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Home My WebLink AboutPlanning Reports #1 11-02-87 · :. REPORTS · '' TUSTI] PBIIIIG IISSIO] REGUL~ ~I~G O~OBER 26, 1987 CALL TO ORDER: 7:30 p.m., City Council Chambers PLEDGE OF'ALLEGXA#CE/X#VOCATI0# ROLL CALL: PRESENT: Puckett, iietl, Baker, Le ~eune, Pontious PUBLIC CO#CERNS: (Limited to 3 minutes per person for items not on the agenda) IF YOU WISH TO SPEAK TO THE COMMISSION ON A SUBJECT, PLEASE FILL OUT THE CARDS LOCATED ON THE SPEAKER'S TABLE. ALSO, PLEASE GIVE YOUR FULL NAME AND ADDRESS FOR THE RECORD. CONSENT CALENDAR: (ALL MATTERS LISTED UNDER CONSENT CALENDAR ARE CONSIDERED ROUTINE AND WILL BE ENACTED BY ONE MOTION. THERE WILL BE NO SEPARATE DISCUSSION OF THESE ITEMS PRIOR TO THE TIME OF THE VOTING ON THE MOTION UNLESS MEMBERS OF THE COMMISSION, STAFF OR PUBLIC REQUEST SPECIFIC ITEMS TO BE DISCUSSED AND/OR REMOVED FROM THE CONSENT CALENDAR FOR SEPARATE ACTION.) 1. Minutes of October 12, 1987 Plannin9 Commission Meeting C--tstoner Le Jeune moved, Baker seconded to approve the minutes of the October 12, 1987 ,eettng. ~otlon carrted 5-0. PUBLIC HEARINGS 2. Use Permit 87-23 APPLICANT: KAL GHOSN 171E. YORBA LINDA BOULEVARD PLACENTIA, CALIFORNIA 92670 OWNER: LA FAYETTE PARTNERS 3111 N. TUSTIN AVENUE ORANGE, CALIFORNIA 92665 LOCATION: 13011 NEWPORT AVENUE, PLAZA LAFAYETTE, UNIT 113 ZONING: C-2 CENTRAL COMMERCIAL ENVIRONMENTAL STATUS: CATEGORICALLY EXEMPT, CLASS I REQUEST: AUTHORIZATION FOR AN ON-SITE BEER AND WINE LICENSE IN CONJUNCTION WITH A GREEK RESTAURANT. RESOLUTION NO. 2447 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF TUSTIN, AUTHORIZING A BEER AND WINE LICENSE FOR ON-SITE AND OFF-SITE (TYPE 41) SALES AT 13011 NEWPORT AVENUE. Planning Commission Action Agenda October 1987 Page two Presentation: Jeffrey Davis, Senior Planner C__flmmisstoner Puckett moved, Ponttous seconded to approve Use Perurit No. 87-23 by the adoption of Resolution No. 2447. Motion ca~;ed 5-0. 3. Use Permit 87-21 APPLICANT: MR. DAVID JOHNSON ON BEHALF OF DAVIOS RESTAURANT OF TUSTIN 13572 NEWPORT AVENUE TUSTIN, CALIFORNIA OWNER: TUSTIN VILLAGE INVESTMENTS 2349 WESTWO00 BOULEVARD LOS ANGELES, CALIFORNIA LOCATION: 13572 NEWPORT AVENUE ZONING: PC-C: PLANNED COMMUNITY COMMERCIAL ENVIRONMENTAL STATUS: CATEGORICALLY EXEMPT, CLASS 1 REQUEST: AUTHORIZATION FOR ON-SITE SALES OF GENERAL LIQUOR {LICENSE TYPE NO. 47) IN CONJUNCTION WITH A RESTAURANT USE RESOLUTION NO. 2443 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF TUSTIN, AUTHORIZING USE PERMIT 87-21 FOR ON-SITE SALES OF GENERAL LIQUOR (TYPE 47) IN CONJUNCTION WITH A RESTAURANT USE AT 13572 NEWPORT AVENUE Presentation: Laura Cay Pickup, Associate Planner C___~_~tsstoner Puckett moved, Le deune seconded to to approve Use Peruflt No. 87-21 by the adoption of Resolution No. Z443. Ftotlon carrted 5-0. 4. Use Permit 87-24 APPLICANT: TAIT AND ASSOCIATES ON BEHALF OF CIRCLE K CORPORATION gO00RANGEFAIR LANE P.O. BOX 4425 ANAHEIM, CA 92803 OWNER: THRIFTY OIL COMPANY 10000 LAKEWOOD BLVD. DOWNEY, CA 90240 LOCATION: 14121 NEWPORT AVENUE AT MITCHELL ZONING: C-1: RETAIL COMMERCIAL ENVIRONMENTAL STATUS: A NEGATIVE DECLARATION HAS BEEN FILED IN CONFORMANCE WITH THE CALIFORNIA ENVIRONMENTAL QUALITY ACT. REQUEST: TO DEMOLISH AN EXISTING 240 SQUARE FOOT CASHIER'S BOOTH AND CONSTRUCT A 2680 SQUARE FOOT MINI-MARKET IN CONJUNCTION WITH AN EXISTING RETAIL GASOLINE SERVICE STATION. Planning Commission Action Agenda October 26, 1987 Page three RESOLUTION NO. 2445 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF TUSTIN, AUTHORIZING CONSTRUCTION OF A 2,680 SQUARE FOOT MINI-MARKET IN CONJUNCTION WITH A RETAIL GASOLINE SALES STATION AT 14121 NEWPORT AVENUE. Presentation: Laura Cay Pickup, Associate Planner Commissioner Baker moved, Le deune seconded to approve Use Permit 87-24 by the adoption of Resolution No. 2445 with the following change in Exhibit A, Page t~o, Item 1.10 F. the words 'Irvtne Company' are replaced with the word 'developer'. Motion carried 5-0. 5. SAN DIEGO PIPELINE - EIR 87-2/SCH # 87080511 APPLICANT: SAN DIEGO PIPELINE COMPANY Presentation: Christine Shtngleton, Director of Community Development Commissioner Baker moved, Puckett seconded to record the public testimony taken at thls meeting; direct staff to respond as necessary to public testimony received; and to transmit to the City Council Draft EZR 87-2. Motion carried 5-0. OLD BUSINESS 6. OLD TOWN HISTORIC/CULTURAL RESOURCES STUDY Presentation: Christine Shtngleton, Director of Community Development aissioner #etl moved, Le Jeune seconded to instruct staff to schedule a workshop to discuss the proposed amendments with residents and property owners in the Old Town Area and to incorporate changes in the proposed amon~nent discussed at this meting prior to that workshop. Motion carried 5-O. NEW BUSINESS STAFF CONCERNS 7. City Council Actions Taken on October 19, 1987 Meeting Presentation: Christine Shingleton, Director of Community Development COMMISSION CONCERNS ADJOURNMENT At 9:55 p.m. the Commission adjourned to the November 9, 1987 Planning Commission Meeting at 7:30 p.m. by unanimous informal consent. AGENDA TUST[N PLANNING COHH]~S$ION REGULAR HEETING OCTOBER 26, 1987 CALL TO ORDER: 7:30 p.m., City Counct1 Chambers PLEDGE OF ALLEGIANCE/INVOCATION ROLL CALL: Puckett, Wet1, Baker, Le Jeune, Ponttous PUBLIC CONCERNS: (Limited to 3 minutes per person for items not on the agenda) IF YOU WISH TO SPEAK TO THE COMMISSION ON A SUBJECT, PLEASE FILL OUT THE CARDS LOCATED ON THE SPEAKER'S TABLE. ALSO, PLEASE GIVE YOUR FULL NAME AND ADDRESS FOR THE RECORD. CONSENT CALENDAR: (ALL MAll'ERS 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 U~LESS 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 October 12, 1987 Planning Commission Meeting PUBLIC HEARINGS 2. Use Permit 87-23 APPLICANT: KAL GH0SN 171 E. YORBA LINDA BOULEVARD PLACENTIA, CALIFORNIA 92670 OWNER: LA FAYE1-FE PARTNERS 3111 N. TUSTIN AVENUE ORANGE, CALIFORNIA 92665 LOCATION: 13011 NEWPORT AVENUE, PLAZA LAFAYEI'FE, UNIT 113 ZONING: C-2 CENTRAL COMMERCIAL ENVIRONMENTAL STATUS: CATEGORICALLY EXEMPT, CLASS I REQUEST: AUTHORIZATION FOR AN ON-SITE BEER AND WINE LICENSE IN CONJUNCTION WITH A GREEK RESTAURANT. RESOLUTION NO. 2447 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF TUSTIN, AUTHORIZING A BEER AND WINE LICENSE FOR ON-SITE AND OFF-SITE (TYPE 41) SALES AT 13011 NEWPORT AVENUE. Presentationi Jeffrey Davis, Senior Planner Planning Commission Agenda October 26, 1987 Page two 3. Use Permit 87-2[ APPLICANT: MR. DAVID JOHNSON ON BEHALF OF DAVIOS RESTAURANT OF TUSTIN 13572 NEWPORT AVENUE TUSTIN, CALIFORNIA OWNER: TUSTIN VILLAGE INVESTMENTS 2349 WESTWOOD BOULEVARD LOS ANGELES, CALIFORNIA LOCATION: 13572 NEWPORT AVENUE ZONING: PC-C: PLANNED COMMUNITY COMMERCIAL ENVIRONMENTAL STATUS: CATEGORICALLY EXEMPT, CLASS 1 REQUEST: AUTHORIZATION FOR ON-SITE SALES OF GENERAL LIQUOR {LICENSE TYPE NO. 47) IN CONJUNCTION WITH A RESTAURANT USE RESOLUTION NO. 2443 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF TUSTIN, AUTHORIZING USE PERMIT 87-21 FOR ON-SITE SALES OF GENERAL LIQUOR (TYPE 47) IN CONJUNCTION WITH A RESTAURANT USE AT [3572 NEWPORT AVENUE Presentation: Laura Cay Pickup, Associate Planner 4. Use Permit 87-24 APPLICANT: TAIT AND ASSOCIATES ON BEHALF OF CIRCLE K CORPORATION 900 ORANGEFAIR LANE P.Oo BOX 4425 ANAHEIM, CA 92803 OWNER: THRIFTY OIL COMPANY 10000 LAKEWOOD BLVD. DOWNEY, CA 90240 LOCATION: 14121 NEWPORT AVENUE AT MITCHELL ZONING: C-1: RETAIL COMMERCIAL ENVIRONMENTAL STATUS: A NEGATIVE DECLARATION HAS BEEN FILED IN CONFORMANCE WITH THE CALIFORNIA ENVIRONMENTAL QUALITY ACT. REQUEST: TO DEMOLISH AN EXISTING 240 SQUARE FOOT CASHIER'S BOOTH AND CONSTRUCT A 2680 SQUARE FOOT MINI-MARKET IN CONJUNCTION WITH AN EXISTING RETAIL GASOLINE SERVICE STATION. RESOLUTION NO. 2445 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF TUSTIN, AUTHORIZING CONSTRUCTION OF A 2,680 SQUARE FOOT MINI-MARKET IN CONJUNCTION WITH A RETAIL GASOLINE SALES STATION AT 1412[ NEWPORT AVENUE. Presentation: Laura Cay Pickup, Associate Planner Pl anntng Commission Agenda October 26, [987 Page three 5. SAN DIEGO PIPELINE - EIR 87-2/SCH # 87080511 APPLICANT: SAN DIEGO PIPELINE COMPANY Presentation: Christine Shingleton, Director of Community Development OLD BUSINESS 6. OLD TOWN HISTORIC/CULTURAL RESOURCES STUDY Presentation: Christine Shtngleton, Director of Community Development NE'li BUS[NESS STAFF CONCERNS 7. City Council Actions Taken on October 19, 1987 Meetin9 Presentation: 'Christine Shtngleton, Director of Community Development COMMISSION CONCERNS AOgOURNMENT Adjournment to the November 9, 1987 Planning Commission Meeting at 7:30 p.m. MINUTES llJSTIN PLANNING COP~ISSION REGULAR HEEI'ING OCTOBER 12, 1987 CALL TO ORDER: 7:30 p.m., City Council Chambers PLEDGE OF ALLEGIANCE/INVOCATION ROLL CALL: Present: Well, Puckett, Baker, Le Jeune, Pontious PUBLIC CONCERNS: (Limited to 3 minutes per person for items not on the agenda) IF YOU WISH TO SPEAK TO THE COMMISSION ON A SUBJECT, PLEASE FILL OUT THE CARDS LOCATED ON THE SPEAKER'S TABLE. ALSO, PLEASE GIVE YOUR FULL NAME AND ADDRESS FOR THE RECORD. CONSENT CALENDAR: (ALL MATTERS LISTED UNDER CONSENT CALENDAR ARE CONSIDERED ROUTINE AND WILL BE ENACTED BY ONE MOTION. THERE WILL BE NO SEPARATE DISCUSSION OF THESE ITEMS pRIOR TO THE TIME OF THE VOTING ON THE MOTION UNLESS MEMBERS OF THE COMMISSION, STAFF OR PUBLIC REQUEST SPECIFIC ITEMS TO BE DISCUSSED AND/OR REMOVED FROM THE CONSENT CALENDAR FOR SEPARATE ACTION.) 