HomeMy WebLinkAboutRPT 1 P.C. ACT AGENDA 10-21-85ACTION AGEN A
TUSTIN PLANNING COMMISSION
REGULAR MEETING
OCTOBER 14, 1985
REPORTS
NO. 1
10-21-85
Motion carried 5-0.
Well, Puckett, Baker, McCarthy, White
CALL TO ORDER:
ROLL CALL: All present:
PLEDGE OF ALLEGIANCE/INVOCATION
PRESENTATIONS:
PUBLIC CONCERNS:
CONSENT CALENDAR:
1. Minutes from Planning Commission meeting September 23, 1985.
2. Final Parcel Map 85-212
White moved, Baker seconded to approve the Consent Calendar.
PUBLIC HEARINGS
3.
AMENDMENT TO CONDITION #19 OF PARCEL MAP 84-1032, TUSTIN AUTO CENTER
Applicant:
Location:
The Irvine Company
Irvine-E1Modena Flood Control channel; development area bounded
by the I-5 freeway on the south, Browning Avenue on the west,
Bryan Avenue on the north and Myford Avenue on the east.
Request:
That the October 15th construction deadline date for interim
channel improvements be waived.
Presentation:
Ed Knight, Senior Planner
Commission discussion ensued with questions and answers of staff. Bob Ledendecker
was present to answer most of the technical questions.
Well opened the public hearing at 7:47 p.m. Brad Olson presented The Irvine
Company's reasons for the request. Seeing no one further wishing to speak, Chair
Well closed the hearing at 7:58 p.m.
Further Commission discussion began. Chair Well reopened the public hearing at 8:12
p.m. The following people spoke in opposition to the approval of the amendment:
John Avey of Burnt Mill Rd., Jackie Haney of Nixon Circle, Oscar Barnhardt of Karen
Way, C.L. Dalen of Burnt Mill Rd., Carol Taylor of Farmington Rd. Brad Olson of The
Irvine Company, spoke in favor of the amendment. Seeing no one further wishing to
speak, Chair Well closed the public hearing at 8:32 p.m.
Puckett moved, White seconded to approve Amendment To Condition No. 19 of Parcel Map
84-1032 by the adoption of Resolution No. 2275. Motion carried 4-1, McCarthy
opposed.
Action Agenda
October 14, 1985
page two
PUBLIC HEARINGS
4. USE PERMIT 85-25
Applicant:
Location:
Request:
Paragon Group
15901, 15951 and 15991 Redhill Avenue
Authorization to permit Steven Morrison, Attorney, as a tenant
at 15991 Redhill Avenue, occupying 752 square feet. The owner
is also requesting a blanket authorization for the remaining
12,000 square feet for office and commercial tenants.
Presentation:
Mary Ann Chamberlain, Associate Planner
Chair Well opened the public hearing at 8:42 p.m. Seeing no one wishing to speak he
closed the hearing at 8:42 p.m.
McCarthy moved, Baker seconded to approve Use Permit 85-25 by the adoption of
Resolution No. 2273 with addition ora condition requiring a certificate of
occupancy. Motion carried 5-0.
5. VARIANCE 85-7
Applicant:
Location:
Request:
Emil Becker
14302 Cherrywood Lane (Laurelwood Patio Homes)
Authorization to construct a swimming pool for therapeutic
reasons while varying from the 5 foot sideyard setback
requirements.
Presenta ti on:
Mary Ann Chamberlain, Associate Planner
Chair Weil opened the public hearing at 8:47 p.m. Seeing no one wishing to speak she
closed the hearing at 8:47 p.m.
Baker moved, Puckett seconded to approve Variance 85-7 by the adoption of Resolution
No. 2274. Motion carried $-0.
ADMI NISTP~TIVE MATTERS
Old Business
None.
New Business
None
STAFF CONCERNS
6. Oral Report Concerning First Street Specific Plan:
October 24, 1985 Town Hall Meeting.
Presentation: Donald D. Lamm, Director of Community Development
Action Agenda
October 14, 1985
page three
7. Oral Report on Council actions of September 16, 1985
Presentation:
Donald D. Lamm, Director of Community Development
COMMISSION CONCERNS
Well requested legal opinion concerning a Commission member attending a Council
meeting to provide background on appeals.
Well introduced the letter from Mayor Greinke advising the Commission on procedures
if they plan to run in the election for a Council seat.
Weil congratulated Ed Knight on his AICP exam. She requested staff draft a letter
from the Commission.
ADJOURNMENT
McCarthy moved, Baker seconded to adjourn to the next regularly scheduled Planning
Commission meeting. Motion carried 5-0.
AGENDA
TUSTIN PLANNING CONHISSION
REGULAR MEETING
OCTOBER 14, 1985
CALL TO ORDER:
ROLL CALL: Well, Puckett, Baker, McCarthy, White
PLEDGE OF ALLEGIANCE/INVOCATION
PRESENTATIONS:
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.
:ONSENT 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 from Planning Commission meeting September 23, 1985.
2. Final Parcel Map 85-212
PUBLIC HEAJ~INGS
3. AMENDMENT TO CONDITION #19 OF PARCEL MAP 84-1032, TUSTIN AUTO CENTER
Applicant:
Location:
Request:
The Irvine Company
Irvine-E1Modena Flood Control channel; development area bounded
by the I-5 freeway on the south, Browning Avenue on the west,
Bryan Avenue on the north and Myford Avenue on the east.
That the October 15th construction deadline date for interim
channel improvements be waived.
