RESTAURANT. OLD BUSINESS None. BUSINESS None. STAFF CONCERNS 6. REPORT ON COUNCIL ACTIONS FEBRUARY 17, 1987 Presentation: Christine Shingleton, Director of Community Development Planning Commission Agenda February 23, 1986 page three COMMISSION CONCERNS ADJOURI~IENT Adjourn to the next regularly scheduled Planning Commission meeting. MZNUTES TUSTZN PLANNTNG COI~4TSS~ON REGULAR MEETTNG FEBRUARY 9, 1987 CALL TO ORDER: 7:30 p.m., City Council Chambers PLEDGE OF ALLEGTANCE/TNYOCATION ROLL CALL: PUBLIC CONCERNS: None. CONSENT CALENDAR: Present: Puckett, Nei], Baker, Le Jeune, Ponttous 1. Mt nutes of January 26, 2987 Planntng Commission Meeting. Commissioner Well moved, Pontious second to approve. Hotton carried S-O. PUBLZC HEARINGS 2. USE PERMIT 87-1 Applicant: Enrico Ristorante de Italia Location: 14430 Newport Avenue Request: Authorization to sell beer and wine for on-site consumption in conjunction with a restaurant use. Presentation: Laura Pickup, Associate Planner RESOLUTION NO. 2388: A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF TUSTIN, AUTHORIZING A BEER AND WINE LICENSE FOR ON-SITE SALES AT 14430 NEWPORT AVENUE. RECOMMENDED ACTION: APPROVE USE PERMIT NO. 87-1 BY THE ADOPTION OF RESOLUTION NO. 2388. Laura Pickup informed the Commission this matter had been continued from their January 26th meeting. The project meets all outdoor seating requirements of the State ABC. Alcohol can only be served concurrently during the hours of food service. Should the restaurant be removed the use permit would be void. The Commission confirmed Parents Who Care had been notified of the project and questioned the hours of operation. Chairman Puckett opened the public hearing at 7:36 p.m. Laura Robinson, Enrico D'Italia Restaurant, requested the hours of operation in the use permit be changed to 11:00 a.m. to 11:00 p.m. as stated on the ABC application. Seeing no one further wishing to speak, Chairman Puckett closed the public hearing at 7:38 p.m. Commissioner Well moved, LeJeune seconded to approve Use Permit 87-1 by the adoption of Resolution 2388 with a change to II.B., "Alcoholic beverages shall be sold during the hours of 11:00 a.m. and 11:00 p.m. and only when food is concurrently sold." Motion carried 5-0. Planntng Commission Minutes February g, 1987 page two 3. USE PERMIT 87-2 Appllcant: Location: Request: Chantry Ltd. on behalf of Fat Freddies Mexican Diner 1571 E1Camino Real Authorlzatlon to tnsta11 a 100 square foot freeway Identification pole stgn. Presentation: Laura Pickup, Associate Planner RESOLUTION NO. 2389: A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF TUSTIN, AU~ORIZING A 46 FOOT HIGH, 100 SQUARE FOOT FREEWAY IDENTIFICATION POLE SIGN AT I571 EL CAMINO REAL RECOMMENDATION: PLEASURE OF THE COMMISSION. Laura Pt ckup tnformed the Commission this matter had been continued from their January 26th meetlng. The requested 46' high pole sign would replace an exlstfng stgn used by the former restaurant. The ~wo issues before the Commission are: 1) staff's concern with the prollferation of pole signs in the area; and 2) whether or not this pole stgn is necessary for the use intended. Chatrman Puckett opened the public hearing at 7:44 p.m. .Martin Taylor, Fat Freddtes, tnformed the Commission that the pole sign is needed for freeway visibility because the restaurant is behind the Sixpence Inn. Seeing no one further wtshlng to speak, Chairman Puckett closed the hearlng at 7:46 p.m. Commissioner Well favored reducing the visual clutter but agreed with applicant the sign is necessary for freeway identification. Commissioner Well moved, Baker se¢on'ded to approve Use Permit 87-2 by the adoption of Resolution No. 2389. Motion carried 5-0. OLD BUSINESS None. NEll BUSINESS DEVIATION FROM MASTER SIGN PLAN/TUSTIN PLAZA To permit the installation of two tenant identification signs which do not conform to the basic master sign plan approved for Tustin Plaza. Presentation: Jeff Davis, Senior Planner RECOMMENDATION: THE SIGNS PROPOSED BE MODIFIED TO CONFORM TO BASIC CRITERIA OF THE MASTER SIGN PLAN FOR TUSTIN PLAZA. Planning Commission Minutes February 9, 1987 page three Jeff Davis explained to the Commission before them is a packett submitted by Carver Development detailing the requested signs and colors and preclsely what the developer is requesting. Summery: the Tustin Plaza through a series of extensive design hearings and workshops was approved. There was a required Master Sign Plan prepared and approved. The plan called out a uniform letter type helvetica medium and a turquoise color. In an effort to balance the uniformity and harmony staff realized there was a need for deviation at specific locations. Staff is requiring the sign plan remain intact and that remaining tenants except for the Christmas Guild be required to retain the helvetica medium and turquoise. Jeff further reviewed other sign plans throughout the city pointing out similarities and variations to Carver's sign plan. Chairman Puckett invited the applicant to speak.. Klm Josephson, Carver Development, explained to the Commission Carver Development has attempted to conform with the sign plan, however, with the new tenants and their location it becomes infeasible for them to match the color and design of the center. The signs should be changed for two reasons: turquoise color is dull at night. It doesn't create a feeling of excitement in the center or curb appeal. The signs proposed promote excitement. He submitted pictures and samples of the proposed signs. It the signs were offensive Carver would not propose it. At night when the 'signs are lit the balance of the shopping center becomes invisible.- During the daytime the signs add to the facade. When the new restaurant is added it will further block.visibility to the interior of the center from the street. G. Alan Moll, Bltmpies, presented the Commission with a brochure on Blimpie's. ~li~ie's is a registered trademark, logo and colors. It is consistently applied to all merchandising and advertising materials. Under the trademark regulations they are required to be consistent with the trademark. They are meeting the requirements in every other respect. At night the sign is really only two colors yellow and red, the green merely enhances (t during the day. Ronald Peralez, Blimpie's owner, asked that the trademark sign be allowed in the center. The imege is as important as the product. The Blimpte's logo presents the readily recognizable image to the public. With the use of the logo they will add incremental customers to the store. As an individual operator it has been highly advantageous to be part of a mejor corporation with the exposure of their trademark and logo. Stanley Chin, Chin's Chinese Kitchen, explained that the colors red and orange are more visible, they are warm colors creating a more appetizing feeling. Chinese people believe the colors red and orange scare away evil' spirits and bring good luck. He further pointed out the structure of the building is uniform and needs more variation and individuality which can be achieved with the signage. He was also concerned with discrimination against the "little" guys because the larger companies have been allowed to use their trademarks and logos in their signage. Jeff Davis explained the center sign plan allows variation in signage according to location of the suite. The subject locations were selected by the tenants and they should have been aware of the sign requirements and restrictions. The issue is to make sure the color scheme is compatible with the building where they will be Planning Commission Minutes February g, 1987 page four installed. These tenants are looking for something