1. Minutes of September 28, 1987 Plannin9 Commission Meettn9 Commissioner Le Jeune moved, Baker seconded to approve the minutes of the September 28, 1987 meeting with the following change: on page eight under Commission Concerns Commissioner Le Jeune should read "Commissioner Well". Motion carried 5-0. PUBLIC HEARINGS 2. Extension of Use Permit 86-30 Applicant: Tri-State Engineering Co. 701S. Raymond Avenue Fullerton, Ca. 92634 Owner: Exxon Company U.S.A. P.O. Box 4388 Houston, Texas 77210-4388 Location: 14082 Red Hill Avenue at Nisson Road Zoning: C-1 Retail Commercial Environmental Status: Categorically Exen~t Class I Request: Extension for a 6 month period of previously approved Use Permit 86-30 authorizing construction of a 1,104 square foot Mini-Market and Gas Station. Resolution No. 2438 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF TUSTIN, AUTHORIZING A SIX (6) MONTH EXTENSION OF USE PERMIT 86-30 FOR CONSTRUCTION OF A 1104 SQUARE FOOT MINI-MARKET AND GASOLINE SALES STATION AT 14082 RED HILL AVENUE. Planning Commission ~lnutes October 12, 1987 Page two Presentation: Laura Cay Pickup, Associate Planner The publtc hearing was opened at 7:35 p.m. Mr. John Rochefort, 444 S. Flower, Suite 500, Los Angeles, Ca. Attorney for Exxon Corporation, took the posttton that the heartng was Inappropriate due to the way the Ctty had interpreted the Zontng Code. He contended that the developer worked in good fatth having spent over $50,000 on the project to date. He asked that the Planning Commission take the course of action to acknowledge the good faith effort and allow Exxon to proceed on the extsttng Use Permit without the need for an extension. He then urged the Commission, If the ortgfnal request was not considered, to approve the extension noting that the remodel wtll lmprove the area aesthetically, environmentally and Improve safety. He stated that he would be happy to answer any questions. Lots Jeffrey, Deputy City Attorney, advised the Commission that Exxon has filed a lawsuit on the issue of whether or not an extension is needed. She continued that the heartng for the extension was a proper proceeding noting that Exxon dtd not pull demolition and grading permtts when they were able to nor had construction commenced nor was the facility occupied. She stated that Exxon could not have finished the remodel before the expiration date of the Use Permtt as Trt State Engineering Indicated that they were not yet ready to pull permits. Commissioner Le Jeune asked Mr. Rochefort If a slx month extension would be sufficient. Mr. Rochefort replted that they applted for a three month extension and that the project would easily be completed within the stx month extension. Ethyl Reynolds, Parents Who Care asked for clarification about what constituted "existing conditions". Director Shlngleton replied that "existing conditions" constituted the same as ortgtnal proposed project; that no changes to the project were being requested wtth the extension. Staff and the Commission discussed that the sale of beer and wine was not related to the extension request but was related to a seperate Conditional Use Permit previously granted by the Counctl. Mr. Jack Mtller, Parents Who Care asked tf the applicant is aware of the protests by the community agatnst the sale of beer and wine at this location. The publtc hearing was closed at 7:55 p.m. The Commission generally agreed that they had no problem with the extension of the Use Permtt. A discussion followed clarifying that beer and wine sales at thts location is a separate item. They also discussed Code section 92993(b) and restroom requirements. Mr. Gary Gantney, Trt State Engineering Company, noted that the square footage on the report and resolution were wrong that instead of 1938 square feet it should be 1104 square feet. Planntng Commission M~nutes October [2, 1987 Page three Commissioner Pucker: noted that he was hestttant to approve the extension due to the 11quor sales Issue, but because ltquor sales was not an tssue of thls extension he would approve. Comm]sstoner We]l expressed concern over the manner Exxon handled the liquor sales ]ssue and felt the CommlssJoner was m]sled, however, she would approve because l]quor sales was not an tssue of the extension. Commlsstoner Baker moved, Ponttous seconded to approve an extension of Use Permit 86-30 by the adoption of Resolution No. 2438 wtth the correctlon that the square footage be changed from 1938 to ll04. Mo:ton carrted 5-0. 3. Tentative Parcel Map 87-370 Applicant: K.W. Lawler & Associates, Inc. on behalf of Mac Pherson Proper:les, 301 West Warner Avenue, Santa Ana, California 92707 Owner: The Irv]ne Company 550 Newport Center Or]ye Newport Beach, California 92660 Locatlon: 2, 33, g! Auto Center Orlve Lots 10, ll, 12 of Parcel Map 84-103g Zoning: Planned Community Commercial (Auto Center) Environmental Status: Class 15, CategorJcally Exempt Resolution No. 2439 A Resolution of the Planntng Commission of the City of Tusttn, recommending approval of Tentative Parcel Map 87-370 Located at 2, 33, 2! Auto Center Drive Presentation: Laura Cay Ptckup, Associate Planner The publlc heartng was opened at 8:10 p.m. Anna Beale, representing K. N. Lawler stated that the purpose of this Tentative Parcel Map Is to clartfy legal boundaries. She stated that she would be happy to answer any questions. Commissioner Baker asked why Lot 2 jutted Into Lot 1. The applicant responded that the reason ls to enable both dealers to legally and equally share the drtveway and parktng lo:. The publlc hearlng closed at 8:12 p.m. Commissioner Puckett moved, Pontlous seconded to recommend to City Counctl approval 6f Tentative Parcel Map 87-370 by the adoptton of Resolution No. 2439. carried 5-0. Planntng Commission Minutes October 12, [987 Page four 4. Tentative Tract Map No. 13094 and Design Revtew 87-16 Applicant: Bramalea California, Inc. Location: Lots 1, 2, D, F, G, and H of Tract 12763 Request: 1) Authorization to subdivide 20.47 acres into 103 numbered and 4 lettered lots for single family development, 2) Approval of Site Plan and Architectural Design of the proposed project Environmental Status: The project is covered by a previous EIR (85-2) for the East Tustin Specific Plan. No additional documentation is required. Resolution No. 2440 A Resolution of the Planning Commission of the City of Tustin, finding that the Final Environmental Impact Report (EIR) for the East Tustin Specific Plan is adequate to serve as the program EIR for Tentative Tract Map 13094 and Design Review 87-[6 and all feasible mitigation measures have been incorporated as required by the California Environmental Quality Act. Resolution No. 2441 A Resolution of the Planning Commission of the City of Tustin, conditionally approving Design Review 87-16 a project with [03 detached single family dwelling units project located on Lots i and 2 of Tract 12763. Resolution No. 2442 A Resolution of the Planning Commission of the City of Tustin recommending to the Tustin City Council approval of Tentative Tract Map No. 13094. Presentation: Christine Shingleton, Director of Community Development The public hearing was opened at 8:22 p.m. Mr. Joe Herzig, representing North Tusttn Homeowners Corporation, noted that the original density of this area was 4 homes per acre. He asked that the developer build the homes adjacent to Browning as one story structures. He also indicated that the density might have a negative effect on traffic. Mr. Jerry Feldman, Board of Governers, Bellewick Community Association, noted that the area was originally, at the time of ETSP preparation, medium density but since then the density has been lowered. He also indicated that staff had agreed to lower the height of the fence requirement in Exhibit A 2.2. Mr. Jack Reimer, Bramalea, California, gave an overview of Bramalea activity in Riverside, San Diego and Orange Counties. He offered to answer any questions the Commission might have. The public hearing was closed at 8:30 p.m. Commission and staff clarified that the Flood Channel on Bryan will be adequate to handle drainage as the curb height has been raised. The City can use their Code enforcement powers to keep the Homeowner's Associations accountable for their Planntng Commission Minutes October 12, 1987 Page ftve respon stbt 11 ttes. Commissioner Baker moved, Le Jeune seconded to approve the Environmental Determination for the project by the adoptton of Resolution No. 2440. Morton carried 5-0. Commissioner Puckett moved, Pontious seconded to approve Design Review 87-16 by the adoptlon of Resolution No. Z44! with the'~ollowlng change: the last sentence in 2.4, page two of £xhlbit A "The proposed common property lines walls adjacent to exfstlng stngle famtly dwellings to the north shall be ratsed to 7.5 feet." be deleted from the Resolution. Morton carried $-0. Commissioner Baker moved, Le Jeune seconded to recommend to City Counctl the approval of Tentative" Tract Map 13094 by the adoption of Resolution No. 2442 with the following changes: Page three, Exhtblt A 1.14 should read "Lots lettered A, B, C and D to be the responsibility of adjoining property owner within the proposed subdivision and/or future Homeowners Association." Page seven, Exhtbtt A, J to be relettered as "K", the new "~" will read as follows: "All owners shall be 'required to provide subsequent prospective owners wtth disclosure Information related to aircraft notse Impacting the subdivision." Page ten, Exhibit A, add: "8.9 Note on #12 should state that local parktng code requirements have been met by Tract Map 12763. The parkland dedication requirements for thts project Is 1.0506 acres." Morton carried 5-0. Commissioner Puckett complemented staff on the fine job well done and staff's abtllty to work out problems wtth the community. OLD BUSINESS NEg BUSINESS 5. 0ral Report on Meettn9 wtth County Planntn~ Commissioners Presentation: Commissioners Le Oeune and Ponttous Commissioner Pontious noted that she and Commissioner Le Oeune attended a meeting tn of the Southern Orange County cittes. Their discussions covered the Foothill Circulation Phasing Plan. The group ts attempting to meet quarterly In order to keep each of these Cities tn touch with the County. Commissioner Le Oeune noted that he enjoyed the presentation. He suggested that the ctttes of Orange, Irvtne and Tustin Planning Commissions meet on a sma]]er scale. 6. Transmittal of San Diego Pipeline EIR Commissioner Well thanked staff for the extra time on the Pipeline EIR. Planning Commission Minutes October 12, 1987 Page six STAFF CONCERNS 7. Report on Actions taken at the October 7, 1987 City Council meeting (Action Agenda to follow under separate cover. Presentation: Christine Shtngleton, Director of Community Development Annexations 144~ 145 and 146 were transmitted to LAFCO. Resolution passed to authorize Ricoh sign code waiver. Adopted resolutions on Tentative Tract Maps 13030, 13038 and 12870. The Council commended the Commission and staff for their excellent work. Council authorized a noise consultant contract with Van Houten & Associates. 