Presentation: Ed Knight, Senior Planner
Agenda
October 14, 1985
page two
PUBLIC HEARINGS
4. USE PERMIT 85-25
Applicant:
Location:
Request:
Presentation:
5. VARIANCE 85-7
Applicant:
Location:
Request:
Paragon Group
15901, 15951 and 15991 Redhill Avenue
Authorization to permit Steven Morrison, Attorney, as a tenant
at 15991Redhill Avenue, occupying 752 square feet. The owner
is also requesting a blanket authorization for the remaining
12,000 square feet for office and commercial tenants.
Mary Ann Chamberlain, Associate Planner
Emil Becker
14302 Cherrywood Lane (Laurelwood Patio Homes)
Authorization to construct a swimming pool for therapeutic
reasons while varying from the 5 foot sideyard setback
requirements.
Presentation:
ADMINISTRATIVE MATTERS
Old Business
None.
New Business
None
STAFF CONCERNS
Mary Ann Chamberlain, Associate Planner
6. Oral Report Concerning First Street Specific Plan:
October 24, 1985 Town Hall Meeting.
Presentation: Donald D. Lamm, Director of Community Development
7. Oral Report on Council actions of September 16, 1985
Presentation: Donald D. Lamm, Director of Community Development
COMMISSION CONCERNS
ADJOURNMENT
Adjourn to the next regularly scheduled Plannin9 Commission meeting.
M'INUTES
TUSTIN PLANNING COMMISSION
REGUIJ~R MEETING
SEPTEMBER 23, 1985
CALL TO ORDER:
7:30 p.m.
ROLL CALL:
Present: Well, Puckett, Baker, McCarthy, White
PLEDGE OF ALLEGIANCE/INVOCATION
PRESENTATIONS:
PUBLIC CONCERNS:
CONSENT CALENDAR:
1. Minutes from Planning Commission meeting September 9, 1985.
2. Resolution No. 2269, Ruby's Cafe.
White moved, Puckett seconded to approve the consent calendar. Motion carried 5-0.
CONTINUED PUBLIC HEARINGS
3. USE PERMIT 85-20
Applicant:
Location:
Request:
Lawrence Bente
13201 Silver Birch Drive
Authorization to retain a satellite dish which was installed
without the required permits and exceeds the size and height
requirements of the Tustin City Code.
Presentation:
Laura Pickup, Assistant Planner
Chair Well opened the public hearing at 7:35 p.m. Seeing no one wishing to speak she
closed the hearing at 7:35 p.m.
Lawrence Bente, project applicant, made himself available for questions. Commission
discussion and questions of staff ensued concerning alternatives in height for the
dish and the existing ordinance.
Puckett moved, Baker seconded to deny Use Permit 85-20 and directed staff to prepare
a resolution of denial. Motion carried 4-1, McCarthy opposed.
Mi nutes
September 23, 1985
page two
PUBLZC HEJ~RI NGS
Applicant:
Loca ti on:
Request:
REVISED TENTATIVE TRACT 8451
Adams, Streeter Civil Engineers on behalf of The Irvine Company
Tustin-Irvine Industrial Complex, south of Dow Avenue, west of
Tustin boundary and north of Moulton Parkway.
Authorization to create one lot of 12.5 acres for the final
portion of land under the original tentative map.
Mary Ann Chamberlain, Associate Planner
Presentation:
Chair Well opened the hearing at 7:50 p.m. Jerry Weeks, of The Irvine Company,
agreed with staff's recommendation and made himself available for questions.
no one further wishing to speak, Chair Well closed the hearing at 7:51 p.m.
White moved, McCarthy seconded to approve Revised Tentative Tract 8451 by the
adoption of Resolution 2270. Motion carried 5-0.
5. AMENDMENT #1 TO USE PERMIT 72-400
Seeing
Applicant:
Location:
Request:
Presentation:
Jo Jo's Restaurants
17631E. 17th Street
Authorization to construct a green house addition of 6ii square
feet to an existing Co Co's Restaurant,
Mary Ann Chamberlain, Associate Planner
Chair Well opened the public hearing at 7:58 p.m. Seeing no one wishing to speak,
she closed the hearing at 7:58 p.m.
Puckett moved, Baker seconded to approve Amendment #1 to Use Permit 72-400 by the
adoption of Resolution 2271. Motion carried 5-0.
ADMINI~P~ATIVE ~l-FERS
Old Business
None.
New Business
None
STAFF CONCERNS
6. Report on Council actions September 16, 1985
Presentation: Donald D. Lamm, Director of Community Development
Minutes
September 23, 1985
page three
COMIMISSION CONCERNS
Well questioned if the Engineering Department would have a representative at the
Commission meetings. Lamm responded staff was working on it with Engineering.
White requested guidance from the Council for policy on setback and landscape
requirements to avoid creating non conforming uses in the future when the street is
eventually widened.
ADJOURNMENT
Puckett moved, McCarthy seconded to adjourn at 8:00 p.m. to the next regularly
scheduled Planning Commission meeting.
KATHY WEIL, CHAIRMAN
DONNA ORR, RECORDING SECRETARY
Planning Commission
DATE:
SUBdECT:
APPLICANT:
LOCATION:
ZONING:
ENVIRONMENTAL
STATUS:
REQUEST:
OCTOBER 14, 198S
FINAL PARCEL MAP 85-212
WILLIAMSON AND SCHMID ON BEHALF OF BIRTCHER CAMPBELL PROPERTIES
NORTHWESTERLY CORNER OF RED HILL AVENUE AT BELL AVENUE
PLANNED COMMUNITY INDUSTRIAL/BUSINESS DISTRICT
THIS PROJECT IS CATEGORICALLY EXEMPT FROM THE REQUIREMENTS OF THE
CALIFORNIA ENVIRONMENTAL QUALITY ACT, CLASS
SUBDIVIDE 2 LOTS INTO 3 LOTS
RECOMMENDED ACTION:
Recommend to the City Council approval of Final Parcel Map 86-212 by the
adoption of Resolution No. 2272.