that stands out as opposed to the trademarks. That isn't what the intent of the sign plan is; it is to promote uniformity and harmony in the center. Klm Josephson further commented that the turquoise signs are boring and it is different than what they thought they would end up with. The new colors are interesting especially at night. The center is unique, the signs would not be offensive and would add to the overall architecture of the center. He further emphasized color, logo and trademarks are probably the most important aspect of the business for recognition of their name. Commission and staff discussion ensued concerning less restrictive sign plans in other centers in the city, possible color variations of the proposed signs, visibility of businesses from the street, the possibility of other tenants requesting more colorful signs. Christine Shlngleton suggested a sign program with more variety be provided to future tenants. Staff will work with Carver Development to develop a new si~n plan. Commissioner LeJeune moved, Baker second to modify the Master Sign Plan for Tusttn Plaza and accepted the signs proposed by Carver on behalf of Blimpie's and Chin's. Motion carried 5-0. The Commission directed staff to work with Carver Development to develop a new sign plan for the center allowing more variety. PARKING ISSUES Per Council request, staff is awaiting more information from City's Traffic Engineer. Upon receipt staff will'report to the Commission. Presentation: Mary Ann Chamberlain, Associate Planner RECOMMENDATION: RECEIVE AND FILE. STAFF CONCERNS REPORT ON COUNCIL ACTIONS FEBRUARY 2, 1987 Presentation: Christine Shingleton, Director of Community Development CDMilIS$IOM CONCERNS Commissioner LeJeune was concerned with the weeds in the lot on E1Camino and 6th Street. He also questioned staff about the stgnage at Fremont Insurance on Yorba and if it was excessive for the area. Jeff Davis responded the monument sign is authorized and staff is pursuing removal of the awning sign which was installed without permits. The area iS considered professional office and a monument sign is allowed. Planning Commission Minutes February 9, 1987 page five Commissioner Well expressed concern with the thru-traffic in the parking lot at Fat Freddies. Laura Pickup informed the Commission she reminded the applicant to paint the curb and striping.to alleviate the problems. They will use a florescent paint that picks up light. Commissioner Baker was concerned with the appearance of the area between Larwin Square and the car wash on the corner of Main. Christine Shingleton informed him the property is a pending enforcement action. However, the property owner has been relatively unresponsive because of a potential pending sale on the property. Commissioner Baker further questioned excessive RV parking on front yards and in driveways. Laura Pickup informed Mr. Baker the City Council passed a new more restrictive ordinance regarding RV parking on the street, thus people more often are parking their RVs on their property. ADdOURI~qENT The Commission adjourned at 9:15 p.m. to their next regularly scheduled Planning Commission meeting on February 23, 1987. CHARLES E. PUCKETT, Chairman DONNA ORR, Recording Secretary ITEft NO. 2 I Plannin Commission' l APPLICANT: NANCY LEE HORMUTH 1651COPPERFIELD DRIVE OWNER: LOCATION: ZONING: REQUEST: TUSTIN, CA 92680 SAME AS APPLICANT 1651COPPERFIELD DRIVE R-l, SINGLE FAMILY RESIDENTIAL AUTHORIZATION TO OPERATE A LARGE FAMILY DAY CARE HOME RECOH~ENDAT~ON: Staff recommends that the Chairman inquire if any person in the audience wishes to submit a protest, and then accept-any protests submitted. If a protest is lodged, then the matter should be continued to the next regularly scheduled Commission meeting in order for staff to evaluate the protest. If a protest is not filed, the Commission by Minute Order should approve the subject application without further discussion. BACKGROUND: Section 9223-6 of the Tusttn Zoning Code established the requirements and standards for the operation of Large Family Day Care Homes. These homes may care for up to 12 children including their own children under the age of 12. A copy of that section of the code is attached to this repor't. DISCUSSION: Nancy Lee Hormuth has submitted a request to operate a Large Family Day Care Home. Inspections have been made at the subject address by the Planning and Fire Departments, and the site complies with all regulations. The California Government Code mandates that permits for these homes must be granted by the City unless a formal protest is made by a property owner within 100 feet of a proposed home. This protest must be based on one or more of the following adverse impacts~ noise, traffic, parking, concentration or spacing of ~ Community Development Department J Planning Commission Report Hormuth Day Care Home page two such homes. This is not an open public hearing; however, it is recommended that the Chairman inquire if any person in the audience wishes to submit a formal protest. All such protests should then be received as part of the public record. At the time of the writing of this report, no formal protests had been filed. MAC:do CRRISTINE ~HINGLE~, Director Community Development cornrnunity Development Department LARGE FAMILY DAY CARE FACILITY: 1651COPPERFIELD DR. -FACILITY LOCATION 'NORTH :SCALE: 1"-400' 9223 SIHGLE FAMILY RESIDENTIAL DISTinCT (R-l) a Permit~i Uses ~ Develop~n~ ~ ~ Si~te F-rally ~de~l ~i~ ~-1) none bu~ ~e fo~o~ ~, or ~s wMch ~ ~ op~on ~ ~e ~ Commission ~ ~mil~, ~ be ~low~, subj~ to ~e ~t~ ~ of ~i~ ~p~. 1. S~I f~mily ~~ ~ ~ ~ d lo~ (i) ~.~ ~ ~ b~dln~ o~y ff co~ ~~ly ~ or mb~u~n~ m the ~i~ ~ on ~s ~s 1~. (a) ~ h~i~ ~0 f~ ~) ~i~i~,,~ 1~ ~d~ ~ ~ l~e: ~ f~ on ~sa~ a~ ~ I~ (~ Mi~im~ ~ y~ ~b~ ~0 f~ (e) Mini~,,~ 3. ~ ~ no~lly ~den~ to ~gle f, mily ~mdenc~. ~is is not ~ be ~u~ ~ ~g ~y ~e~ ~) Mi~i~,,~ ~ y~ ~tba~ I f~t except 5 f~t re~ on ~ ~ley ~: 7~ LU-24 TUSTIN CITY CODE ZONING 9223a4 4. Day care homes for chilclren. (Or~ No. 563) 5.. Home occupations in a__~o_r~nce with this Chap~r. (Ord. No. 330, Sec. 2a) 6. ~ f~mily day ~ homes, caring for seven (7) to twelve (12) e-hilclren subject to the i'ollowing resatla~ions: ;s_ Prior to commencement of operation of any large family day care home, the applicant for a permit shall complete and submit an application to the comrnu- nity development department, lnf,~A-,,,~t;ion provided on the permit shall incltlde: Nam~ of operator;, address of the home; and a list of property o.aers within 100 feet of the proposed day care home. b. Lar~ }~=mily day care homes shall be operated in a manner not exceeSin~ the noise levels in the Tttstin Noise Or~in=-ce, nor shall such day care homes be allowed to operate in a ma~er that would collatitute a ntlisanco to neighboring A permit sh.ll not be ~anted for a large day care home that would be es~ab- llshed within 300 feet of any e:xiat'hlg licel3~ed large f~rnily day care home. ch All pl-opel-ty owllel~ withi~ 100 feet of a proposed large faroily .day cllre home sh~ll be notified of the intent to establish such a home. e. If any written prot_,~_ a~.in.