8. Report on Work Projects Presentation: Christine Shtngleton g. .Introduction of New Staff Members~ Joel Slavit and Cheryl .Pengue Presentation: Christine Shingleton, Director of Community Development CO~I~ISSION CONCERNS Commissioner Puckett commended staff for a job well done on recent builder maps in East Yustin, congratulated Joel Slavit and Cheryl Pengue on their appointments with the Community Development Department and thanked Ltnda Andrews for a successful Tustin Tiller Days. Chairman Wetl noted an unsightly entrance sign on the 55 freeway. She also requested the fiscal impact analysis for the annexation reports on proposed Annexation #144, 145 and 146. ADdOURNIqENT At 9:10 p.m. Commissioner Le Jeune moved, Pontious seconded to adjourn the meeting to the next regular Planning Commission meeting on OEtober 26, 1987 to be held at 7:30 p.m. Motion carried by unanimous informal consent. Kathy Well Chairman Penni Foley Secretary Report' to the Planning Commission DATE: OCTOBER 26, 1987 SUBdECT: USE PERHTT 87-23 APPLTCANT: KAL GHOSN 171 E. YORBA LTNDA BOULEVARD PLACENTTA, CALTFORNIA 92670 OHNER: LA FAYETTE PARTNERS 3111 Ii. TUSTIN AVENUE ORANGE, CALIFORNIA 92665 LOCATION: 13011 NE#PORT AVENUE, PLAZA LAFAYETTE,* UNTT 113 ZONTNG:' C-2 CENTRAL COHHERCIAL ENVIROII~ENTAL STATUS: CATEGORTCALLY EXEMPT, CLASS T REQUEST: AUTHORIZATION FOR AN ON-SITE BEER AND WINE LICENSE. IN CONOUNCTION WITH A GREEK RESTAURANT. RECOII4ENDATION: It ts recommend]ed that the Planning Commission approve Use Permit Ho. 87-23 by the adoptton of Resolution Ho. 2447. SUHHARY: On September 28, lg87, the Planning Commission approved Use Permit 87-18 authorizing the sale of alcoholic beverages, for on-site consumption, at 130ii Hewport Avenue. Th~s permit was granted ~n conjunction w~th a restaurant use (Gyro K~ng) ~n the Plaza La Faytte shopping center. At the t~me Use Permit 87-18 was approved, the shopping center owner had not gtven author~zaMon for the applicant to sell beer and w~ne for off-site consumption (even though the l~cense type applied for would allow such transactions). Accordingly, the P~ann~ng Con~n~ss~on approved Use Permit 87-I8, with a condition prohibiting the off-stte sa~e of beer and w~ne, pendtng property owners' approval and subsequent action of the Commission. ,,.- Corn munity Development Department Planning Commission Report Use Permit 87-23 October 26, 1987 Page two ANALYSIS: Proposed project - Since the September 28, 1987 he, ring, the applicant has obtained authorization from the property owner for off-site sales and is now requesting that the Commission approve Use Permit 87-23 allowing such sales. Site details and specific issues relevant to the subject project are detailed in the attached "Report to the Planning Commission" dated September 28, 1987. The only change Use Permit 87~23 would affect is that patrons of Gyro King would be able to purchase beer and wine for consumption off the premises. All other condttons of approval of Use Permit 87-18 would remain in effect. In terms of surrounding uses, there are no other off-site sales establishments within 300 feet of. the unit to be occupied, therefore, the proposed amendment is permissable pursuant to applicable regulations and guidelines established by City Council. It should be 'noted that Commission action prohibiting off-site sales ( Use Permit 87-18)was based upon the fact that the property owner had not authorized such sales. _-~ Off-site vs. on-site consumption - When considering the difference between on-site versus off-site sales, staff forwards recommendations based in part on the overall use proposed. For example, there are different ippacts and comparability issues related to liquor stores as opposed to a supermarket or to a restaurant. The applicant is requesting off-site sales as a very small portion of his overall operation with the proposed off-site sale to be in conjunction with the sale of food. The concerns often expressed with liquor store operations that do not discourage sales of single containers of beer or which promote point of sale purchasing are not anticipated to be present with the subject proposal. CONCLUSION: In reviewing the subject application the following relevant items ~ave been determined: 1. The requested use is in compliance with all regulations and standards adopted by ordinance or guidelines. 2.' The property owner has consented to permit off-site sales at this location. 3. All conditions contained in Use Permit 87-18 with the exception of the on-site sales restriction shall remain in full force and affect. Community DeveloPment Department Planning Commission Report Use Permit 87-23 October 26, 1987 Page three 4. Issues generally expressed with off-site sales are not present with t~ls applicant as the.off-site sales is a very small and specialized portion of another primary use. Based upon these factors, staff recommends approval of Use Permit 87-23 by the adoption of Resolution No. 2447. '~"~" Christine Shln~ ~~a n ~ea~rI~ Director of Communi t~ Devel opment JSD:pef Attachments: Resolution No. 2447 Report to Planning Commission dated g-28-87 Letter from property owner Comrnunity Developmen: Department I RESOLUTION NO. 2447 2 A RESOLUTION OF THE PLANNING COMMISSION OF THE 2 CITY OF TUSTIN, AUTHORIZING A BEER AND WINE LICENSE FOR ON-SITE AND OFF-SITE (TYPE 41) 4 SALES AT 13011 NEWPORT AVENUE. 5 The Planning Commission of the City of Tustin does hereby resolve as follows: 6 I. The Planning Commission finds and determines as follows: 7 A. That a proper application, Use Permit No. 87-23 has been filed $ on behalf of Gyro King requesting authorization for an alcoholic beverage control license (type 41) to sell beer and wine for 9 on-site and off-site consumption at 13011 Newport Avenue. 10 B. That a public hearing was duly called, noticed and held on said application. 11 C. That establishment, maintenance, and operation of the use 12 applied for will not, under the circumstances of this case, be detrimental to the health, safety, morals, comfort, or 13 general welfare of the persons residing or working in the neighborhood of such ~oposed use, evidenced by the following 14 findings: 15 1. That sale of beer and wine is limited to only when food is sold. 1G 2. The use applied for ts In conformance with the Land Use 17 Element of the Tusttn General Plan. 18 3. The use applied for is an allowed use in the C-2 Central Commercial Zone subject to approval of a Conditional Use Permit. 20 4. The subject site is more than 300 feet from the nearest off-site sales establishment; 600 feet from any church, hospital, school or playground; 100 feet from any 21 residential property. 22 D. That the establishment, maintenance, and operation of the use applied for will not be injurious or detrimental to the property 23 and improvements in the neighborhood of the subject property, nor to the general welfare of the City of Tustin, and should be 24 granted. 25 E. Proposed development shall be in accordance with the development policies adopted by the City Council, Uniform Building Codes as 26 administered by the Building Official, Fire Code as administered by the Orange County Fire Marshal and street improvement 27 requirements as administered by the City Engineer. 28 F. That this project is categorically exempt from the.requirements of the California Environmental Quality ACt, Class t. 1 Resolution NO. 2447 2 Page two G. Final development plans shall require the review and approval of 4 the Community Development Department. 5 II. The Planning Commission hereby approves Conditional Use Permit No. 87-23 to authorize on-site beer and wine sales in conjunction with a O restaurant at 13011 Newport Avenue, subject to the following conditions: A. The applicant shall sign and return an Agreement to Conditions 8 Imposed form which states that the applicant agrees to all conditions imposed, the conditions shall be included on the 9 State issued Alcoholic Beverage license, and failure to comply with any of the conditions shall be grounds for suspension or 10 revocation of the license. 11 B. Alcoholic beverages shall be sold only when kitchen is open and food is sold. ]2 C. Authorization for an on-site/off-site {type 41) beer and wine 13 license is conttngent~upon the use remaining as a restaurant. At such time that the restaurant use is discontinued, 14 authorization for the license will be null and void. 15 D. All persons serving or selling alcoholic beverages and food shall be 18 years of age or older and shall be supervised by 10 someone twenty-one years of age or older. 17 E. No pool tables or coin operated games are allowed at this location. F. No "bar" type seating is allowed. 19 G. The menu of the restaurant shall consist of foods that are 20 prepared on the premises. 2] PASSED AND' ADOPTED at a regular meeting of the Tustin Planning Commission, held on the day of , 198 23 Kathy Well 24 Chairman Penni Foley 25 Secretary Repor to the Planning Commission DATE: SEPTE~£R 28, 1987 SIJ~I£CT: USE PERIqIT ~0. 87-18 APPLI~JUiT: KAL 171 I:o YORBA LZIIDA BLVD. PLACENTXA, CA 92670 OMMER: LA~AYEI'TE PART~ERS ORANGE, CA 92665 LOC~T~ON: 13011 NE]~ AV£NIJ£, PLAZA L.~AY~, UNiT 113. ZONING: C-2 C~NTRAi. CQPIf. RCTAL · Elff IROI~IEk'TAL STATUS: CATEraORICALLY ElElqlrl', IJ.A~$ I R£QIJF.