BACKGROUND AND DISCUSSION:
In August of 1984, Birtcher Pacific II obtained building permits for three
research and development buildings with a free-standing parking structure on
these two existing parcels. The property owner is now requesting authorization
to split these two existing parcels of 6.16 acres into three parcels:
Parcel #1 - 2.06 acres
Parcel #2 - 1.96 acres
Parcel #3 - 2.14 acres
Because of the configuration of the development on these properties, covenants,
conditions and restrictions have been prepared providing for reciprocal
ingress/egress, parking and maintenance of common drives, landscaping etc. which
have been reviewed by the City Attorney.
Community Development Department
Planning Commission Report
October 14, 1985
page two
All parcels comply with the Tustin Area General Plan, the City of Tustin Zoning
Ordinance along with the Irvine Planned Community Regulations for this area.
The tentative parcel map was approved by the Planning Commission on June 24,
1985, and by the City Council on July 1, 1985. The final map is in substantial
compliance with the tentative map and the conditions of approval have been met.
Associate Planner
MAC:em
Attach:
Map (Final & Tentative)
Resolution No. 2272
cc Resolution No. 85-63
Community Development Deparlment
.PARCEL MAP NO. 85-212
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RESOLUTION NO. 2272
A RESOLUTION OF THE PLANNING COMMISSION OF TNE CITY OF TUSTIN,
RECOMMENDING APPROVAL OF FINAL PARCEL MAP 85-212 LOCATED AT
NORTHWESTERLY CORNER OF RED RILL AVENUE AT BELL AVENUE.
The Planning Commission of the City of Tustin does hereby resolve as
follows:
I. The Planning Commission finds and determines as follows:
Ao
That Final Parcel Map No. 85-212 was submitted to the Planning
Commission pursuant to Ordinance No. 847 by Williamson and
Schmid on behalf of Birtcher Campbell Properties for the purpose
of subdividing two lots into three lots for the property known
as a portion of Lot One Tract 7721 per map filed in Book 347,
pages 35 and 36 of Miscellaneous Maps; together with Parcel Two
of Parcel Map No. 76-84 per map filed in Book 86, page 36 of
Parcel Maps; Records of Orange County.
Bo
That said map is in conformance with the Tustin Area General
Plan.
That this project is categorically exempt from the requirements
of the California Environmental Quality Act. '
The final map is in substantial compliance with the tentative
map.
II.
The Planning Commission hereby recommends to the City Council
approval of Final Parcel Map No. 85-212 subject to the final approval
of the City Engineer.
PASSED AND ADOPTED at a regular meeting of the Tustin Planning Commission,
held on the day of , 198
KATHY WEIL,
Chairman
DONNA ORR,
Recording Secretary
Report to the
Planning Commission
ITEM NO. 3
DATE:
SUBJECT:
APPLICANT:
LOCATION:
OCTOBER 14, 1985
AMENDlqENT TO CONDITION 19 OF PARCEL MAP 84-1032,
TUSTIN AUTO CENTER
THE IRVINE COMPANY
APPROXIHATE LOCATION OF AREA IS BOUNDED BY THE I-5 FREEWAY ON THE
SOUTH, BROWNING AVENUE ON THE NEST, BRYAN AVENUE ON THE NORTH AND
MYFORD AVENUE ON THE EAST.
REQUEST:
TO NqEND THE OCTOBER 15, 1985 COMPLETION DATE FOR THE EL MODENA
CHANNEL IMPROVEMENTS DETAILED IN CONDITION NO. 19 OF PARCEL PAP
84-1032.
BACKGROUND:
On January 14, 1985, the Planning Commission adopted Resolution No. 2207
recommending that Parcel Map 84-1032 be approved by the City Council. The City
Council approved this parcel map .at its January 21, 1985 meeting, by the
adoption of Resolution No. 85-11.
In keeping with the recommendation of flood studies prepared for the
environmental impact report, a condition was added to the map that detailed
certain off-site improvements to the E1 Modena Flood Channel. These
improvements included:
a) removal of the bridge structure located at 2121-2125 Bryan Avenue; and
b)
the reconstruction of the box .culvert at the Bryan Avenue undercrossing
easterly of Browning Avenue to the satisfaction of the City Engineer.
These improvements were to commence prior to or concurrent with the issuance of
building permits, and were to be completed by October 15, 1985. Section {a) has
been completed, but Section (b) will not be completed by October 15, 1985. The
Irvine Company is requesting that this October 15, 1985 date be amended to May
15, 1986.
DISCUSSION:
In evaluating this request, the main issues, that surface include the timetable
for improvements to the channel in accordance with the map condition, and the
impact on the drainage system in the area by improvements to the Auto Center and
Phase I site.
Community Development Deparlment
Planning Commission
Auto Center
page two
Enclosed with this staff report is a letter from The Irvine Company outlining
the process involved to construct improvements to the E1 Modena Channel.
Briefly, in order to optimise retail development in the Mixed Use area east of
the Auto Center, it was determined that the E1 Modena Channel should be
relocated adjacent to the Tustin Auto Center. This new alignment of the channel
has impacted the scope of improvements and the schedule for constructing the
improvements. Although the County is not concerned with the new location of the
channel, processing the plans for approval through the County has been difficult
and has caused delays. Plans have been submitted to the County and still are
being processed through the O.C.E.M.A: for approval.
In order to meet the Tustin Auto Center/Phase I residential flood control
requirements, The Irvine Company, working with the City Engineer, propose the
following program:
1. Obtain permits and construct an interim earth channel approximately 470
feet westerly of the existing E1 Modena Channel, along the easterly
boundary of the Auto Center.
2. Start construction on the ultimate facilities for the bridge and channel
sections at Bryan Avenue and E1Camino Real, when the bypass is complete.