~ permit issuance is received from any property v,euer wi~.hln 100 feet of the proposed home, a hearing shall be conducted by the pl.nnln~ Comr-lssion. Based on testimony presented during the hearing per- ~iniT~ to noise, franc, parlrlng, concentration or spacin~ of such homes, the pl.,~,~i,~ Co,~mi~ion sh,~ll approve or deny the request for a large f2mily day care home. '£ Any day care home must comply with all regulations adopted and enforced by the State Fire Mar. h-1 and Oranse Cotmty Fire Department. The rear yard of the hOme must be enclosed by a minimum six-foot high fence. h. The pl~,~,~i,~ commi'~ion sh.ll not 8rant a permit for a large f~mily day care home for any location that has on the property a ,w;mmln~ pool as defined by Section 102 of the Uniform Swlmmi,,~ Pool Code, as adoptech i. Hot. hln~ co~l~ined in the provisions of this amendment shall preclude the revo- cation for cause of any permit ~'anted for a large family day care home following proceedin8~ conducted by the l~n-l-l~ Commi-~ion to determine if salcl u~e is operated in a ma,~,~er detrimental to the health, safety' or welfare of the commu- nity or surrounalng property. (Ord. No. 911, Sec. 3, 5-21-84) Conditionally P~r,,,it;ted Uses and Development Sta~rt.,~ks Second single family structure when lot area is rn{nlrnttm o~ 12,000 sq--~e feet, (a) M.~ir.,~m height: 30 feet (b) Minimnm buil~ling site: L?,,000 square feet (c) Minim,~m lot width at property line: Corner lot 70 feet; Interior lot 60 feet. (d) Ma-rlm,~m lot coverage: 40 percent LU-2-9 Repor 'Plannin Commission DATE: FEBRUARY 23, 1987 ITEM NO. 3 SUBJECT: USE PEP. HIT 87-3 APPLICANT: HR. JOSEPH MICEIO ON BEHALF OF CONTINENTAL HEALTH MANAGEMENT SYSTEMS, INC. 1426 N. BURTON PLACE ANAHEIR, CA 92806 PROPERTY OWNER: TUSTIN CORPORATE CENTER 3300 IRVINE AVENUE t 100 NEWPORT BEACH, CA 92660 LOCATION: 2472 WALNUT AVENUE ZONING: PC-C: PLANNED COMMUNITY COI~IERCIAL ENVIRONi4ENTAL STATUS: CATEGORICALLY EXEMPT (CLASS 1) REQUEST: AUTHORIZATION TO INSTALL A MEDICAL CLINIC AND LABORATORY IN All EXISTING 27,622 GROSS SQUARE FOOT BUILOING AT 2472 WALNUT AVENUE RECOMMENDATION: It is recommended that the Planning Commission approve Use Permit No. 87-3 by the adoption of Resolution No. 2390. SL~RY: In 1986, Auer and Associates developed a four (4) building industrial/professional office project at the southwest corner of Franklin and Walnut Avenues. This project is known as the Tustin Corporate Center. At this time, Continental Health Management Systems {CHMS) is proposing to occupy building number 3. The use intended is a medical clinic and laboratory. The facilities will occupy an area of 23,450 square feet on a site which provides 106 parking spaces. The use, as applied for, is not a listed use in the Planned Community Commercial zone. However according to the regulations for this area, all uses not specifically listed may be authorized by the issuance of a Conditional Use Permit. Community Development Department Planning Commission Report Use Permit 87-3 page two Uses similar to professional offices, medical offices and retail uses are currently authorized in areas with similar zoning. These areas include Tustin Plaza, the Red Hill Industrial Center and the Walnut Industrial Center where a mix of office and retail and/or commercial uses have been authorized. Staff has reviewed the request of CHMS and, in accordance with similar zoning standards, the applicant has met all necessary parking requirements. Seeing that the use is comparable to those in the area and in relation to those uses allowed in Commercial districts, staff recommends approval for this request. BACKGROUND AND ANALYSIS: CHMS operates a facility commonly referred to as a "bedless hospital'. The proposed operation would provide out-patient surgery, diagnostic and administrative services. A major portion of the building is used as laboratory areas where large x-ray and other diagnostic and surgery equipment are used. In considering this request, the greatest item of concern is parking. Although parking standards for medical clinics are not specified in the zoning requirements for this area, staff have used the parking requirements established in the C-1 Retail Commercial district. The parking has been computed as follows: USE ~ical Laboratory Admi nt strati ye offices Clinic Employees PARKING REQUIREMENTS 1 space per SO0 sq.ft. 1 space per 250 sq.ft. 1 space per 2 employees According to the .development plan submitted by the applicant, the site provides 106 parking spaces. CHMS proposes to improve the interior of the building in the following manner: SQUARE FEET OCCUPIED USE OR TOTAL EMPLOYEES ~cal Laboratory 16,900 Administrative Offices 6,550 Clinic Employees 90 Total Spaces Required PARKING REQUIRED 33.8 26.2 45 These figures are based upon maximum capacity, and full employment. Staff considers the site layout and parking facilities adequate for the use intended. Should the Planning Commission concur, staff recommends approval of Use Permit No. 87-3 with the conditions contained in Resolution No. 2390. Associate Planner Devel opment LP: do x..~tt~.~. ¢i t~ .-~ ~ qComrnunity Development Department 1 2 3 4 5, 6 7 8 9 10 11 12 13 14 15 16 17 18 19 2O 21 22 23 24 25 26 27 28 RESOLUTION NO. 2390 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF TUSTIN, AUTHORIZING INSTALLATION OF A MEDICAL CLINIC AND LABORATORY AT 2472 WALNUT AVENUE The Planning Commission of the City of Tustin does hereby resolve as follows: The Planning Commission finds and determines as follows: That a proper application (Use Permit No. 87-3) has been filed on behalf of Continental Health Management Systems to request authorization to install a medical clinic and laboratory at 2472 Walnut Avenue. That a public hearing was duly called, noticed and held on said appl i cati on. 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 applied for is in conformance with the Tustin General Plan. 2. The site is located in the Planned Community Commercial District. 3. The use applied for is an authorized use in commercial districts throughout the City. 4. The use applied for is similar to uses existing in the Planned Community Commercial zone. That the establishment, maintenance, and operation of the use applied for will not be injurious or detrimental to the property and improvements in the neighborhood of the subject property, nor to the general welfare of the City of Tustin, and should be granted. Proposed development shall be in accordance with the development policies adopted by the City Council, Uniform Building Codes as administered by the Building Official, Fire Code as administered by the Orange County Fire Marshal and street improvement requirements as administered by the City Engineer. This project is categorically exempt from California Environmental Quality Act. Final development plans shall require the review and approval of the Community Development Department. 6 7 8 9 10 11 13 14 15 16 17 18 19 ~0 ~3 25 26 ~? 28 Resolution No. 2390 page two II. The Planning Commission hereby approves Conditional 87-3 to authorize a medical clinic and laboratory Avenue subject to the following conditions: Use Permit No. at 2472 Walnut Ae Final development plans shall comply with the approved plans or as herein modified, date stamped February 23, 1987. All tenant improvement plans shall conform to all applicable Building, Fire, State and Federal Codes and regulations. B. The clinic facilities shall employ no more than 90 persons, this does not include administrative staff. Any expansion of the facilities beyond 23,450 square feet shall be approved by the Planning Commission. D. Parking shall be provided as follows: Medical Laboratory: i space per 500 sq. ft. Administrative Office: 1 space per 250 sq. ft. Clinic Employees: 1 space per 2 employees All signs' shall conform to the Tusttn Sign Code. All permits for signage shall be issued prior to issuance of a Certificate of Occupancy. PASSED AND ADOPTED at a regular meeting of the Tustin Planning Commission, held on the day of , 1987. CHARLES E. PUCKETT, Chairman DONNA ORR, Recording Secretary Plannin, Commission DATE: SUBJECT: APPLXCANT: FEBRUARY 23, 1987' USE PERMIT NO. 87-4 SPOONS 333 W. EL CAMINO REAL #290 