~T: hUTHOilZATIO1 FOR Ali ON-SITE AND OFF-SITE BEER AND gll£ RECflPlRENDATXON: It ts recommended that the Planntng Commission approve Use Permtt No. 87-18 by the adoptton of Resolution No. 2426. SmmARY: The applicant has applied for authorization to sell beer and wtne tn conjunction wtth a Greek restaurant named Gyro Ktng Greek Cutstne. Hr. Ghosn owns and operates a slmllar Gyro Ktng on Yorba Ltnda Boulevard tn Placentla. The subject matter was considered at a publlc hearlng held on September 14, 1987. However, tn. that the applicant destres to be authorized to sell alcohol for off-stte consumption, the hearlng was readverttsed and scheduled for the September 28th meettng. Corn munity Development Department Planntng Commission Report- September 28, [987 Use Permit 87-[8 Page two ANALYSZS AND CONCLUSZON: Floor plans for the restaurant-proposes'a total of [,444 square feet of floor area wtth seattng for 42 persons tnstde and 20 seats for the outstde patto area. The proposed locatton at [30[[ Newport Avenue faces the parking lot area wtth a 3 foot htgh wall surrounding the patto. Ourtng the lnlttal heartng held for thts project, the Commission discussed the hetght of walls surrounding outdoor patto areas where alcohol may be served. Enrico O' Itelta and the proposed Ruby's were conditioned to have outdoor patto walls tn excess of three (3) feet because thetr outdoor areas were adjacent to publlc sidewalks and publlc streets. In thts case, the patto ts located tn the tntertor of .the center so concerns of proximity to the publlc right-of-way are eliminated. Also, the three (3) foot walls are an tntegral part of the shopplng center's destgn. Therefore, staff recommends that the three (3) foot wall hetght be retained[ Also, tn order to meet ABC requirements for outdoor areas, there will be a controlled access through the restaurant premises to the patio area (see floor plan). The applicant has applied for a type 4[ Tl~cense whtch allows the sale of beer and wtne for consumption at a bonaftde publlc eattng place plus the sale of beer and wtne for consumption off the premtses where sold. As a matter of pollcy, staff recommends that all alcoholic beverages be consumed on-stte and that no off-site sales be authorized. At the September [4, [987 meettng, the Planntng Commission, at the request of the applicant, directed staff to readverttse this publlc hearing to tnclude off-stte sales. At that meettng the applicant had related to the Commission.that he destred to be authorized to sell alcohol for off-site consumption. The owners of the center have Indicated that their approval of the Alcoholic Beverage Control license at this locatton ts for on-site sales only. Wtthout the approval of the property owner, the off-site sales tssue cannot be considered for this application because use permits run with the land and need the approval of the property owner. Also, at the September [4, [987 meeting, the applicant discussed the hours of operation and tnformad the Commission that he dtd not want to be conditioned to the times of operation he had indicated on his application. Therefore, staff has deleted the hours of operation and conditioned the sale of alcoholic beverages to the serving of food. The project compltes with the requirements of the alcoholic beverage sales estebltshment guidelines whtch have been incorporated tnto the proposed resolution of approval. Based upon the conformance with these guidelines staff recommends the following requirements as conditions of approval: Community Devetopmen~ Departmen~ / Planning Commission Report September 28, 1987 Use Permit 87-18 Page three 1. All alcoholic beverages shall be consumed on-site. 2. Alcoholic beverages shall be sold only when food ts sold. 3. Authorization for an on-sita beer and wine ltcense ts contingent upon the use remaining as a restaurant. At such ttme that the restaurant use is discontinued, authorization for the license will be null and void. 4 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 mge or older. 5. No pool tables or coin operated games are allowed at this location. " 6. No "bar" type seating is allowed. 7. The menu of the restaurmnt shall consist of foods that are prepared on the .premises. With these conditions, staff considers thls use appropriate for the area and recommends approval by the adoption of Resolution No. 2426. Ma , Christine Sht~gleton ~/ Olrector of Comuntty Development MAC:per Attachments: Resolution No. 2426 Site and Floor Plans Menu Community Development Department , 2 RESOLUTZON NO. 2426 3 A RE$OLUTTON OF THE PLANNT, NG Cl:l"f OF TUSTIN, AUTHORIZING A BEER AND WI~NE 4 LXC£NSE FOR ON-SITE SALES AT 13011 NEWPORT AVENUE. 5 The Planntng Co~mtsston of the Ctty of Tusttn does hereby 'resolve as 6 follows: ? I. The Planfl{ng Comrlss{on f{nds and determines as follows: 8 k. That a proper appllcatlofl, Use Pe~mtt No.87-18 has been ftled on behalf of Gyro King requesting authorization for an alcoholic 9 beverage control 11cense (type 41) to sell beer and wtne for on-stte consumption at 13011 Newport Avenue. 1.0, B. That a publl.c hearing was duly called, nottced and held on satd 1_! application. 1_2 C. That establishment, matnteflance, and operation of the ute applted for wtll not, under the circumstances of thts case, :13 be detrimental tO the health, safety, morals, comfort, or genera; we;fare of the persons restdtng or worktng tn the 1~. neighborhood of such--~roposed use, evidenced by the following findings: 1. The sale of beer, wtne and distilled sptrtts ts for on-site ]6 consumption only. :[? 2. That sale of beer and wtne ts 11mtted to only when food sol d. 18 3. The use applied for is In conformance w~th the Land Use 1-9 Element of the Tusttn General Plan. 20 4. The use applled for ts an allowed use In the C-2 Central Commercial Zone. 21- 0. That the establishment, maintenance, and operation of the use 22 applled for wtll not be Injurious or detrtmentel to the property and Improvements tn the neighborhood of the sub3ect property, nor to the general welfare of the Ctty of Tusttn, and should be 23 granted. 2~. E. Proposed development shall be in accordance wtth the development 25 pollctes adopted by the Ctty Counctl, Untform Butldtng Codes as administered by the Butldlng Official, Ftre Code as administered by the Orange County Ftre ~larshal and street Improvement 2§ requirements as administered by the Ctty Engineer. 27 F. That thts pro~ect ts categorically exempt from the requirements of the California Envtronmentel Quallty Act, Class I. 25 2 Resolution No. Z426 Page two 3 4 G. Ftnal development plans shall requtre the revtew and approval of the Community Oevelopment Oepartment. [I. The Planntng Commission hereby approves Conditional Use' Permit No. § 87-18 to authorize on-stte beer and wtne sales In conjunction wtth a restaurant at 13011 Newport Avenue, subject to the following- ? conditions: 8 A. The applicant shall stgn and return an Agreement to Conditions Imposed form which states that the applicant agrees to 'all 9 conditions Imposed, the conditions shall be tncluded on the State Issued Alcoholic Beverage license, and fatlure to comply 10 wtth any of the conditions shall be grounds for suspension or revocation of the 11cense. B. All alcoholic beverages shall be consumed on-site. ]2 C. Alcoholic beverages shall be sold only when kttchen is open and 1~ food is sold. 1~ O. Authorization for an Oh-site beer and wtne 11cense ts contingent upon the use remaining as a restaurant. At such time that the 15 restaurant use is discontinued, authorization for the 11cense wtll be null and votd. E. All persons servtng or selltng alcoholic beverages and food 17 shall be 18 years of age or older and shall be supervised by someone twenty-one years of age or older. 18 F. No pool tables or coin operated games are allowed at this 10 location. 20 G. Ho "bar" type seattng Is allowed. 21 H. The menu of the restaurant shall consist of foods that are prepared on the premises. PASSED ANO AOOPTED a: a regular meeting-of the Tusttn Planntng Commission, 23 held on the day of , lg8 24 Kathy ~/el 1 25 Chairman 26 Penn1 Foley Secretary 27 28 1 ORDINANCE NO. 981 2 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TUSTIN, CALIFORNIA, APPROVING ZONING ORDINANCE AMENDMENT NO. 87-1 THEREBY AMENDING SECTIONS 9232 b., 9233 c., 9234 c., 4 9235 c., 9242 b., and 9297 OF THE TUSTIN MUNICIPAL CODE, TO REQUIRE ISSUANCE OF A CONDITIONAL USE PERMIT FOR CONVENIENCE 5 STORES AND ESTABLISHING DISTANCE STANDARDS FOR OFF-SITE ALCOHOLIC BEVERAGE SALES ESTABLISHMENTS. 6 NHEREAS, on ~, the City Counctl of the City of Tustin, ? California,~s: 8 Section 1: Section 9232 b. is amended to add the following: '9 9232 b. (u). Convenience-stores. 10 Section 2: Section 9232 b (p) is amended as follows: 1! 9232 b (p). Alcoholic beverage sales establishments subject to the following criteria.' 12 Off-site sales establishments shall be located a minimum distance of: 13 - lO0 feet from any resfd'enttally zoned or used property. - 300 feet from any other existing off-site sales establishment. 14 - 600 feet from any church, public or private school, playground, or hospital. Section 3: Section 9233 c, is amended to add the following: 16 9233 c. (aa). Convenience stores. 17 Section. 4: Section 9233 c (v) is amended to read as follows: 18 9233 c. (v) Alcoholic beverage sales establishments subject to the !9 fol 1 owtng crt reel a: Off-site sales establishments shall be located a minimum distance of: 20 - ~00 feet from any residentially zoned or used properties. - 300 feet from any other existing off-site sales establishment. 0-1 - 600 feet from any church, public or private school, playground, or hospital. Section S: Section 9234 c. is amended to add the following: 9234 c (11) Convenience stores. 2~ Section 6: Section 9234 c. {10) is amended as follows: 25 9234 c {10) Alcoholic beverage sales establishments subject to the 26 fol 1 Dwi ng cri teri a: 27 Off-site sales establishments shall be located a minimum distance of: · ) - 100 feet from any residentially zoned or used properties. 2,~ - 300 feet from any other existing off-site sales establishment. ! Ordt nan'ce No. 981 2 page two 3 - 600' fee~ from any church, pub]tc or prtvate school, playground ~, or hospital. . $ '$ec~ton 7: $ec~ton 9235 c. ts ~nded ~o ~dd ~h~ roll,lng: 6 9235 c (fl) Convenience s~ores. 7 $ectton 8: Sec~ton 9235 c (dd) ts a~nded as foll~s: 8 9235 c. (dd) Alcoholic beverage sales es~bllsh~n~s subject to the 9 roll.trig crfterta: Off-sl~ sales es~bllsh~n~s shall be located a mtnl~m distance of: 10 - ~00 f~ from any residentially zoned or used properties. - 300 f~ from any other exts~tng off-stYe sales .~bltsh~n~. 11 - 600 f~t' from any church, publlc or pP~vate school, playground o~ hospital. Sec~ton 9: Sec~ton 9242 b. ~s ~nded to add ~he following: 9242 b. (f). Convenience s~ores. Sec~ton 10: Section 9Z42 b. ts ~nded as fo11~s: 9Z4Z b. (g). Alcoholic ~ve~age sales es~bltsh~n~s subjec~ ~o ~he 16 fo11~t ng c~ ~t a: 1T Off-sJ~ sales es~bllsh~nts shall be located a mtntmum dts~nce of: - 100 f~t f~ any' ~stdentta]ly zoned or used properties. 18 - 300 f~t from any o~er extsttng off-sl~ sa]es es~b]tshmen~s. - 600 f~t f~om any church, pub]lc or prlvate school, p~ayground ]9 or hospt~. 20 Sec~on 11: Sec~ton 9272 of the Tus~tn ~untctpal Code ts a~nded ~o add ~he foll~tng deftnJ~ton, tn~g~d tn ~lphabe~t~l o~de~, ~ ~ad as follows: 21 "'Con~ntence S~o~e' ~ans any es~bltsh~n~ unde~ ~5,000 square fee~ ~ tn stze whe~ f~d, beverage, ~gaztne and auto ~la~ed t~ms, o~ any co~tna~on ~e~of, a~ sold for off-stYe use and/o~ consu~lon." PASSED AND ~OPTED a~ a ~gular ~e~tng of ~e Ct~y Counct~ of ~e CtW of 2~ Tus~n, ~11fornta, held on ~e 4th day of ~av ,1987. RICHARD B. EDGAR 26, Hayor / 27! At.sC: 28, HAKT ~. N~N, Ct~ RESOLUTION NO. 2396 A RESObUTION OF THE PLANNING COIq)4ISSION OF THE CITY 2 . OF TUSTIN, CALIFORNIA,' ESTABLISHING POLICY GUIDELINES TO BE FOLLOWED IN FOR CONSIDERATION OF ALCOHOLIC 3 BEVERAGE SALES ESTABLISHMEET APPLICATIONS. & The Planntng Comurlsston of the CtW of Tust~n does here. by resolve as follovs: T. The Planntng Comrlsston f~nds ~'nd dete~nes as follows: 6 A. That certain guidelines shall be considered by Community ? Developmnt staff and the Planntng ComMsston when considering Conditional Use Pe~tt applications for alcoholic beverage sales 8 establishments. 