3. Grade, construct and open an interim channel from Bryan Avenue to the
connection near the Santa Ana freeway.
By relocating the interim earth channel, the construction of these interim
facilities and channel undercrossings at Bryan Avenue and E1 Camino Real would
be in a dry condition, and not subject to the O.C.E.M.A. restriction on channel
work after October 15th. The Company anticipates that the permit to start this
construction can be secured by October 31, 1985. They further anticipate that
all improvements can be completed, barring unforeseen problems, by April, 1986.
The Company'is requesting, with a reasonable contingency, that Condition No. 19
be altered from a completion date of October 15, 1985 to May 15, 1986.
Although the undercrossing of Bryan Avenue will be an ultimate facility and meet
the intent of Condition No. 19{b), the remaining channel is an interim earth
facility, and O.C.E.M.A. will not accept or maintain the channel. They will not
accept this responsibility until the ultimate channel is completed; and this is
scheduled to occur with the formation of the assessment district. It will be
the responsibility of the city to assume the maintenance/liability of this
interim facility. Since this proposal comes from The Irvine Company, the
financial/operational responsibilities of the maintenance program should not be
borne by the city. It is recommended that The Irvine Company, through an
agreement with the city, be responsible financially and operationally for said
responsibilities.
Community Development Department
Planning Commission
Auto Center
page three
The other issue is the impact of improvements in the area without the
construction of the box culvert under Bryan Avenue. The approvals of the Auto
Center and Phase I covered an area approximately bounded by Browning Avenue,
Bryan Avenue, the I-5 freeway, and the eastern boundary of the Auto Center. To
this date, the Auto Center site has been rough graded and bermed and Phase I is
being rough graded and bermed to the railroad berm. No grading has taken place
west of the berm.
The current assessment of drainage conditions in the area is drawn from the
flood control report prepared by Robert Bien William Frost & Associates (RBF)
for the environmental impact reports done for each project. A representative
from RBF will be at the Commission meeting to further elaborate on this subject.
According to the report, the removal of the bridge adjacent to Bryan Avenue
increased the conveyance of the channel from 700 cbs to 1350 cfs. This measure
will reduce the frequency of flooding along Browning Avenue. Eliminating the
two restrictions causes a reduction in the flooding depth that the residents
along Browning Avenue will experience.
The report goes on to say that creating a berm around the Auto Center site
displaces the greatest volume of water because of the location of the natural
sump in the south east corner. The volume displaced by this project amounts to
76 acre feet which creates a five-inch rise in water surface in surrounding
areas. The influence of this rise in water surface level would extend westerly
to the existing railroad embankment where existing topographic features will
prevent the spread of flood water. According to this report, the grading and
berm of the Auto Center will not affect the flooding potential in existing
residential areas, which are west of the railroad embankment.
Currently, no grading has been allowed west of the railroad embankment.
According to the exhibits enclosed, this area is the main storage for shallow
flooding conditions, with areas east of the embankment left unaffec:ed by the
flood water. Preventing grading west of the railroad embankment should serve
the purpose of leaving the surrounding area in the same state of flood potential
as in previous years. In reality, the removal of the bridge as a restriction
should improve conditions in the area by reducing the flooding depth along
Browning.
Although staff cannot condition the Auto Center parcel map to prevent grading in
another tract, the tract in question {no. 12345) has a condition {no. 30) which
prevents the issuance of a grading plan until a storm drain phasing plan has
been prepared and submitted by The Irvine Company and approved by the City
Engineer. This plan has been completed by the Company and reviewed by the City
Engineer. It is the determination of the City Engineer that no grading should
take place west of the railroad embankment, until the interim channel with the
box culvert under Bryan Avenue has been completed.
Community Development Department
Planning Commission
Auto Center
page four
It must be noted that even with the required off-site improvement, the E1Modena
Channel will still be under capacity for areas north of Bryan/Browning, through
the project area, and south of the I-5 freeway. The proposed assessment
district will cause the channel to be improved to ultimate capacity for the
project area, approximately from Bryan/Browning to the Santa Aha Freeway (I-S),
yet the berms must stay in place until ultimate channel improvements are made
within the upper tributaries of the channel. To quote RBF's report: "At the
present time, there is no advantage to constructing ultimate channel
improvements for the reach adjacent to the project since no measurable level of
increased flood protection would be achieved due to the under-capacity of
existing channel facilities in the upper reaches of the watershed."
RECOI~4ENDAT]ON:
Staff recommends that the Planning Commission, by the adoption of Resolution
No. 2275, recommend to the City Council that Condition 19 of Parcel Map 84-1032
be amended and that the completion date be set at May 15, 1986 instead of
October 1S, 1985, subject to the following additions to Condition No. 19.
1. That The Irvine Company pursue with all speed the O.C.E.M.A. approval of
alignment change, geometric configuration of channel, hydraulic design,
construction drawings for ultimate undercrossings at Bryan Avenue and at
E1 Camino Real, and issuance of construction permits for channel by'pass
construction at Bryan Avenue.
o
That city approval of interim earth channel improvements shall not be
included in Assessment District reimbursement.
That The Irvine Company shall execute an agreement between The Irvine
Company and city of Tustin for said interim channel improvements, wherein
The 1trine Company will be responsible for all maintenance of said
channel, liability resulting from said channel and all silt removal
downstream of said channel which is determined to originate from said
earth channel. ·
~EDl~ARD M: KNIGHT,
Senior Planner
EK:do
eric.: Irvine Co. letter dated Oct. 1, 1985
Memo from Bob Ledendecker, dated Oct. 8, 1985
exhibits
Community Development Department
IRVlN COMMUNITY
DEVELOPMENT COMPANY
October l, 1985
Mr. Donald Lamm
Director of Community Development
City of Tustin
300 Centennial Way
Tustin, California 92680
Re: Tentative Parcel Map 84-1032 (Tustin Auto Center)
Tentative Tract Map 12345 (Phase I Residential)
Dear Don:
As you know during the time since approval of Tentative Parcel Map 84-1032
and Tentative Tract Map 12345 we have been working with the County of Orange
and Bob Ledendecker, the City Engineer, in regards to the improvements to
the E1Modena Channel. During this process a number of changes have occurred
to the work program and schedule to make the required improvements.