SUNNYVALE, CA94087 PROPERTY OWNER: LOCATION: ZONING: CARVER DE~ELOPRENT PARTNERSHXP FOUR TUSTIN PLAZA, 13741 NEWPORT C-1: RETAIL CORRERCIAL DISTRICT ENVIRONMENTAL STATUS:, REQUEST: CATEGORICALLY EXEHPT~ CLASS 1 AUTHORIZATION FOR AN ON-SITE BEER, WINE AND DISTILLED SPIRITS LICENSE IN CONJUNCTION* WITH A RESTAURANT USE (L~CENSE TYPE 47) REC0~ENDATION: Approve Use Permit No. 87-4 by the adoption of Resolution No. 2391. SlaY: An application has been filed by Mr. Dorson Jackson on behalf of "Spoons". This restaurant specializes in a blend of Texan and Mexican style entries. (See attached Spoons Business definition.) Development plans will be submitted to the Redevelopment Agency for Design Review at subsequent meeting. The applicant is now requesting authorization for on-site alcoholic beverages sales license for a restaurant. The proposed location for this restaurant is at 13741 Newport Avenue. Staff has identified certain issues related to this application 'regarding hours of operation and proximity to schools, supervision of employees who.sell alcoholic beverages and outdoor seating as discussed below. ANALYSIS AND CONCLUSIONS: In discussion with the applicant the proposed hours of operation for Spoons would be similar to other restaurants in the area. These hours will be from 11:00 a.m. to 1:00 a.m. As with all Type 47 licenses (on-site beer, wine and Community Development Departmen! Planning Commission Report Spoons page two distilled spirits sales in conjunction with a restaurant use), the majority of gross sales must be in food items as opposed to liquor. The closest school to Spoons is-Tustin High School at 800 feet to the east across Newport Avenue. Newport Avenue is a major arterial and functions as an obstacle deterring school students access to the restaurant. Therefore, the proposed facility is not considered to have adverse impacts on high school students. The floor plan for this restaurant includes an outdoor seating area. This area will be completely surrounded by a low wall and is.only accessible by entering through the restaurant. This area, as designed, meets all Alcoholic Beverage Control requirements. Staff has prepared the following requirements as conditions of approval: 1. All alcoholic beverages shall be consumed on-site. 2. Alcoholic beverages shall only be sold during the hours of 11:00 a.m. and i:00 a.m. and only when food is concurrently sold. '3. AuthoriZation for an .on-site beer, wine and distilled spirits license is contingent upon ehe use remaining as a restaurant. At ~uch time the restaurant use is discontinued, authorization for the beer, wine and distilled spirits license will be null and void. 4. All persons selling or serving alcoholic beverages and food must be at least 18 years of age and the restaurant shall be supervised by someone over 21 years of age or older while the restaurant remains open. 5. All persons selling or serving only alcoholic beverages must be twenty-one years of age or older. With these conditions staff considers t~is use appropriate for the area and recommends approval by the adoption of Resolution No. 2391. PATRIZIA MATERASSI Planner Director of Communit~/r ~ Devel opment PM:do attach: Reso 2391 Site Plan Floor Plan Spoons business definition Comrnuni~y Developrnen~ Department 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 25 26 27 28 RESOLUTION NO. 2391 A RESOLUTION OF THE PLANNING COMMISSION OF THE ·CITY OF TUSTIN, AUTHORIZING A BEER AND WINE LICENSE FOR ON-SITE SALES AT 13741 NEWPORT AVENUE The Planning Commission of the City of Tustin does hereby resolve as .follows: I. The Planning Commission finds and determines as follows: A. That a proper application (Use Permit 87-4) has been filed by Mr. Dorson Jackson requesting authorization for an ABC license {type 47) to sell beer, wine and distilled spirits for on-site consumption at 13741 Newport Avenue. B. That a public hearing was duly called, noticed and held on said application. C. 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, e~idenced by the following findings: 1. The sale of beer, wine and distilled spirits is on-site consumption only. 2. 'That sale of beer, wine and distilled spirits is limited to hours of operation between 11:00 a.m. and 1:00 a.m. and only when food concurrently sold. 3. The closest school is 800 feet across a major arterial, therefore, proposed facility is not considered to have adverse impact on high school students. 4. The use applied for is in conformance with the Tustin General Plan. 5. The use applied for is an allowed use in the C-1 Retail Commercial Zone. D. That the establishment, maintenance and operation of the use applied for will not be injurious or detrimental to the property and improvements in the neighborhood of the subject property, nor to the general welfare of the city of Tustin, and should be g6anted. 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 Marshall, and street improvement requirements as administered by the City Engineer. F. That this project is categorically exempt from the requirements of the California Environmental Quality Act, ClaSs I. 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 Resolution No. 239~ page two Ge Final development plans shall require the review and approval of the Community Development Department. II. The Planning Commission hereby approves Conditional Use Permit No. 87-4 to authorize the issuance of an on-site beer, wine and distilled spirits license at 13741 Newport Avenue subject to the following conditions: A. All alcoholic beverages shall be consumed on-site. B. Alcoholic beverages shall be sold during the hours of a.m. and 1:00 a.m. and only when food is concurrently sold. Ce Authorization for an on-site beer, wine and distilled spirits license is contingent upon the use remaining as a restaurant. At 'such time that the restaurant use is discontinued, authorization for the license will be null and void. D. All persons selling or serving only alcoholic beverages shall be twenty-one years of age or older. Ee All persons serving or selling alcoholic beverages and food shall be 18 years of age or older and shall be supervised by someone twenty-one years of age or older. F. The applicant shall complete and return an "Agreement to Conditions Imposed" form as required by the Director of .Community Development. PASSED AND ADOPTED by the Planning Commission of the City of Tustin on this day of , 1987. CHARLES E. PUCKETT, Chairman DONNA ORR, Recording Secretary SPOOI~ BUSINES~ DEFINITION Spoons Restaurants is a casual 'Tax-Max' grill and bar capturing the great flavors of the Southwest. Our unique menu specializes in the subtle blending of Texan and Mexican style entrees. Highlighting the menu are sizzling fajitas, hickory smoked ribs and chicken, fresh half-pound hamburgers, salads, soft tacos and. of course, our award winning chili. Many of these entrees are also highlighted in our Kid's Menu ~ Coloring Book. Spoons caters to a-wide variety of demographic groups. Our research results show that we are very well accepted within the 25-u,g year old age group. This can be attributed to several factors: one. our outstanding price/value with entrees ranging from $2.95 to $8.05, with guest checks averaging $7.12 per person; two, we have great appeal with adults, families and children because of our fast efficient service [the average table turn is 35 minutes]; three, this acceptance can be attributed to Spoons unique position within the casual dining market segment. The company has always held a strong opinion on alcoholic beverages. ~/e believe our business is driven by the superior food products we present and not our bar. The Spoons lounge is designed as