9 B. That certatn standard conditions shall be requtred on on-stte alcoholic beverage sales establishments In conjunction w~th a 10 restaurant use as follovs: 11 ' All alcoholic beverages shall be consumed on s~ta. · Authorization for on-stte sales of beer and wine/liquor ]2 sales ts contingent upon the use of the subject stte remetntng a restaurant. At such ttme the restaurant use Is 13 discontinued the u'~e permtt becomes null and votd. · All persons servtng alcoholic beverages must be etghteen l& years of age or older and supervised by someone ~wenty-one years of age or older. Supervisor shall be present Jn same I5 area as potnt of sale. · Hours of operettea are 11mJtad to th~ hours of a.m. 16 to~ p.m. (hours are IdentiFied depen-~-~ on the type of operetlon) Food must be served durtng these hours. · The menu of the restaurant shall constst of foods that are 17 prepare~ off the premises. · No outdoor seattng ts allowed at thts location. 18 ' No 'bar' type seating Is alloyed. · There shall be no pool tables or cotn operated games on the 19 pr~ntses at any tlme. 20 C. That certatn standard conditions shall be required of off-stte 21 sales establishments as fo11~s: · Authorization for off-slto sales of beer and wine/liquor ts 2~ ceattngent upon the use at the subject stte ~emetntng as (specific use ~ ~ Identified here) Should th1 s use change or be 2& discontinued, authorization for thts use permtt ts null and votd. ' All persons selling alcoholic beverages shall be eighteen ~5 Years of age or older and shall be supervised by someone twenty-one years of age or older at. all times. Supervisor 26 sl~all be p~esent tn sam area as potnt of sale. · Hours of operation are 11mltad to the hours of' to 27 (hours are ~denttfted depending on the WPe of FILE COPY Resolution Ho. Z396 page two · "No Loitering" stgns shall be posted at the entrance of the bust'ness or o~er specified location(s). · ' No pool Cables or coin operated games are allowed at ~hts' 1 oca ti on. · No alcoholic beverages shall be consu~d on any prope~y ~d~acen~ to ~he 11censed p~mtses under ~e con~rol of ~e app] t cant. " ~f~gerated single-serving beverage concatners shall be loca~d tn an enclosed ~frtgeratton untt no less than ten (10) f~t f~ ~e potn~ of ~le. O. That each Conditional Use Pe~t application for an alcoholic beverage sales es~bltsh~nt shal; be reviewed, based upon locatton and type'of such es~bltsh~nt, and consideration of A de~natlon that hours of operation requested are approprl~ for ~e use proposed ~nd consideration gtven to ~e proposed use's ~latton to: 1. Residential a~as; 2. Accedes; 3. O~ee st.!ar uses; 4. Relatton ~ 1lye en~r~tn~n~ locations. order to discourage drtnktng and drtvtng, stgns posted to advertise tta~ shall be 11mt~ed =o cove~ no moee t~an the wtnd~ a~a. F. All ~nt~rkets or ~nventence scores of ~ess ~an tS,000 ~t. sha~l ~1~C ~e ~oor area devoCed ~o sale, dtsp~ay and s=o~age of a~coho~tc beverage lows. =o no ~re Chan ~0~ o~ =e to~l gross floor area. G. ~e appll~nt shall stgn and return an Agree~nt to Conditions I~osed fo~ whtch s~tes ~ ~e applicant agrees condltlons Imosed, ~e conditions s~all be tncluded on Scare Issued Alcoho11'c Bevecage license, and fatlu~ ~o co~ly w4~ any of ~e ~o~gotng conditions shall be gcounds foe suspension or cevoca=ton of ~e 11cerise. P~SEO A~O ~OP~D at a ~gul~tng of ~e Tus~tn Plann~-ng~Co~tsston, ..~ CHARLES E. PUCKL[i-,- ' ; ~ Chat ~n ~ecord~ ng Secre~ BURNETi'- EHLINE DEVELOPMENT C°. October 7, 1987 Jeff Davis City of Tustin 300 Centennial Way Tustin, CA 92680 Re: Plaza LaFayette, Greek Cuisine Type 41 - On-Sale Beer and Wine Eating Place Liquor License Dear Jeff: We have signed the application for a Type 41 ABC License for the Greek Cuisine at Plaza LaFayette with the understanding that the off-sale portion of the license will be used for the sale of Greek wine and beer only as an ancillary part of his business. Sincerely, BURNETT-EHLINE DEVELOPMENT CO. C.L. Burnett Executive Vice President 2050 South Santa Cruz Street, Suite I00. Anaheim, CA 92805. (714) 978-0366 Planning Commission DATE: OCTOBER 26, 1987 SUBJECT: USE PERHIT 87-21 APPLICANT: MR. DAVID JOHNSON ON BEHALF OF DAVIOS RESTAURANT OF TUSTIN 13572 NL:~PORT AVENUE TUSTZN, CALIFORNIA OMJER: TUSTIN VILLAGE INVESTMENTS 2349 ~JESTtJOOD BOULEVARD LOS ANGELES, CALIFORNIA LOCATION: 13572 RE~iPORT AVENUE ZONING: PC-C: PLANNED COHIqlJNITY .COHPIERCIAL ENVIROmE~TAL STATUS: CATEGORICALLY EXEMPT, CLASS 1 REQUEST: AUTHORIZATION FOR ON-SITE SALES OF GENERAL LZQUOR (LICENSE TYPE NO. 47) IN CONJUNCTION I~ITH A RESTAURANT USE REC01~ENDED ACTION: It ts recommended that the Planning Commission appprove Use Permit 87-21 by the adoptton of Resolution No. 2443. SIJ~ARY: The applicant, Mr. Johnson, currently operates an extsting restaurant known as Davtos at the Tustin Village Shopping Center on the northeast corner of Newport Avenue and Main Street. This restaurant Is a full servtce dining facility which serves Italian cuisine as well as beer and wtne for on-slte consumption (Ltcense Type 41). This ltcense was issued prior to the adoption of Ordinance No. 920 which requires a Use Permit for all new alcoholic beverage sa]es establishments. At this time, the applicant is requesting authorization for on-site consumption of distilled spirits in addition to previously authorized beer and wine. _ ARALYSIS: Staff has reviewed this application for conformance to the policy guidelines for lcoho]!c beverage sales establishments. The issues related to this application Corn munity Development Department Planning Commission Report October 26, ~g87 Davio's Page two include the hours of operation, location and outdoor seating. These items are discussed separately below: 1. Hours of Operation - Oavtos currently operates from 11:00 a.m. to midnight. The applicant has not proposed to expand these hours, therefore, no change from the current hours of operation of the facility will occur. 2. Site Location - Oavlos is located within a retail shopping center. This center contains two other restaurants with on-site sales licenses (one general liquor and one beer and wine) as well as one off-site alcoholic beverage sales outlet. This off-site sales outlet is within 300 feet of Oavios, therefore, no sale of alcoholic beverages for off-site consumption will be granted with this application. Additionally, Oavtos is located 1800 feet from the nearest school and 300 feet from the nearest residence. 3. Outdoor seating - Currently the existing facility does not provide any outdoor seating, but the applicant is considering future expansion. This expansion may include outdoor seating within an enclosed patio area according to the State Alcoholic Beverage Control requirements. Should the applicant wish to pursue thts type of outdoor use, a Use Permit for development will be required prior to placement of any seats outside the building as well as a modification to any Use Permit granted for on-site liquor sales. CONCLUSION: Staff has reviewed this application for conformance with the State Alcoholic Beverage Control requirements, the Tustin Municipal Code and adopted Guidelines for Alcoholic Beverage Sales Establishments. This application is in conformance with these requirements and staff considers the use to be compatible with the surrounding area. Based upon this information and the incorporation of the conditions contained in Resolution No. 2443, staff recommends approval of Use Permit 87-21. · LCP:pef Attachments: Stte Plan Resolution No. 2443 Community Development Depa~ment 1 2 RESOLUTION NO. 2443 3 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF TUSTIN, AUTHORIZING USE PERMIT 87-21 FOR ON-SITE 4 SALES OF GENERAL LIQUOR (TYPE 47) IN CONJUNCTION WITH A RESTAURANT USE AT 13572 NEWPORT AVENUE 5 The Planning Commission of the City of Tustin does hereby resolve as 6 follows: ? I. The Planning Commission finds and determines as follows: 8 A. A proper application, Use Permit No. 87-21 has been f~led on behalf of Davtos Restaurant to request authorization for on-site 9 sales of general liquor (Type 47) in conjunction with a restaurant use at 13572 Newport Avenue. 10 B. A public hearing was duly 'called, .noticed and held on said 11 application. 12 C. Establishment, maintenance, and operation of the use applied for will not, under the circumstances of this case, be detrimental 13 to the health, safety, morals, comfort, or general welfare of the persons residing or working in the neighborhood of such 14 proposed use, as evidenced by the following findings: 15 1. The use as applied for is in conformance with the General Plan, Tustin Zoning Code and the adopted guidelines for 16 alchohltc beverage sales establishments. 17 2. The use applied for is a conditionally permitted use in the PC: Planned Community Commercial District. 3. The subject site is located a minimum of 300 feet from the 19 nearest residential site and a minimum of 1800 feet from the nearest school and therefore is not considered to have 20 an effect upon residents or school children based upon its location. 21 4. Alcohol sold on the premises shall be for consumtlon 22 on-site only. 23 D. The establishment, maintenance, and operation of the use applied for will not be injurious or detrimental to the property and 24 improvements in the neighborhood of the subject property, nor to the general welfare of the City of Tustin, and should be 25 granted. 20 E. This project is Categorically Exempt (Class 1) from the California Environmental Quality Act. 27 2 Resolution No. 2443 Page two II. The Planning Commission hereby approves Conditional Use Permit No. 5 87-21 to authorize on-site sales of general liquor (type 47) in conjunction with a restaurant use at 13572 Newport Avenue subject to 6 the following conditions: ? 