In evaluating the future retail development opportunities in the mixed use
area it was determined that the relocation of the E1Modena Channel adjacent
to the Tustin Auto Center was the best ultimate alignment. This allows the
mixed use area to be planned for optimal use in a manner beneficial to both
The Irvine Company and the City of Tustin. The enclosed map illustrates
the new planned channel location. The County of Orange, who will ultimately
maintain the channel, has been reviewing our studies and have not expressed
any concerns with the new channel alignment.
Unfortunately, the new alignment of the channel has impacted the scope of
improvements and the schedule for constructing the improvements. The processing
for approval of the improvements with the County of Orange has also been
difficult and has delayed us significantly. The county has just recently
agreed to check the construction plans which they have had since June.
In an effort to meet the Tustin Auto Center/Phase I Residential project's
flood control requirements and the county requirements, we have, along with
Bob Ledendecker, worked out the following program.
Obtain permits to construct a bypass of the existing channel to allow
construction of the Bryan Avenue crossing. The same permit would allow
a tie in of the future channel near the freeway. This will allow the
existing channel to remain operational until the new alignment of the
channel is complete. It will also allow work on the new channel facilities
to proceed into the rainy season after October 15th.
550 Newpod Center Drive, P.O, Box I, Newpod Beach, California 92658-8904 (714) 720-2000
A Division of The Irvine Company
Letter, Mr. Lamm
October l, 1985
Page Two
2. Start construction of the bridges and channel section at Bryan Avenue
and E1 Camino Real when the bypass is complete.
3. Grade, construct and open an interim channel from Bryan Avenue to the
connection near the Santa Ana freeway.
The attached schedule outlines the dates for processing and construction.
Unfortunately, the work program for the channel and the processing has taken
longer than anyone anticipated and it is not possible to complete the
modifications to the channel as specified in condition #19 of the Conditions
of Approval for Tentative Parcel Map 84-1032. As you know, that condition
required removal of the bridge structure along Bryan Avenue (which has been
completed) as well as reconstruction of the box culvert undercrossing at
Bryan Avenue by October 15, 1985.
The attached schedule is current and contains our most optimistic thinking
with no contingency for delays due to rain or unforseen processing problems
with the county. In conjunction with this schedule and a reasonable contingency
we request that Condition #19 of the Conditions of Approval for Tentative
Parcel Map 84-1032 be amended to change the completion date from October
15, 1985 to May 15, 1986.
It has always been our intent that the interim channel improvements be completed
as soon as possible. This is still our goal. We feel that the work program
identified in this letter is the first step towards completing regional flood
control improvements.
We think you will agree that it is critical that this matter be heard before
the Planning Commission prior to October 15, 1985. If there is anything
we can do to help you expedite this matter please let us know.
Sincerely,
THE IRVINE COMMUNITY DEVELOPMENT COMPANY
Michael C. Ellis
Vice President,
Land Development
®
10.
Pro3ect
Submtt project report and tntertm
channel plans to county.
Met with county to review report
and interim channel plans.
Received county coneents, revise
and resubmit report.
Received county conmmnts, revise
and resubmit report.
Submit permit application for
temporary bypass channel.
Receive county comments, revise
and resubmit report.
Start county review of interim
plans.
County approval of project report.
County approval of permit for
bypass channel and start construction.
City approval Of bridge plans for
Bryan Avenue and E1Camino Real
Start constructionof Br~an Ave.
and E1Camino Real .bridges.
12. County approval of.Interim
channel 'Flans
13. Complete construction
of brfdges
14.
15.
Start interim channel
improvements
Complete and open interim
channel.
Date
June, 1985
July, 1985
August, 1985
September, 1985
September, 1985
October 3, 1985
October 7, 1985
October 31, 1985
October 31, 1985
November, 1985
November,:1985
_Oeeember, 1985
February, 1986
February, 1986
April, 1986
Status
Compl ere
Compl ere
Complete
Complete
Complete
Complete
Complete
In Process
Permit in
Process
Plans .in
Process
Plans in
Process
DATE:
OCTOBER 8, 1985
Inter- Com
TO:
DON LAMM, COMMUNITY DEVELOPMENT DIRECTOR
FROM:
BOB LEDENDECKER, DIRECTOR OF PUBLIC WORKS/CITY ENGINEER
SUBJECT: PARCEL MAP NO. 84-1032
BACKGROUND:
The following is a recap of past City actions pertaining to Parcel Map No. 84-1032
(Tustin Auto Center):
January 14, 1985
Planning Commission adoption of Resolution No. 2207
recommending approval of Tentative Parcel Map No.
84-1032 as conditioned.
January 21, 1985
- City Council adoption of Resolution No. 85-11 approving
Tentative Parcel Map No. 84-1032 as conditioned.
June 10, 1985
Planning Commission adoption of Resolution No. 2245
recommending approval of Final Parcel Map No. 84-1032
as conditioned.
June 17, 1985
- City Council adoption of Resolution No. 85-87 approving
Final Parcel Map No. 84-1032.
The Irvine Company, subdivider of the properties within Parcel Map No. 84-1032,
have requested an amendment to Condition No. 19 of Parcel Map No. 84-1032.