a waiting area and also an area to seat our guests for dining. ~/e serve top quality, adult beverages and non-alcoholic specialty drinks only as a complement to the overall dining experience and as a complement to our food. Spoons presently owns and operates twelve successful "Tax-Max" restaurants. eight in California and four in Houston. Texas. Our dedication to quality products, high service standa, rds. community relations, and fun, friendly atmosphere have been our mainstay since our first opening in lg78. ~/e will continue ~.his dedication for many years to come. I II I DATE: SUBJECT: APPLICAKT: LOCATION: ZONING: REQUEST: Ptsnnin Commission FEBRUARY 23, 1987 AMENDIqENT NO. 1 TO USE PERHIT 85-9 CARVER DEYELOPHENT 1100 NEWPORT CENTER DRIVE NEWPORT BEACH, CA TUSTIN PLAZA OFFICE/RETAIL SZTES/WESTERLY SIDE OF NEWPORT AVENUE BETWEEN MAIN STREET AND EL CAIqINO REAL. PLANNED COMMUNXTY CO~ERCIAL TO AUTHORXZE ZMPLE~IENTATION OF A SHARED PARKING PLAN AS AN AMENDMENT TO THE DEVELOPMENT PLAN APPROVED BY USE PER,qIT 85-9° RECOI~ENDATXON: · [t Is recommended that the Planntng Commission adopt Resolution No. 2392 amending the Development Plan approved by Use Permit 85-9 authorizing implementation of a shared parking plan for a freestandlng restaurant. BACKGROUND: Use Permit 85-9 authorized the development of a .mixed use project known as Tustin Plaza which contains 91,800 square feet of retail space and approximately 42,000 sq.ft, of office space. An executed Owner Participation Agreement (OPA) between Carver Development and the Tustin Redevelbpment Agency required that over 66,000 square feet of the retail area in the project be allocated to sales tax generating uses and approximately 5,000 square feet dedicated for a free-standing restaurant. The Agency at their meeting on January 5, 1987 approved Spoon's Restaurant as meeting the freestanding restaurant requirement of the Owner Participation Agreement. However, in order for Spoon's to provide the seating capacity they require, an amendment to the adopted development plan authorizing fewer parking spaces than required (under standard zoning) is necessary. DISCUSSION: As a part of overall design review and use permit process, required parking for the center was considered. Parking demand is usually calculated using a land use/square footage formula applied to a standard parking space allocation ratio. Adopted standards for parking are as follows: Office: Retail: Restaurant: space for each 250 sq.ft, floor area space for each 200 sq.ft, floor area space for each 3 seats within an establishment. Commun~y Development Department ~..Planning Commission Report Carver parking page two These figures are usually uniformly applied, particularly in cases where individual sites are developed with single land uses, {e.g. an office ~uilding, or a strip commercial center). However, there are circumstances where alternative parking.ratios are utilized as a part of an overall development plan. This concept has been used almost exclusively in large retail projects. The Courtyard, Larwin Square, Tustin Plaza, Tustin French Quarter and Enderle Center were all parked at an overall ratio of one space for every 250 square feet of floor space. Reasoning behind deviation from the standard 1:200 ratio is that in larger centers it is unlikely that peak demand for services provided is uniformly distributed throughout the day. For example, peak demand time for restaurants or department stores is not the same fo~ specialty shops. With the exception of extraordinary demand placed upon these centers during peak shopping months of November and December, parking is adequately accommodated at each of the centers noted. With the development of Tustin Plaza, two factors were introduced that differentiate this center from others constructed within the City. First, approximately 31% of the total project was constructed for office purposes. Secondly, the center is without the traditional "anchor" tenant that is often the major draw to an area. Instead, according to the developer, the diverse mix of specialty shops and grouping of food establishments is. the draw for the site. Given these circumstances, and in an effort to accommodate capacity seating of a required restaurant on the site, staff is proposing that' the implementation of a shared parking program be instituted as a portion of the Tustin Plaza Development Plan. Modification of the Development Plan to permit joint parking rather than processing of a Parking variance is possible because zoning on the subject site is Planned Community Commercial. As such, development and accompanying standards are established via an overall development plan. ' The overall development plan ~or the subject project originally was approved by Use Permit 85-9. Additionally, in amending a Use Permit/Development Plan the same public notice requirements needed for a Variance have been met. ANALYSIS: )n a study conducted by the Urban Land Institute (ULI) the concept of shared parking for mixed use projects was extensively evaluated. The results of the study indicate that while actual peak demand of individual users may be a certain amount, (20 spaces for every 1,000 square feet for restaurant for example) actual impact parking needs can be met by "sharing" spaces of other users whose peak operation does not coincide with. the users (4 spaces for each 1,000 square feet of space for example) peak hours. Additionally by factoring for a "captured" market evidence supporting shared parking in a mixed use center is further supported. According to the ULI report, the method and formula used is "universal in its application and flexible enough to. suit specific policies, programs and market conditions". A total...of 641 spaces have been ~provided for the overall project. The information presented in Table I indicates that by using ULI's formula, the cornrnun~ty D~voloprncn~ Dopartmont Planning Commission Report Carver parking page three projected number of occupied spaces at the center's highest peak time is 661 spaces. This should be the case eventhough the individual demand of individual users at thetr peak operation ts 748 spaces. This means that during a peak time period during the bustest time of year, the center could be deficient 20 spaces. However, as can also be seen from Table I durtng the remainder of the day durlng that peak load tlme segment, parking demand can be met. In fact, peak parking demand under shared parking conditions would not be expected to exceed 562 spaces year round and 595 spaces during peak months. Further, when applying a generally accepted distribution factor of 85~ to peak loads (over an entire year) the complex wtll be able to adequately accommodate normal parking demand. The City's Traffic Engineer has reviewed and assisted tn the preparation of statistical data presented in this report and concurs with the staff's position. However, caution should be noted that simply Inputting raw data ts not enough for staff to promote an amendment to the adopted development plan. Instead, an analysts of uses Involved, as well as establishment of specific conditions of approval, are to be considered. First, staff's recommendation Is based upon existing approved land uses, the ~peclfic tenant mix. envisioned .within the project and data* submitted by the developer. In order for 'staff's analysis and the projected parking needs to remetn valid, the following conditions must occur. 1. Maximum floor area for restaurants and/or food related uses must not exceed 17,920 square feet. 2. Maximum offtce area shall not exceed 53,625 square feet Including a maximum of 7,625 square feet on the retail site. 3.' Existing restaurant, food servtce, and/or office spaces may be converted to retail space without Impacting parktng demand. 