1. All alcholoic beverages shall be consumed on site. 2. Authorization for on-site sales of beer and wine/liquor sales is 8 contingent upon the use of the subject site remaining a 9~ restaurant. At such time the restaurant use is discontinued the use permit becomes null and void. 3. All persons serving alcoholic beverages must be eighteen years 10 of age or older and supervised by someone twenty-one years of age or older. Supervisor shall be present in same area as point 11 of sale. 4. Hours of operation are limited to the hours of 11:00 a.m. to 12 12:00 a.m. Food must be served during these hours. 5. The menu of the restaurant shall consist of foods that are 13 prepared on the premises. 6. No "bar" type seating is allowed. 14 7. There shall be no pool tables or coin operated games on the premises at any time. 15 8. No outside seating shall be permitted without future plans being reviewed and approved by the Planning Commission as an amendment 10 to this Use Permit. 17 PASSED AND ADOPTED at a regular meeting of the Tustin Planning Commission, held on the day of , 198 18 19 20 Kathy Well Chairman 21 22 Penni Foley Secretary Report to the stem , Planning Commission DATE: OCTOBER 26, 1987 SUBdECT: USE PERI~[T NO. 87-24 APPLICANT: ' TA[T AND ASSOCIATES ON BEHALF OF CIRCLE K CORPORATION 900 ORANGEFAIR LANE P.O. BOX 4425 ANAHE[#, CA 92803 OtINER: THRIFTY OIL COMPANY 10000 LAKE~iOOD BLVD. DOtJNEY, CA 90240 LOCATION: 14121 NEtIPORT MENUE AT #ITCHELL ZONING: C-1: RETAIL COI~ERCIAL * Elrf IRONMEKrAL STATUS: A NEGATIVE DECLARATION HAS BEEN FILED IN CONFORKR#CE IIITH THE CALIFORNIA ENVIRONMENTAL QUALITY ACT. REQUEST: TO DEMOLISH AN EXISTING 240 SQUARE FOOT CASHIER'S BOOTH AND CONSTRUCT A 2680 SQUARE FOOT HINI-MANKET IN CONJUNCTION IIITH AN EXISTING RETAIL GASOLINE SERVICE STATION. RECOMMENDED ACT[ON It ts recommended that the Planntng Commission approve Use Permit No. 87-24 by the adoption of Resolution Ho. 2445. SU~tANY The applicant has filed a request to demolish an existing 240 square foot cashier's booth and reconstruct a modular 2,680 square foot mini-market in conjunction with-an extsttng retatl gasoline station. The proposed project is located at the south west corner of Newport and ~lttchell Avenues and was previously occupied by Thrifty 0tl Company. The subject site is currently zoned C-1: Retail Commercial and is surrounded by R-3: ~tultt-famtly apartments on the west, C-1: Commercial zoned professional offices on the north and south, and C-1: Commercial zoned retail and gasoline, related uses on the east. Recently adopted Zoning Ordinance amendments require approval of a Conditional LUse Permit for all mini-markets. The site does not meet the established Zoning Code criteria for processing a Conditional Use Permit for an off-site alcoholic beverage sales establishment. i Community Development Deparxment Planning-Commission Report Use Permit No. 87-24 October 26, 1987 page two ANALYSIS Staff has revtewed the subject project for conformance with the Tustln Zoning Code and adopted development standards. Project design and land use issues related to the project are discussed separately below: 1. Site Dest~n: The subject project has been designed tn conformance with parking, setback and landscaping requirements of the Zoning Code and City adopted development standards. Proposed butldtng setbacks and parking are outlined below. Standard Requirement Proposed Parktng (1:200): 14 spaces 14 spaces Setbacks: Front 15 feet' 89 feet - Stdes l0 feet ~ l0 feet Rear 10 feet 10 feet Building Hetght: 35 feet 16 feet Lot Coverage: 50Z maximum. 12Z maxtmum The stte provtdes landscaped areas tn the front and stde parktng areas as well as the rear and side areas whtch abut surrounding properties. Both the west and south properties are seperated by an extsting block wall whtch ts a mtnimum of 6 feet tn height. On stte circulation Is proposed to be 11mtted to: 1ngress only on the northerly Newport drlveways; tngress and egress at the southerly Newport Avenue driveway; and unrestricted Ingress and egress at the RJtchell Avenue drJveway. To promote proper vehlcular movement, staff suggests that the applicant provide a ser~es of on-stte stgns to dtrect trafftc. These tnclude two (2) "Entrance Only" signs, one on each side of the northerly Newport Avenue entrance and one "Rtght Turn Only" stgn at the exJt on the southerly Newport driveway. ~ 2. Architecture: The proposed project Incorporates spantsh architectural elements, Including use of cream colored stucco walls, and barrel clay ttle mansard roofs. The roof covers the north and east elevatlons factng Newport and Rttchell Avenues and has been Incorporated tnto the destgn for the canopy covertng the gasoline pump t slands. These elements create a sense of continuity and upgrade the overall appearance of the property. S1mtlar archJtectural styles are reflected on a Taco Bell restaurant across Newport Avenue. Stmtlar spanJsh styles and roof materials are also found along Newport Avenue north of the [-5 freeway. Corn rnunity DeveloPment Department Planning Commission Report Use Permit No. 87-24 October 26, [987 page three 3. Stgn Program: The applicant has proposed three (3) exterior wall ~ounted signs. These are typical Circle K logos with color bandings of orange, red and purple. The signs are placed on dormer type structures which are built into the roof mansard. Each sign proposes the maximum allowable sign area, therefore, no temporary or permanent signs will be permitted in the window storefront. An existing pole sign is provided on the site and a permit was issued to reface the existing can on this sign. This refacb design incorporates the colors proposed for the wall signs on the building. 4. Land use: Circle K is planning to operate on a 24-hour basts, seven days a week. This includes both the mini-market and gasoline sales. However, the impact of this type of operation is minimized by the orientation of the parking lot lighting and the building storefront. All lights are positioned so as to avoid directing light beyond the property line and the store front faces Newport Avenue which is a commercial area. The current gasoline--~ales facility operates on a 24-hour basis and no reports of noise problems have been received. The mini-market use is proposed to sell typical impulse and convenience items such as grocery, fast food, sundry and auto related items; no off-site alcoholic beverage sales will be permitted for. The existing gasoline sales operation will remain. CONCLUS[O# After consideration of the site design, architecture, sign and land use related issues, staff considers the project compatible with the surrounding area. Community Development Department Planning Commission Report Use Permit No. 87-Z4 October 26, [987 -- page four Incorporation of the requirements for circulation and building slgns previously mentioned as well as the conditions contained tn the attched resolution provide adequate means of mttJgatton of any use related impacts of the project. Christine A. Shig~leton, Otrector 6f Community Development LOP:CAS:ts:per Attachments: Site plan £1evattons Floor plan Roof plqn Sign plan Environmental Initial Study Resolution No. 2445 Corn munity Development Department " . M,IT, C H ELL E ° --q" ' I" "": If[ '"'" liT' .... I,II,I !l~, !:,1!,1 I!1, 1, ,' IM,III;!:" ' ,,,:" i ,"d!l[!l :mi ,I "'" ' "'';~ :. I I:llhl!, .,I.I ]..I,.I,, ,,i.!.,- I!11 ;, ~I"";IIH' :,d,' II:P :' , ' I' I I .... II ,' I~ .r.i~.i~.i~§,l;Io. I,l,J,,,!,l[ h, I ,qd' Iii.. ..z'~)'~l'l ' '=.oo o:?.'.P- ,'ill, ill IIII: I I ,oo... . :. ~li[ll~ I llil ~.~1, ~'I....:o..' zo~L-} ~ -~.- . i_.:., iii ":' '*'"' ' "'" '.i ' .,lq,."'.l',,,., .,.,., ,, , ,,i ,I ,I,!llh'l'""' ]..l!'ll'", ,.:,.,.'l'hhl'l'""'m 'l V', k II1.,,i,..," i ~1-':t-~,.~ § qh;, .l Il, ''' ,,.:, .- . ,.,. - ' . h~l · llil/, , ~ ! w..~'"' CALIFORNIA ·. _ . ~ ' ~I::~Pr~J -- ~')c .c~:_.,; ,, (I · v ~ ~ I ~.~ ~_.. .., :, , .... , _. ,. ,., . ~~-~~~ . :: .. ' I~ . MITCHELL AVENUE ' " ' : n I II ~ Il ' I q Il ~ Jl I J .~111 Ill ,.,~,~ II ,J . I lhl~ , ~.1~ . I~ . JJ . .. ~1~ ,,~ .. I~ ,~ -- .,Jl .... ,,,,,,i. ,, ,.,, ,:l ,, ' ' I :. l iill.i "] ql:! !ii ......... ~J--' '~1 ~:ll - ~' '" ' .... ~o~__. ~, 14121 NEWPO~T TU~TIN: CAUFO.NiA , : ' It ....... ~~:l I I III, I II ' .... ~' I l['ll"l][" '],:;'['[ I SI ' - --- · ,.i,.,.l!l!lll!Jli~ I.L l[J ,, ,~, .i,.~l [l,Jllll!;qi :':', ',' lllll[ :,i,r' Il h i([l h " II]11 Ill I',fd.,:l. !11[ Ii[,,,,""'~, Ill[ I . ~ ] jl ;I I', '1 ;I ~i' ~t . > o gl II-- Jl Il TUSTIN, CALIFORNIA . .. ' , ' ' m ................. ~2 .. ,,,~ CITY OF TUSTIH ~ Co~un1 t70eve~ opment Oapar~aent E}IVIROHM~HTAL INITIAL STUDY FOR~ ~-~ 'Circle K · 900 Or.-Fefair L~-e/P.O. Box 4425 Anaheim~ CA 92803 ~714) 870-1253 ,,. ~ ~~ 10-13-87 ~ ~ Cit~ of Tustin ~ ~g ~ ~~ Circle K - Ne~ort Air. WIX tt~ prol~i ~.ult lm ~~ ~ ~ ~ in ~I~ ~. WIX ~ ~ ~lt Jm ~ ~ b~? x ~i~ ~ ~ m~? x ~~? x ~ ~ dl~ ~ ~ w~ d. P~s ~r o~ner ~fc~af facilities? ~ ~ ~ ~ ~i ~1~i~ to 17. ~ ~ WTII ~ p~ ~lt im ~ ~ of ~ m.~t~l ~1~ I~ ~ Will ~ ~ ~lt In ~ ~1~ ~ will ~ ~ ~lt in ~ ~ of ~ ~~ ~ site m. ~1~ vi~? ~~ ~~i~? -- x Dlseullkm af E~' E.mt~lti~n Noise w'ill only occur during construction. A temporar~ ~l,y__. Mostly a c~ercial area. IV. The project proposes minor modifications and a 2680 square foot structure. Ail traffic parking and use related impacts are handled through site and building design. Therefore no environmental impacts are expected to occur. m ~ ~~, ~ will ~ ~'~ ~ ~. A Octobe~ ~3t ~9~7 2 RESOLUTION NO. 2445 3 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF TUSTIN, AUTHORIZING CONSTRUCTION OF A 2,680 SQUARE 4 FOOT MINI-MARKET IN CONJUNCTION WITH A RETAIL GASOLINE I SALES STATION AT 14121 NEWPORT AVENUE. 5 0 -The Planning Commission of the City of Tustin does hereby resolve as follows: ? I. The Planning Commission finds and determines as follows: 8 A. A proper application, (Use Permit No. 87-24) has been filed on g behalf of Circle K to request authorization to construct a 2,680 square foot mini-market in conjunction with a gasoline sales 10 station at 14121 Newport Avenue. 11 B. A public hearing was duly called, noticed and held on said application. 