Condition No. 19 reads as follows:
Modifications to improve flood control capabilities of the E1Modena-
Irvine Flood Control Channel consisting of:
a. Removal of bridge structure located at 2121-2125 Bryan Avenue.
The reconstruction of the box culvert at the Bryan Avenue under-
crossing easterly of Browning Avenue to the satisfaction of the
City Engineer.
Said modifications shall be commenced prior to or concurrently with the
issuance of building permits for any structures in the project area with
completion on or prior to October 15, 1985.
The Irvine Company is requesting an amendment to the above mentioned Condition
No. 19. As of the writing of this memo, the scope of the amendment has not been
defined in writing by The Irvine Company.
PARCEL MAP NO. 84-1032
OCTOBER 8, 1985
PAGE 2
DISCUSSION:
At the time of the final parcel map approval when Condition No. 19 was applied,
The Irvine Company plan was to make the required improvements to the E1
Modena-Irvine Channel undercrossing of Bryan Avenue within the existing alignment
of the facility. Hence, the completion dates of October 15th were applied as
requirements of the Orange County Environmental Management Agency (O.C.E.M.A.) or
Flood Control District. These requirements do not allow any substantial
reconstruction/work within a major waterway between October 15th and April 15th
under normal circumstances.
Since the initial parcel map approval, The Irvine Company has opted to realign the
E1Modena-Irvine Channel approximately 470 feet westerly to the easterly edge of
the Auto Center. This relocation will provide the following:
Composite land mass between the Channel and Myford Road for improved
land use and development.
Potential for constructing channel undercrossings at Bryan Avenue and
E1 Camino Real in a dry condition, which would not be subject to the
O.C.E.M.A. construction date restrictions.
As of this date, The Irvine Company has completed a portion of Condition 19. This
completed portion is Section "a", which consists of the removal of the bridge
structure located at 2121-2125 Bryan Avenue. In addition to this removal, The
Irvine Company has also removed the abandoned A.T. and S.F. Railroad bridge across
the channel which also served as a constriction to storm flows.
Due to the realignment of the channel, Condition 19b has not been commenced.
Plans are still being processed through O.C.E.M.A. for approval. The major
components of the project approval are as follows:
Change of alignment
Geometric configuration of channel
Hydraulic design
Issuance of permit for channel bypass construction
Construction drawings
Until these approvals/confirmations have been received from O.C.E.M.A. the Bryan
Avenue undercrossing can not be commenced.
The Irvine Company proposes to construct an interim earth channel between Bryan
Avenue and the I-5 Freeway as well as the ultimate facilities at the Bryan Avenue
and E1 Camino Real undercrossings. The O.C.E.M.A. will not accept/maintain an
interim earthen facility due to their major concerns pertaining to erosion and
silt deposition downstream. In order to build this interim facility it will be
necessary for the City to assume the maintenance/liability of the interim earthen
channel, as well as the responsibility for all downstream silt removal resulting
from said interim channel. The financial/operational responsibilities of the
maintenance program should not be borne by the City, therefore, it is suggested
that The Irvine Company, through an agreement with the City, be responsible
financially and operationally for said responsibilities.
TENTATIVE PARCEL MAP NO. 84-1032
OCTOBER 8, 1985
PAGE 3
The realignment of the E1Modena-Ir¥ine Channel creates an additional problem with
respect to the timing and construction of E1Camino Real (Laguna Road) as it
relates to crossing the existing E1Modena-Irvine Channel. This existing channel
cannot be abandoned/removed until such time the ultimate realigned channel is
completed by Assessment District construction and accepted by the O.C.E.M.A., or
until an adequate crossing facility is in place. The original committed schedule
for the completion of E1 Camino Real was January 1, 1986. The earliest feasible
date for completion under the proposed scenario is April 1, 1986 dependent upon
approvals of O.C.E.M.A.
All discussions regarding the channel realignment and interim improvements have
been based upon the formation of an Assessment District (No. 85-1) which would
provide funding for the ultimate channel improvements as well as other
infrastructure improvements. The final formation of the Assessment District is
currently underway and it is estimated to be in place and bond sale completed
after the first of the year, about two months after the certification of the East
Tustin Specific Plan EIR. In the event the certification of the East Tustin EIR
is delayed, the funding vehicle for and construction of the ultimate E1
Modena-Irvine Channel improvements will also be delayed accordingly. This could
extend the City's responsibility for maintenance on the interim channel
improvements for an indefinite period of time.
In the event Condition 19b of Planning Commission Resolutions No. 2207 and 2245
are amended, the following pertinent requirements should be completed prior to any
amendment:
O.C.E.M.A. approval of alignment change, geometric configuration of
channel, hydraulic design, construction drawings for ultimate
undercrossings at Bryan Avenue and at E1 Camino Real, and issuance of
construction permits for channel by-pass construction at Bryan Avenue.
2. City approval of interim earth channel improvements, which would not be
included in Assessment District reimbursement.
Execution of Agreement between The Irvine Company and City of Tustin for
said interim channel improvements, wherein The Irvine Company would be
responsible for all maintenance of said channel, liability resulting from
said channel and all silt removal downstream of said channel which is
determined to originate from said earth channel.
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Director of Public Works/City Engineer
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ITEM NO. 4
Planning Commission
DATE:
SUBJECT:
APPLICANT:
LOCATION:
ZONING:
ENVIRONMENTAL
STATUS:
REQUEST:
OCTOBER 14, 1985
USE PERMIT 85-25
RICARDO CAPREI-I'A ON BEHALF OF THE PARAGON GROUP
NORTHWESTERLY CORNER OF RED HILL AND WARNER AVENUES (15991 RED
HILL AVENUE, SUITE 210)
PLANNED COI~4UNITY INDUSTRIAL/BUSINESS
A NEGATIVE DECLARATION WAS PREVIOUSLY APPROVED FOR THIS PROJECT
AUTHORIZATION FOR STEVEN MORRISON, ATTORNEY, TO OCCUPY SUITE 210
AT 15991 RED HILL
RECOMMENDATION:
Approve Use Permit 85-25 by the adoption of Resolution No. 2273.