4. Employees for the proposed freestanding restaurant pad will be required during peak shtfts (5:00 p.m. to ll:O0 p.m.) to park on the Carver office stte adjacent to the retail center. 5. A detailed work schedule of any restaurant user on the restaurant pad shall be submitted to the Community Development Department Indicating the number of personnel and shift times. 6. The Carver Development shall pa6ticlpate and coordinate with The Orange County Transit District to ensure that all tenants in the center and their possible employees are encouraged to utilize car pools or alternative means of transportation to alleviate parking demand. Comrnuni~ Development Department Planning Commission Report Carver parking page four COI~{:LUSIONS: Based upon informetton available and the configuration of the subject site, staff concludes that shared par~ing is an acceptable m~nner in which to amend the Carver Development Plan so that compatible land uses may be promoted in the center. Staff, therefore recommends that 'Amendment No. 1 to Use Permit 85-9 be approved subject to imposition of the conditions noted above.. JO:do attach: Table I Appendl x I Director of Community Development Comrnun~ty D~v~lopmen~ Dcpar~mont BASE DATE Land Use Office Retail Restaurant APPENDIX I SUPPORT DATA Square Footage 53,625 square feet 66,269 square feet 17,g20 square feet Maximum Unadjusted Peak Demand 53,625 1,000 x 3 = 161 spaces 66,269 1,000 x 4 = 265 spaces 17,920 1,000 x 18 : 322 spaces ~ spaces Peak Month (December) Daily Parking Demand Assumtn~ 100% of Employees/Patrons Drive (lffice 100% = 160 spaces ~il 100%: 265 spaces 90% = 289 spaces 714 spaces Assumin~ 95% of Employees/Patrons Drive 162 spaces 251 spaces. 273 spaces 676 spaces Total spaces provided Both sites combined 641 Appendix I page two PARKING DEMAND ON AN HOURLY BASIS BY LAND USE (% OF ALLOCATED PARKING REQUIRED/WEEKDAYS) OFFICE RETAIL 'RESTAURANT 6:00 a.m. 3% 0 0 7:00 20% 8% 2% 8:00 65% 18% 9:00 93% 42% 10% 10:00 100% 68% 20% 11:00 100% 87% 30% 12:00 p.m. 90% 97% 50% 1:00 90% 100% 70% 2:00 97% 97% 60% 3:00 93% 95% 60% 4:00 77% 87% 50% 5:00 47% 79% 70% 6:00 23% 82% 90% 7:00 7% 89% 100% 8:00 7% 87% 100% 9:00 3% 61% 100% 10:00 3% 32% 90% 11:00 0 13% 70% 12:00 a.m. 0 0 50% Source: "Shared Parking", Urband Land Institute 1983 1 2 The 5 6 I. 7 8 9 10 11 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 RESOLUTION NO. 2392 A RESOLUTION OV THE PLANNING COMMISSION OF THE CITY OF'TUSTIN, AMENDING THE DEVELOPMENT PLAN APPROVED BY USE PERMIT 85-9 AUTHORIZING SNARED PARKING FOR A VREESTANDING RESTAURANT AT 13741 NEWPORT AVENUE. Planning Commission of the City of Tusttn does hereby resolve as follows: The Planning Commission finds and determines as follows: That a proper application (Amendment No. I to Use Permit 85-9) has been filed on behalf of Carver Development, requesting authorization to amend the approved development plan for Tustin Plaza to permit implementation of a shared parking program. B. That a public hearing was duly called, noticed and held on said application. That establishment, maintenance, and operation of the use applied for will not, under the circumstances of this case, be detrimental to the health, safety, morals, comfort, or general welfare of the persons residing or working in the neighborhood of such proposed use, evidence by the following findings: 1. That a conditional use ~ermit was approved with a precise development plan on June 10, 1985. That retail and office uses and in particular a freestanding restaurant is consistent with the Tustin Area General Plan land use designation for commercial uses. e That retail and office uses including freestanding restaurant are consistent with the Planned Community Commercial District zoning designations subject to approval of a Conditional Use Permit incorporating a precise development plan. That the implementation of a shared parking program would be consistent with Conditional Use Permit 85-9 subject to modification of the precise development plan. That the establishment, maintenance, and operation of the use applied for will not be injurious or detrimental to the property and improvements in the neighborhood of the subject property, nor to the general welfare of the City of Tustin, and should be granted. Proposed development shall be in a6cordance 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. 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 22 23 25 26 27 28 Resolution No.'2392 page two .F. A Negative Declaration was previously approved for this project. Final development plans shall require the review and approval of the Community Development Department. II. The Planning Commission hereby approved Amendment No. 1 to Conditional Use Permit No. 85-9 amending the approved development plan for Tustin Plaza authorizing the implementation of a shared parking program for the subject project subject to the following conditions: Ae Maximum floor area for restaurants and/or food related uses must not exceed 17,920 square feet. 8. Maximum office area shall not exceed 53,625 square feet including a maximum of 7,625 square feet on the retail site. C. Existing restaurant, food service, and/or office spaces may be converted to retail space without impacting parking demand. De Employees for the proposed freestanding restaurant pad will be - required during peak shifts (5:00 p.m. to 12:00 p.m.) to park on the Carver office site adjacent to the retail center. A detailed work schedule of any restaurant user on the restaurant pad shall be submitted to the Community Development Department indicating the number of personnel and shift times. The Carver Development shall participate and coordinate with Orange County Transit District to ensure that all tenants in the Center and their employees are encouraged to utilize car pools or alternative means of transportation to alleviate parking demand. PASSED' AND ADOPTED at a regular meeting of the Tustin Planning Commission held on the day of , 1987. CHARLES E. PUCKETT, Chairman DONNA ORR, Recording Secretary Planning Commission DATE: SUBJECT: FEBRUARY 23, 1987 REPORT ON COUNCIL ACTIONS - February 17, 1987 Oral presentation. .do Attachments: Ctty Counct1 Action Agenda - February 17, 1987 ~.. Community Development Deparxment w ACTION AGENOA OF AN A~JOURNED REGUU~R MEETING OF ll(E TUSTIN CITY 'COUNCIL FEBRUARY 17, 1987 7:00 P.M. 7:01 I. CALL TO ORDER A~.L PRESENT II. ROLL CALL III. PROCLAMATION PRESENTED TO ~UG~ ~ST 1. HUGH WEST, RETIRED MAINTENANCE SUPERINTENDENT IV. ADOPTF./) RESOLUTION NO. 87-20 PUBLIC HEARING PROPOSED ANNEXATION NO. 139'- EVENINGSIDE/RAINBOW - RESOLUTION NO. 87-20 The proposed annexation area is bounded by Irvine Boulevard on the south, Browning Avenue on the west, La Colina on the north, and the Irvine Ranch on the east. Of 179 registered voters in this area, 34 signed a petition for annexation. The area consists of 85 single- family homes and the Tustin Memorial Elementary School and is entirely zoned E-4 (Estate Residential). Recommendation: 1) Conduct a public hearing to receive testimony from affected residents; and 2) Adopt the following: RESOLUTION NO. 87-20 - A RESOLUTION OF THE cITY COUNCIL OF THE CITY OF TUSTIN, CALIFORNIA, MAKING APPLICATION FOR THE ANNEXA- TION OF TERRITORY KNOWN AS EVENINGSIDE/RAINBOW ANNEXATION NO. 139 RICH~J~D VINING V. PUBLIC INPUT ASKED ASO~ T~E UPCOMING IMPROVEMENTS ON ~IN ~E~. BOB ~DENDEC~R ~ID ~E IMPROVEMENTS ~UtB I~LUBE SIDE.KS ~D ~ERS UNLESS ~ ~VE ~ ~ ~T ~OUND A ~EE, ~E HIGH SPOTS WILL BE T~EN ~, ~E ~E~S ~LL ~ ~DONE ~D ~E ELEVATIONS ~E ~E ~TER STA~S NOW WILL