12 C. Establishment, maintenance, and operation of the use applied for 13 will not, under the circumstances of this case, be detrimental to the health, safety, morals, comfort, or general welfare of 14 the persons residing-6r working in the neighborhood of such proposed use, as evidenced by the following findings: 15 1. The use proposed is a conditionally permitted use in the ]0 C-1 Retail Commercial Zone, and conforms to all development standards and regulations of said Zone as they pertain to 17 parking, circulation, structural setbacks, lot coverage, and authorized land use. I8 2. The use applied for is in conformance with the Tustin 19 General Plan. 20 3. The use proposed is compatible with the surrounding uses based upon its design which buffers adjacent residential 2! uses from the project and its location within a predomtnately commercial area. D. The establishment, maintenance, and operation of the use applied 23 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 Tusttn, and should be 24 granted. 25. E. Proposed development shall be in accordance with the development 26! 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 27 requirements as administered by the City Engineer. 28 Resolution No. 2445 2 page two 3 4 F. A Negative Declaration has been approved in conformance with the Caltfornt-a Environmental Quality Act. 5 G. Final development plans shall require the review and approval of 6 the Community Development Department. 7 [[. The Planning Comatssion hereby approves Conditional Use Permtt No. 8 87-24 to authorize construction of a 2,680 square foot mini-market in i conjunction with a retail gasoline sales station at 14121 Newport 9: Avenue subject to the conditions contained in the attached Exhibit A. 10 1! PASSED AND ADOPTED at a regular meeting of the Tustin Planning Commission, held on the day of , [98 12 13 ~- 14 KATHY WEIL, Chairman 15 lO PENNI FOLEY, Recording Secretary 17 18 19 20 21 22 23 24 25 26 27 28 EXHIBIT A CO#DITZO#S OF APPROVAL RESOLUTIOII IlO. 2445 GENERAL 1.1 The proposed project shall substantially conform with the submitted plans for the project date stamped October 26, 1987 on ftle with the Con~nuntty Development Department, as hereln modified, or as modtfted by the Director of Community Development Department in accordance wtth thts exhiblt. 1.2 Unless othe~tse specified, the conditions contained In this exhtblt shall be complied w~th prior to the tssuance of any butldtng permit for the project, subject to revtew and approval by the Community Development Department. 1.3 Th~s Conditional Use Permtt approval shall be become null and void unless building permits are Issued wtthln t~velve (12) months of the date on this exhtbit and substantial construction ts under~ay. 1.4 At butldlng plan check, construction plans, structural calculations; and t~tle 24 energy calculations shall be submitted. Requirements of the Uniform Butlding Codes, State Handtcap and Energy Requirements shall be complied w~th as approved by the Building Official. 1.5 At buildtng plan check, provide preliminary technical detafls and plans for all uttlt~y ~nstallattons Including cable TV, telephone, gas, water and electricity. Additionally, a note on plans shall be tncluded stating that no field changes shall be made ~thout corrections submitted to and approved by the Bulldtn9 Official. 1.6 Applicants shall sattsfy all Public Norks Department requirements Including but not limtted to the following: ^. The ftnal stte plan shall be standardized and reflect all appropriate Ct ty standard drawing numbers. The developer shall construct all mlsstng or damaged street Improvements to said development per the C~ty of Tust~n "Hlnlmum Design Standards of Public Norks" and "Street ~mprovement Standards". Thts work shal~ consist of, but ts not limited to, curbs and gutters, sidewalks, drtve apron, and street pavement. B. Provision of additional right-of-way dedication at the curb return to accommodate the current revised handtcap ramp standards. C. The applicant shall guarantee that connections to the sanitary sewer system are provtded as required by Sanitation Dtstrict No. 7. 1.8 Applicant shall comply w~th all requirements of the Orange County Ftre Chtef Including required ftreflow and Installation, where required, of f~re hydrants subject to approval of the Fire Department, City of Tusttn Public Norks Department and compliance ~ith all requirements pertaining to construction. Exhibit A Resolution No. 2445 Page two 1.9 Hours of operation are unlimited upon approval of this permit, however, should future problems occur regarding excessive noise or light in the late night or early morning hours, the Planning Commission reserves the right to hold a public hearing for consideration of revision of the hoursof operation. 1.10 Prior to issuance of any building permits, payment shall be made of all required fees including: A. Major thoroughfare and bridge fees to Tustin Public Works Department. B. Sanitary sewer connection fee to Orange County Sanitation District. C. Grading planchecks and permit fees to the Community Development Department. D. All applicable Building plancheck and permit fees to the Community Development Department. E. New development fees to the Community Development Department. P. School facilities fee to the Tustin Unified School District subject to any agreement reached and executed between the District and the Irvine Company. 1.11 The applicant shall sign and return an Agreement to Conditions Imposed form prior to issuance of Building permits. 1.12 Alcoholic beverage sales at this location is not permitted pursuant to Ordinance No. 981. 1.13 Outdoor storage prohibited at this location. 1.14 The base of the existing pole sign shall be treated with a mortar wash and painted with the proposed building wall color. SITE AND BUILDING CONDITIONS 2.1 Note on plans that all exterior colors to be used shall be subject to a review and approval of the Director of the Community Development Department. All exterior treatments must be coordinated with regard to color, materials and detailing and noted on submitted construction plans and elevations shall indicate all colors and materials to be used. 2.2 Note on plans that a six foot high chain linked fence shall be installed around the site prior to building construction stages. Gated entrances shall be permitted along the perimeter of the site for construction vehicles. 2.3 All rooftop mechanical or electrical fixtures and equipment shall be screened. All telephone and electrical boxes must be indicated on the building plans and shall be completely screened. Electrical transformers, where provided and wherever possible shall be located toward the interior of the project maintaining a sufficient distance from frontage of the project. Exhtbtt A Resolution No. 2445 Page three 2.4 Two 'No Loitering' stgns shall be posted at the store entrance. 2.5 Permanent or temporary signs shall not be placed tn store wlndows. Please revtse notes on Sheet A-3 to read "No temporary or permanent stgns are authorized for display In store windows." 2.6 Parking shall be maintained at a ratto of one space for every 200 square feet of bulldtng area. 2.7 All extertor 11ghttng shall be Installed so that rays do not dtrect 11ght unto any surrounding properties. 2.8 Two "entrance only" stgns shall be posted on the northerly Newport Avenue entrance. One "Right turn only" sign shall be placed on the southerly Newport driveway extt. LANDSCAP~NG~ GROUNDS AND HARDSCAPE ELEMENTS 3.1 Ftnal landscaping plans shall address the control of fertilizers, pesticides, and Irrigation water runoff. 3.2 Future formal submittals shall substantially conform to the submitted landscaping concept plan on file with the Department of Community Development, as heretn and modtfted or as modtfted by the Director of Community Development pursuant to the Ctty's Design Review procedures. The Department of Community Development may request minor substitutions of plant materials or request additional siztng or quanlty materials durtng butlding plan check. Note on landscaping plan that coverage of landscaping Irrigation materials ts subject to field Inspection at project completion by the Department of Community Development. 3.4 The submitted landscaping plans at plan check must reflect the following requirements: a) Turf Is unacceptable for grades over 25% a combination of planttng materials must be used, ground cover on large areas alone ts not acceptable. b) Provide a mtntmum of one 15 gallon size tree for every 30 feet of property 11ne on the property perimeter and five 5 gallon shrubs. 3.5 All newly planted trees shall be staked according to City standards. 3.6 Shrubs shall be a mtntmum of 5 gallon stze and shall be spaced a mintmum of 8 feet on center when Intended as screen planning. 3.7 Ground cover shall be planted between 8 to 12 inches on center. Exhibit A Resolution No. 2445 Page four 3.8 When ! gallon plant sizes are used the spacing may vary according to materials used. 3.9 Up along fences and or walls and equipment areas provide landscaping screening with shrubs, and or vines and trees on plan check drawings. 3.10 All plant materials shall be installed in a healthy vigorous condition typical to the species. 3.11 Landscaping must be maintained in a neat and healthy condition, this will include but not be limited to triming, mowing, weeding, removal of litter, fertilizing, regular watering, or replacement of disease or dead plants. 