PROJECT ANALYSIS:
On January 7, 1985, the City Council adopted Ordinance
properties at 15901, 15941 and 15991 Red Hill from
Industrial to the Planned Community/Industrial Business.
925 which rezoned the
the Planned Community
This zone change not only allows industrial uses but also allows additional uses
such as: professional office, general offices, retail uses and general
services. Any proposal, except industrial uses, requires a Conditional Use
Permit.
Steven Morrison, Attorney, is requesting authorization to occupy Suite 210 at
15991 Red Hill Avenue. The proposed size of the suite is 752 square feet.
The Paragon Group is adopting a strategy which applies to the present and future
tenants to assure a "balance" in the center in order not to create any negative
crowding or traffic impacts. The following employee counts and parking spaces
are provided to substantiate this information.
Community Development Department
Planning Commission Report
October 14, 1985
page two
Existing:
Square
Feet
Actual Parking
Employee Spaces
Count Available
Davcon 10,932 18 44
G.I.C.U. 10,020 35 40
R.B. Allen 6,029 12 24
Glasrock 10,862 37 44
NBI 12,709 42 51
Waite 2,270 7 9
Far West 8,188 34 32
David Bailey 3,233 9 13
(12)
(7)
(9)
(2)
-1
(4)
194 257 (64)
Proposed:
Steven
Morrison
760
3 3
197 260
(64)
Mr. Capretta is also requesting that a blanket use permit be approved for the
remainder of the square footage left in the project (please see attached
correspondence). Only 12,000 square feet remain and according to the parking
count, the center has a surplus of 64 parking spaces. Therefore, in order to
avoid time delays for small tenants, staff recommends that this request be
granted subject to the following condition: When a tenant takes possession of
an area, a Certificate of Occupancy be issued by the Community Development
Department and our records be updated to track the information regarding the
square footage, actual employee count and parking spaces available.
MAE~Y AN~ CHAMBERLAIN
AS'sociate Planner
MAC:em
Enclosures:
Resolution No. 2273
Site Plan
Correspondence
Community Development Deparlment
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RESOLUTION NO. 2273
A RESOLUTION OF THE PLANNING COMMISSION OF THE
CITY OF TUSTIN, APPROVING USE PERMIT 85-25
WHICH AUTHORIZES STEVEN C. MORRIgON TNE RI~T
TO OCCUPY SUITE 210 AT 15991 RED HILL AVENUE
The Planning Commission of the City of Tustin does hereby resolve as
follows:
I. The Planning Commission finds and determines as follows:
Ae
That a proper application, (Use Permit No. 85-25) has been filed
on behalf of Steven C. Morrison requesting authorization to
occupy Suite 210 at 15991 Red Hill Avenue in the Planned
Community Industrial/Business District.
That a public hearing was duly called, noticed and held on said
application.
Co
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. The use is in conformance with the Zoning Ordinance and
Tustin Area General Plan.
2. There is adequate parking available for this use.
Do
That the establishment, maintenance, and operation of the use
applied for will not be injurious or detrimental to the property
and improvements in the neighborhood of the subject property,
nor to the general welfare of the City of Tustin, and should be
granted.
Proposed development shall be in accordance with the development
policies adopted by the City Council, Uniform Building Codes as
administered by the Building Official, Fire Code as administered
by the Orange County Fire Marshal and street improvement
requirements as administered by the City Engineer.
F. A Negative Declaration was previously approved for this project.
G. Final development plans shall require the review and approval of
the Community Development Department.
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Resolution No. 2273
page two
II.
The Planning Commission hereby approves Use Permit No. 85-25 to
authorize the occupancy of Steven C. Morrison, Attorney, in Suite 210
at 15991 Red Hill Avenue.
PASSED AND ADOPTED at a regular meeting of the Tustin Planning Commission,
held on the day of , 198
RONALD H. WHITE,
Chairman
DONNA ORR,
Recording Secretary
PARAGON
September 24, 1985
Ms. Maryann Chamberlain
City of Tustin
Planning Department
300 Centennial Way
Tustin, CA 92680
Dear Maryann:
As we discussed, I am submitting an application for the
October 14th meeting for Steven C. Morrison. Mr. Morrison is
an attorney. He will be occupying 752 Square feet and has
three employees. His use poses no negative impacts at the
Warner/Red Hill Business Center.
Under this same Use Permit Application, I would like the City
of Tustin to consider a proposal. We have approximately
12,000 square feet of small multi-tenant office space left at
the project. We do not anticipate any user over the size of
3500 square feet. As was discussed in previous Use Permit
Applications, the parking count is lower than the 4:1 ratio
provided at the project. The proposal I am making to the City
is to waive any future Use Permit requirements for tenants
that qualify under the above description. My reasoning is
twofold: 1) this Use Permit process is an ineffective use of
time and resources for both the City and Paragon and 2) it
delays the occupancy of small tenants which effects the
leasing program at the project.
Paragon Group
Pacific Mutual Building 523 West Sixth Street Suite 515 Los Angeles California 90014
Dallas St Louis Charlotte Tampa Houston Los Angeles
(213) 488 1396
Ms. Maryann Chamberlain
September 24, 1985
Page 2
I hope you will agree with my proposal. Please call if you
have any questions. I am attaching the following
documentation for the Use Permit approval process:
-Application
-Campaign Contributions Statement
-Owner's Affidavit
-Owner's List within a 300-foot radius & Labels
-Grant Deed Restrictions
-Site Plan
Thank you for your consideration.
your distribution.