D~IN. IT ~LL ~ VERY SINI~ TO aT ~ ~NE ON ~ ~I~ RE~. VI. APPROVED APPROVED CONSENT CALENDAR 1. APPROVAL OF MINUTES - FEBRUARY 2, 1987, REGULAR MEETING 2. APPROVAL OF DEMANDS IN THE AMOUNT OF $2,633,119.36 RATIFICATION OF PAYROLL IN THE AMOUNT OF $157,995.88 APPROVED STAFF 3. FOURTH OF JULY FIREWORKS CONTRACT RECO~4ENDATION WITH NO Authorize the City Manager to execute an agreement in the amount A4)VERTISEMENT OF ll4E LOI'TERY of $8,700.00 with Pyro Spectacular Fireworks Company to provide TO BE ASSOCIATEI) Will( ll(E a pyro-musical show for the 1987 Annual Fourth of July Celebra- 'HOW. tion as recommended by ~he Community Services Department. A4)OPll~D RESOLUTION 4. NO. 87-21 RESOLUTION NO. 87-21 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TUSTIN, CALIFORNIA, RELATING TO THE COMPENSATION OF ADMINISTRA- · TIVE, MANAGEMENT, AND CONFIDENTIAL EMPLOYEES Adopt Resolution No. 87-21 as recommended by the City Manager. CITY COUNCIL ACTION AGENDA Page 1 2-17-87 ADOPTED RESOLUTION 5. NO. 87-22 ADOPTED RESOLUT*[ON 6. NO. 87-19 APPROVED STAFF 7. RECOFtlENDATION ADOPTED RESOLUTTON 8. NO. 87-23 ADOPTED RESOLUTION 9. NO. 87-24 ADOPTED RESOLUTION 10. NO. 87-25 :ADOPTED RESOLUTION 11. NO. 87-26 RESOLUTION NO. 87-22 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TUSTIN, CALIFORNIA, CONFIRMING THE APPLICATION OF THE MASTER PROPERTY TAX TRANSFER AGREEMENT TO THE PROPOSED EVENINGSIDE/RAINBOW ANNEXATION NO. 139 Adopt Resolution No. 87-22 pursuant to Council action on its intent to adopt a resolution of application for subject annexa- tion, and as recommended by the Community Development Depart- ment. (Reference Public Hearing Item No. 1) RESOLUTION NO. 87-19 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TUSTIN, CALIFORNIA, ESTABLISHING REVISED ANIMAL FACILITY LICENSE FEES AND ANIMAL PERMIT FEES Adopt Resolution No. 87-19 as proposed by the Orange County Department of Animal Control and approved by the County Board of Supervisors on December 16, 1986. SANTA ANA FREEWAY (I-5) WIDENING FROM ROUTE 55 TO ROUTE 22 Authorize staff to respond on the Draft EIR-EIS for the Santa Ana Freeway widening (Rte. 55 to Rte. 22) Per the letter dated February 17, 1987, to Mr. Wayne Ballantine, Chief of Environ- mental Planning Branch, CalTrans, as recommended by the Public Works Department/Engineering Division. RESOLUTION NO. 87-23 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY. OF TUSTIN ACCEPTING WORKS OF IMPROVEMENT AND AUTHORIZING RECORDATION OF NOTICE OF COMPLETION ("B" AND "C" STREET WATER MAIN IMPROVEMENTS Adopt Resolution No. 87-23; and assuming no claims or stop pay- ment notices are filed, authorize payment of the final 10% retention amount ($11,118.10) ~o R. T. Construction 30 days after date of recordation of the Notice of Completion as recom- mended by the Public Works Department/Engineering Division. RESOLUTON NO. 87-24 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TUSTIN ACCEPTING WORKS OF IMPROVEMENT AND AUTHORIZING RECORDATION OF NOTICE OF COMPLETION (FAIRHAVEN, YORBA, NEWHAVEN, TROPIC LANE WATER MAIN IMPROVEMENTS) Adopt Resolution No. 87-24; and assuming no claims or stop pay- ment notices are filed, authorize payment of the final 10% retention amount ($18,958.68) to Spear Pipeline Construction 30 days after date of recordation of the Notice of Completion as recommended by the Public Works Department/Engineering Division. RESOLUTION NO. 87-25 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TUSTIN, CALIFORNIA, REQUESTING THE COUNTY OF ORANGE TO INCREASE THE ALLOCATION FROM THE ARTERIAL HIGHWAY FINANCING PROGRAM FOR THE DEVELOPMENT OF SEVENTEENTH STREET BETWEEN THE COSTA MESA FREEWAY AND PROSPECT AVENUE (NORTH) Adopt Resolution No. 87-25 as recommended by the Public Works Department/Engineering Division. RESOLUTION NO. 87-26 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TUSTIN ACCEPTING WORKS OF IMPROVEMENT AND AUTHORIZING RECORDATION OF NOTICE OF COMPLETION (SIDEWALK/WHEELCHAIR RAMPS - EL CAMINO REAL AND TUSTIN RANCH ROAD) Adopt Resolution No. 87-26; and assuming no claims or stop pay- ment notices are filed, authorize payment of the final 10% retention amount ($9,170.64) to B-1 Enterprise Corporation 30 days after date of recordation of the Notice of Completion. CITY COUNCIL ACTION AGENDA Page 2 2,17-87 APPROVED STAFF RECOI~IENOATION 12. ELIMINATION OF WATER SERVICE ANALYST AND WATER SERVICE MANAGER POSI- TIONS Eliminate the classification and position of Water Service Analyst effective March 1, 1987; and el. iminate the classifica- tion and position of Water Services Manager effective July 14, 1987 as recommended by the City Manager. VII. ORDINANCES FOR INTRODUCTION AOOPTEO OROINANCE NO. 98O None, VIII, ORDINANCE FOR ADOPTION 1. ORDINANCE NO. 980 - CONSOLIDATION OF ELECTIONS A public hearing was conducted by Council on February 2, 1987, to obtain public input regarding consolidation with the Stat,wide General Election. One resident voiced opposition to consollidation. Recommendation: M.O. - That Ordinance No. 980 have second reading by title only. M.O. - That Ordinance No. 980 be passed and adopted. ORDINANCE NO. 980 - AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF l~JSTIN, CALIFORNIA, REQUIRING ITS GENERAL MUNICIPAL ELECTION TO BE CONSOLIDATED WITH THE STATEWIDE GENERAL ELECTION HELD IN NOVEMBER OF EVEN-NUMBERED YEARS, PURSUANT TO SECTION 36503.5 OF THE GOVERNMENT CODE IX. OLD APPOINTED JAMES BRUSH 1. TO SERVE AS ALTERNATE ~O MAYOR TO SENO LETTER TO HIM ~NI:IRM[~ HIS BUSINESS APPOINTMENT OF ALTERNATE CITIZEN REPRESENTATIVE TO AVIATION NOISE ABATEMENT COMMITTEE Councilwoman Kennedy requested staff agendize the application from James Brush, which was submitted in response to Council's search for a resident to serve as citizen alternate on subject committee. Recommendation: Pleasure of the City Council. APPROVED STAFF RECO~ENDATION \PPROVED STAFF .~ECOI~IENOATION NEW BUSINESS 11. AWARD OF BID - PURCHASE OF A TELEPHONIC COMMUNICATIONS SYSTEM (Reference Redevelopment Agency Agenda, Item No. 4.) Recommendation: On behalf of the Tustin Community Redevelopment Agency, authorize the purchase of a telephonic communications system from Fujitsu Business Communications, Anaheim, in the amount of $116,957.00 as recommended by the City Manager. 2. CITIZEN COMPLAINT - 700 BLOCK OF WEST MAIN STREET Recommendation: Approve sidewalk and catch basin improvements on the northerly side of Main Street between Myrtle Avenue and the Costa Mesa Freeway; and authorize a supplemental 1986-87 budge~ appropriation from general fund monies in the amount of $11,600.00 as recommended by the Public Works Department/Engineering Division. CITY COUNCIL ACTION AGENDA Page 3 2-17-87 APPROVED STAFF RECOI~ENDAT!ON AND SET I~Y 11 FOR ~ORKSHOP. APPROVED STAFF RECOI~ENDATION APPROVED STAFF 5. RECOI~IENDATION APPROVED THE BROCHURE 6. MITH THE FIRST SENTENCE TO READ: "SHOULO YOU HAVE THE DESIRE TO ANNEX TO THE CITY OF THSTIN, THE FOLLOWING INFORMATION IS 3. COLUMBUS TUSTIN PARK MASTER PLAN At the February 2, 1987, meeting, Councilman Edgar requested subject item be agendized for discussion.' In addition, he requested staff provide a progress report on Columbus Tustin Park. Recommendation: Defer action on the Columbus Tustin Park Master Plan until Council has conducted a workshop regarding park planning and financing. 4. CONSULTANT AGREEMENT FOR DESIGN OF PROJECTS NO. 21, 22 AND 23, WATER MAIN REPLACEMENTS Of nine water main replacement projects included in the.approved 1986-87 Budget, three areas have excessive leak history due to age and fatigue of pipe materials, in addition to being undersized. The project areas are on Alleman Place south of Vanderlip, Oak Lane north of Dodge, and on Arroyo Avenue north of La Loma. Recommendation: Approve selection of ASL Consulting Engineers for professional services for design of Water Main Replacement Projects No. 21, 22 and 23 at a fixed fee of'$6,800.00; and authorize the Mayor and City Clerk to execute a Consultant Agreement subject to final approval of the City Attorney, as recommended by the Public Works Department/Engineering Division. NEWPORT AVENUE LEFT-TURN LJkNE STORAGE CAPACITIES As requested by Council, the City Traffic Consultant has completed a study of storage capacities of Newport Avenue left-turn lanes between Irvine Boulevard and Walnut Avenue. As part of the budget process, staff can then identify potential sources of funding avail- able to the City. Recommendation: Review and prioritize desired modifications for consideration in the 1987-88 Capital Improvement Budget as recom- mended by the Public Works Department/Engineering Division. ANNEXATION BROCHURE Staff has prepared a draft brochure for distribution to persons con- sidering annexation to the City. Recommendation: Pleasure of the City Council. PRESENllED FOR YOUR REVIEW.~ XI. RATIFIED RECEIVED AND FILED 2. CITY COUNCIL ACTION AGENDA REPORTS 1. PLANNING COMMISSION ACTIONS - FEBRUARY 9, 1987 All 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 9, 1987. INVESTMENT SCHEDULE AS OF JANUARY 31, 1987 Recommendation: Receive and file. Page 4 2-17-87 APPROVED. STAFF 3. RECONMENDATION MOVEO S'~ REDUCTION OF WATER DEBT SURCHARGE JOHN WAYNE AIRPORT VOR NAVIGATION SYSTEM As requested by Council at its February 2 meeting, staff has gath- ered information on current issues associated with obstruction of the VOR navigator system by surrounding development. Also, staff has prepared a draft letter to the FAA requesting that this poten- tially hazardous situation be dealt with promptly. Recommendation: Authorize the Mayor to transmit a letter to the FAA requesting immediate resolution of current VOR obstruction. WATER DEBT SURCHARGE FUND Mayor Saltarelli requested subject item be agendized for status review of the Water Debt Surcharge Fund. KELLY ASKED XII. OTHER BUSINESS ABOUT POLICY FOR HRNOICAPPEO PARKING SPACES ON THE STREET AS' THERE IS ONE. AT DEL ~ AND SYCAMORE. THE CITY ENGINEER RESPONOEO THAT THIS SPACE WAS REQUESTED FROM AOJACENT RESIDENTS AMD THERE ARE 4 OR 5 SPECIAL CIRCUMSTANCES CONCERNING IT. HE SAID THERE ~RE ABOUT 4 OR 5 SPECIALIZED LOCATIONS THROUGH THE CITY. KELLY REPORTED HELICOPTER EI~ERGENCY LANDINGS AT THE FIRE STATION ANO ASKED IF THIS WAS NORMAL PRACTICE. THE CITY MANAGER RESPONOEO THAT HE WRS NOT AI~RRE OF ANY ROUTINE PRACTICE 8UT STAFF WOULO CHECK INTO IT. KELLY REPORTEO SEVEN HELICOPTERS T1LRT FLEW OVER THE OLD TUSTIN AREA LAST FRIDAY AND HE WONDERED i~IERE Wi~ ~i~RE REGAROING SOUNO MONITORS THAT COULD MONITOR THE NOISE. HUSTON RESPONOED TILRT THE MILITARY OOES NOT HAVE TO COMPLY WITH Tile OROINRflCE. KELLY REQUESTEO ACk, IN THE STATUS OF THE WAR MEMORIAL BUILDING LEASING TO A PROFIT ORGANIZATION. THE CITY ATTORNEY RESPONOEO THAT A REPORT WILL BE FORTHCOMING. HOESTEREY REPORTEO THAT THERE IS STILL A HOLE IN THE PAVEMENT AT RAINTREE ANO AMA TREE Q~iERE SOME WORK WAS OONE ABOUT 4 OR 5 MONTHS AGO. HE REQUESTEO STAFF DRAFT A FRIENGLY LETTER TO IRWO TO HAVE TH.rd~ COME OUT ANG REPAIR THEIR WORK. SJU_TARELLI REPORTEO THAT THE MARINE CORPS HAS A~iNOUNEEO THE CESSATION OF FLIGHTS FOR THE CH53 ECHO. THEY MAY HAVE FOUNG A PROBLEJ~ IN THE GEAR BOX. THOSE WILL BE MOOIFIED. SJU.TARELLI REPORTEO THAT THE CITY OF SANTA ARA HAS A MASSIVE OFFICE PROPOSAL AT THE SANTA AMA FREEWAY, 4TH ST., ARO IST ST., I~IICH CONSISTS OF ONE gl-STORY ARO TWO IS-STORY OFFICE TOWERS AMD AR 8-STORY PARKING GARJ~GEo HE REQUESTEO THAT STAFF CHECK IF ANY ENVIRONMENTAL DOCUMENTA- TION HAS BEEN OONE. THE CITY MAWRGER RESPONOEO THAT STAFF HJLS BEEN IN CONTACT WITH SANTA ANA OFFICIALS. THERE IS A OIFFERENCE OF OPINION .ON W~IETHER THEY SHOULO O0 AN EIR. STAFF IS REVIEWING A REPORT THEY HAVE OOME ON TRAFFIC. STAFF THINKS THE ISSUE OF ~I~ETHER THE BUILDINGS WILL AFFECT THE VOR TO JOHN WAYNE AIRPORT HAS BEEN RESOLVED AND HAS REQUESTEO OOCUMENTATION ON SAME. STAFF ARO THE CITY ATTORNEY WILL REVIEW THE PROJECT ANO REPORT 8ACK TO COUNCIL ON Q~IAT OPTIONS ARE AVAILABLE. SALTARELL! STATED THAT IF THE TIME FRAME IS SUCH THAT BUILDING PERMITS ARE ABOUT TO BE ISSUEO PRIOR TO CITY COUNCIL'S REVIEW OF AOVERSE IMPACTS ~ICH MAY NOT BE MITI- GATED, COUNCIL WILL CONOUCT A SPECIAL MEETING ON THE MATTER. KENNEDY ASKEO STAFF TO RESPONO TO THE LETTER TO THE EOITOR AND THE EOITOR'S COI'~4ENTS ON THE RESTAURANT AT 17TH STREET ARO CARROLL. CHRIS SHINGLETON RESPONOEo THAT STAFF HAS BEEN WRITING FOR PLANS TO COME IN FOR ~i~EKS ANO THERE HAS BEEN NO SUBMITTAL FOR TERANT IMPROVEMENTS. WE HAVE BEEN TOLD THEY WOULD HAVE PLANS WITHIN THE NEXT ~I~EK. KENNEDY RESPONDED THAT THE CONCERN IS NOT ONLY THE OELAY BUT THE LACK OF COMPLIANCE WITH THE ARCHITI:.CTURE OF THE CENTER. CITY COUNCIL ACTION AGENDA PAGE 5 2-17-87 EDGAR ASKED THAT WE AGENDIZE THE PARKING ON HEATHERFIELD. EDGAR COMI~NDED LEDENOECKER FOR CONTRACTING OUT .50NE OF THE ENGINEERING NORK THAT WILL ENABLE US TO GET SOME OF THE PLANS UNDER mY AND t~GED H/H TO O0 HORE OF IT. HE gOULD LIKE TO HAVE SHELF READY PRO,JECTS SI3 144EN FUI~)S ARE READY WE COULD PROCEED. EDGAR REQUESTED A gORKSHOP IN THE NEAR FUTURE TO DISCUSS CAP[TAL IMPROVEMENTS FOR THE 87-88 BUDGET. STAFF WILL COME BACK g[l'H A SCHEDULE. SALTARELL! COMPLIMENTED THE FINANCE DIRECTOR ON THE FINANCIAL REPORT. SAJ. TARELLI ANNOUNCED ltLAT THERE WOULD BE A REORGANIZATION OF THE COUNCIL AT THE NEXT I'IEETING ANO A IIEW I~YOR WILL BE APPOINTEO. 9:20 XIII. ADJOURNMENT To the next Regular Meeting on March 2, 1987, at 7:00 p.m. CITY COUNCIL ACTION AGENDA Page 6 2-17-87 9:20 ALL PRESENT APPROVED ADOPTED RESOLUTION NO. RDA 87-1 APPROVED STAFF RECO~NDATION APPROVED NONE 9:21 ACTION AGENDA OF AN ADJOURNED REGULAR MEETING OF THE TUSTIN REDEVELOPMENT AGENCY FEBRUARY 17, 1987 7:00 P.M. CALL TO ORDER ROLL CALL APPROVAL OF MINUTES - FEBRUARY 2, 1987, REGULAR MEETING Recommendation: Approve. RESOLUTION NO. RDA 87-1 - APPROVING ACQUISITION OF A TELEPHONIC COMMUNI- CATIONS SYSTEM (Reference City Council Agenda, New Business Item No. 1) In conjunction with City Council award of bid for purchase of a tele- phonic communications system from Fujitsu Business Communications in the amount of $116,957.00, the Agency is requested to appropriate funds for purchase of same. Recommendation: Adopt the following: RESOLUTION NO. RDA 87-1 - A RESOLUTION OF THE TUSTIN COMMUNITY REDEVEL- OPMENT AGENCY APPROVING THE ACQUISITION OF A TELEPHONIC COMMUNICATION SYSTEM AND DETERMINING THAT THE ACQUISITION IS A'BENEFIT TO THE TOWN CENTER PROJECT AREA AND THERE ARE NO OTHER REASONABLE MEANS OF FINANCING THE PROJECT SUPPLEMENTAL BUDGET APPROPRIATION - STREET LIGHTING ALONG "C" STREET On February 2, 1987, City Council approved installation of three street lights along "C" Street between Main and Third Streets and concluded that Agency funding should be utilized for same. Recommendation: Authorize supplemental appropriation in the amount of $6,950.00 to the Tustin Community Redevelopment Agency 1986-87 Budget for street light installation along "C" Street between Main Street and Third Street; and authorize City staff to administrate all contracts for same as recommended by the Public Works Department/Engineering Division. APPROVAL OF DEMANDS Recommendation: Approve Demands in the amount of $836,384.34 for the month of January, 1987, as recommended by the Finance Department. OTHER BUSINESS ADJOURNMENT To the next Regular Meeting on March 2, 1987, at 7:00 p.m. REDEVELOPMENT AGENCY ACTION AGENDA Page 1 2-17-87