Sincerely,
Ricardo L. Capretta
Project Manager
Five sets are attached for
RLC: gp
Enclosures
ITEM NO. 5
Plannin
DATE:
SUBJECT:
APPLICANT
& PROPERTY
OWNER:
LOCATION:
ZONING:
ENVIRONMENTAL
STATUS:
.g Cc)remission
OCTOBER 14, 1985
VARIANCE 85-7
REQUEST:
MR. AND MRS. EMIL BECKER
14302 CHERRYWOOD LANE
PLANNED COMMUNITY RESIDENTIAL
THE PROJECT IS CATEGORICALLY EXEMPT FROM THE REQUIREMENTS OF THE
CALIFORNIA ENVIRONMENTAL QUALITY ACT
AUTHORIZATION TO CONSTRUCT A SWIMMING POOL WHILE VARYING WITH THE
5 FOOT SIDEYARD-SETBACK REQUIREMENT
RECOMMENDATION:
Approve Variance 85-7 by the adoption of Resolution No. 2274.
PROJECT ANALYSIS:
The applicants are requesting authorization to vary with the S foot
sideyard-setback requirement in order to construct a swimming pool. The pool is
not a typical recreation pool but a. lap or exercise pool which will be used for
therapeutic purposes. The doctor has prescribed this kind of treatment for
Mrs. Becket.
The proposed pool will not have an adverse impact upon the adjoining property
because there is an adjacent 5 foot easement area which has to remain free and
clear of any structures. This easement area is on the adjoining lot between the
edge of the proposed pool {the property line) and the neighbor's wall. If the
patio homes had been constructed and subdivided as zero lot line homes, this
pool would not have been a variance. Instead, 5 foot free and clear areas were
left on each side o.f the structures.
The conditions of approval and the findings for granting the variance are all
listed in Resolution No. 2274.
MARY, ANN CH'AMBERLAIN
Associate Planner
MAC:em
Enclosures: Resolution No. 2274, Site Plan
Community Development Department
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Planning
follows:
RESOLUTION NO. 2274
A RESOLUTION OF THE PLANNING COMMISSION OF THE
CITY OF TUSTIN, APPROVING VARIANCE 85-7 FOR THE
PROPERTY AT 14302 CHERRYWOOD LANE
Commission of the City of Tustin does hereby
resolve as
The Planning Commission finds and determines as follows:
That a proper application, (Variance No. 85-7) , was filed by
Mr. and Mrs. Emil Becker, requesting authorl-T~-tion to vary with
the 5 foot sideyard-setback requirements for the property at
14302 Cherrywood Lane.
That a public hearing was duly called, noticed and held on said
application.
That because of special circumstances applicable to the subject
property, relative to size, shape, topography, location or
surroundings, a strict application of the Zoning Ordinance is
found to deprive subject property of privileges enjoyed by other
properties in the vicinity and under identical zone
classification, evidenced by the following fihdings:
1. The use is in conformance with the land use element of the
Tustin Area General Plan.
2. The variance will be of a health benefit for the owner.
The use will have no adverse impact upon the adjoining
property because there is a 5 foot easement area which has
to remain free and clear of any structures. This easement
area is on the adjoining lot line between the edge of the
proposed pool (property line) and the neighbor's wall.
That the granting of a variance as herein provided will not
constitute a grant of special privilege inconsistent with the
limitations upon other properties in the vicinity and district
in which the subject property is situated.
E. That this project is categorically exempt from the requirements
of the California Environmental Quality Act.{Class II.)
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That the granting of the variance as herein provided will not be
contrary to the intent of the Zoning Ordinance or the public
safety, health and welfare, and said variance should be granted.
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Resolution No. 2274
Page two
Go
Proposed development shall be in accordance with the development
policies adopted by the City Council; Unform Building Codes as
administered by the Building Official; Fire Codes as
administered by the Orange County Fire Marshal; and street
improvement requirements as administered by the City Engineer.
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Final development plans shall require the review and approval of
the Community Development Director.
II.
The Planning Commission grants a variance as applied for, to
authorize the construction of a pool while varying with the 5 foot
sideyard-setback requirement subject to the following conditions:
1. Require survey stakes at property line for locating pool.
2. Pool must be located entirely on owner's property. No
construction can be approved crossing property line.
3. Any existing electrical conductors, outlets and lights will be
required to meet the 1984 electrical code chapter 680.
4. Equipment location will have to conform to code requirements.
Any missing or damaged ~treet improvements shall be installed or
replaced. A refundable cash bond of $500.00 shall be posted
prior to issuance of permit.
Compliance with Uniform Swimming Pool Code (Ordinance No. 770
and 835 as amended).
PASSED AND ADOPTED at a regular meeting of the Tustin Planning Commission,
held on the day of , 198
KATHY WEIL,
Chairman
DONNA ORR,
Recording Secretary
!;
res~denc e
'- Repor~ to ~he
Pla~nning Commission
DATE:
OCTOBER 14, 1985
SUBJECT:
ORAL REPORT CONCERNING FIRST STREET SPECIFIC PLAN:
OCTOBER 24, 1985 TOWN HALL MEETING.
PRESENTATIOn:
DONALD D. LAMM, DIRECTOR OF COMMUNITY DEVELOPMENT
, Community Dcv¢lopmcn~ Dcparxm,
Plonnin Commission
October 14, 1985
SUBJECT: REPORT ON COUNCIL ACT[O#S - October 10, 1985
Oral presentation to be gtven by Donald O. Lam, Dtrector of Commnlty
Development
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Attachments: City Council Actton Agenda - October 10, 1985
Community Development Department