3.12 In irrigation areas the irrigation controller is to be enclosed in a lockable housing. Design irrigation systems to provide sufficient coverage of avoiding water overspray on buildings and sidewalks. Note on this requirement on plan check drawings. Report to the Planning Commission BATE: OCTOBER 26, 1987 SUBJECT: SAN DIEGO PIPELINE - EIR 87-2/SCH # 87080511 APPLICANT: SAN DIEGO PIPELINE CO)~PANY RECOMi~ENDED ACTION: It is recommended that the Planning Commission conduct a public hearing for the purposes of receiving public testimony and comment on Draft EIR 87-2; direct' staff to respond as necessary to public testimony received at the hearing; and to transmit to the City Council Draft EIR 8?2. PROJECT DESCRIPTION: The San Diego Pipeline Co~any (SDPC) is proposing to replace an existing 10" refined petroleum pipeline, currently located on a private easement property along an abandoned railroad right-of-way with 16" and 10" pipelines. These lines are to be located within the public right-of-way and generally to follow the route as follows: Southerly along Newport Avenue from a point near the intersection of Newport Avenue and Irvine Boulevard to Bryan Avenue, then easterly along Bryan Avenue to Tusttn Ranch Road then southerly to Moulton Parkway and into existing pipeline facilities. The project includes the abandonment of an existing pipeline currently on private property (residential backyards) and would revert current pipeline easement to the original property owner (Atchison, Topeka & Santa Fe Railroad Company). With the placement of the relocated pipeline in the public right-of-way, the proposed project requires approval by the City Council of a Franchise Agreement. The Franchise Agreement would grant the Company the rights of installation, operation and maintenance of the underground petroleum pipeline through Tustin. The City Council and its meeting of April 6, 1987 reguested staff to initiate Franchise negotiations as requested by the San Diego Pipeline Company. Since City Council action on any Franchise Agreement is a discretionary project, conformance with the California Environmental Quality Act (CEQA) is required. Community Development Deparlmem ~u~u~ed~a ~u~uJdOl~:3 X3!unuJuJoD Planning Commission Report San Diego Pipellne ' October 26, 1987 Page two Upon completion of an Environmental Initial Study by staff and later refined by -contract consultants to the City, it was determined that an Environmental Impact Report (EIR) should be prepared in conjunction with the project. Preparation of the EIR began with staff conducting a scoping meeting {held on August 18, 1987) to collect citizen concerns about the project and focus on the proposed scope of the EIR. Although attended by only 18 people, notice of the meeting was mailed to approximately 400 owners of properties which immediately abut the existing and proposed routes. After receipt of comments from a variety of a agencies, the firm of LSA completed a Draft EIR for the proposed project on September 23, 1987 which circulated to all required State and reviewing agencies. The review period for the Draft EIR will end on November 20, 1987. Prior to responding to any written comments on the Draft EIR and City Council action on the final EIR, a public hearing has been scheduled before the Planning Commission to receive any additional comme6~s on the Draft EIR and to provide an opportunity for Planning Commission and resident input in the environmental process. It is requested that the Planning Commission act as the conducting authority for purposes of receiving testimony on the Draft EIR. During or upon completion of the public hearing, the Consultant will be available to answer specific questions and respond as needed to testimony. Staff would request that all testimony and responses to the EIR be transmitted to the City Council for their final certification of the EIR. SLI~RY OF EIR Impact Categories evaluated in the EIR were as follows: ° Land use ° Noise ° Biology ° Air Quality ° Geology/topography ° Traffic/circulation ° Soils ° Pipeline safety/risk assessment ° Public utilities ° Pipeline abandonment program In addition to evaluating specific impacts of the proposed project, the Draft EIR also evaluated a number of reasonable alternatives to the project including an alternative route and a "no project" alternative. With the exception of pipeline risk assessment (potential spills), impacts associated with above listed categories have been reduced to a level of insignificance with recommended adoption and incorporation of identified mitigation measures. Planntng Commission Report San Diego Ptpeltne October 26, 1987 Page three There are no mitigating measures that can completely remove the possibility of a potential pipeline spills. Pursuant to Section 15903 of C£QA, projects may be approved even tf potential unavoidable impacts exist provided the approving jurisdiction adopts a statement of overriding considerations for the project. Information contained in the Draft EIR indicates that the proposed project will improve existing conditions which could support such a statement by the City Council. Improvements to existing conditions include: 1. New pipeline will be constructed, operated and maintained according to an approved Franchise Agreement contract and in conformance with all £IR mitigation measures. Currently the existing pipeline ts on an easement granted by the Railroad Company to the San Diego Pipeline Company, where the City has little or no regulatory po~er. In fact, should the pipeline company desire, tt ts their right to expand the system within the existing easement. No permits would be necessary, and no City discretionary actions would be required, and conditions improving the system could not be imposed. 2. Proposed pipeline will be located (f~r most of its extension) under the public right-of-way instead of on private property (residential backyards) as currently exists. In case of emergency, the access to the pipeline Is blocked, and the damaging effects would be much greater. 3. Proposed pipeline will be constructed, maintained and operated according to most updated Federal, State and local standards, procedures and regulations. The installation of state of the art leak detection devices computerized shutdown systems, and a corrosion protection system will significantly increase system safety over that of the existing 20 year old pipeline. 4. Proposed pipeline route would also eliminate the need for existing overhead pipe crossing at Interstate 5 southerly of Browning Avenue, on the Atchison, Topeka & Santa Fe Railroad bridge. As such an obstacle to potential road/freeway improvements ts removed. 'Patrtzta Materasst, Planner PM:CAS:pef:ts Attachment: EIR Summary of Impacts and Mitigation Measures Community Development Depar~men~ Report to the tem No. 6 Planning Commission DATE: OCTOBER 26, 1987 SUB~IECT: OLD TONg HISTORIC/CULTURAL RESOURCES STUDY RECO~ENDATTON: It 1s recommended that the Planntng Commission revtow and comment on the proposed Zontng Ordinance Amendments, request any changes to the Amendments, and tnstruct staff to schedule a workshop to dfscuss the proposed Amendments wtth residents and property owners tn the Old Town area. BACKGROUND: As the Comm~ssfon ts aware, the Department of Community Development has been worktng diligently over the last several months to draft any necessary Zoning Code Amendments for the commercfal and resfdenttal areas of Old Town. Attached for the Commission's revtew and ~nput. Is a f~rst draft of a proposed Cultural Resources Overlay District. The proposed draft wtll be concurrently revtewed by the City Attorney's offtce for thet~ comment~. Staff have also prepared an updated schedule for procesMng proposed amendments. It ts our destre to obtain the Commission's comments and to subsequently schedule a workshop for reMdents and property owners wtthln the proposed/district boundarfes to dtscuss and revtew the recommended approach. A copy of all pertinent background Information Is attached for the Commission's tnformetton Including a summary of workshop comments recefved from reMdents at a Community t~orkshop held on ~lay 27, 1987. Attachments 1 and 2 fdenttfy the moratorium and study area and residential and commercial uses and dfstrtcts wlthtn the project vicinity. ANALYSIS: 1.. Cultural Resources Overlay Dtstrtct Concept In preparation of proposed Zontng Ordinance amendments, staff compiled Information obtatned from Jurisdictions across the state tn order to assess all posstble alternatives, l~n addition, staff recetved from the State Department of Htstortc Preservation, a Model Cultural Resources /~anagement Ordinance and Information about the type of ~nformatfon that would have to be tncluded w~thtn a proposed ordinance tfa jurtsdfctton wanted to be eligible for state grants and funds. "Recommended taodel Provisions for a -Preservation Ordinance" were also obtafned from the Natlonal Trust for Htstortc Preservation. Community Development Oepar~men~ Planning Commission Report October 26, 1987 Old Town Page two After careful consideration of the issues addressed by residents and property owners and a review of information collected from a variety of sources, staff has determined that the most useful tool to encourage the preservation of the character of "Old Town" was the use of a Cultural Resources Overlay District. Old Town Tustin is unique in that an Old Town character is created by the concentration of certain architectural styles and neighborhood patterns and not by any one structure. It is this unique style that makes the area desireable. The challange is to design regulations that will preserve and enhance Old Town for future residents. An overlay zoning district is one which is overlaid on an existing zoning designation for the purpose of recognizing the special character of an area such as Old Town and providing for a special review or permit process. The underlying zoning remains in place but the addition of a cultural resource district designation would add to existing zoning requirements. Such a district also provides an administrative procedure for review of building alterations and demolitions through creation of a cultural resources advisory committee. With the establishment of the proposed District and cultural resource designation procedures, preservation of neighborhood character and unique cultural resources in Old Town can be assured. Staff also anticipates that the project will encourage rehabilitation of existing homes and possibly attract new businesses to the commercial area. The proposed Cultural Resource District generally follows the "Model Cultural Resource Orcinance" for California cities and counties prepared by the State Office of Historic Preservation. Adoption of the ordinance will open new doors for state, local and posslbly even federal funding which can help to augment renovation costs as well as encourage existing owners to pursue rehabilitation options that were not previously possible. 2. District Boundaries Determination of District boundaries was established based on the general criteria contained in Section O of the attached draft ordinance and substantial field reconnaissance by staff. Proposed boundaries as graphically portrayed on Exhibit A generally reflect the following: a. Inclusion of a major portion of area within the original City of Tusttn jurisdictional boundaries; - b. Inclusion of R-l, and multi-family zoned properties which exhibit unique architectural character and historic/cultural resources in the Old Town area; Community I~-veloPrnen~ Depar~rnen~ Planning Commission Report October 26, 1987 Old Town Page three c. Inclusion of historic sites as identified by the Tustin Historical Society which are included on the Tustin Heritage Walk; d. Inclusion of E1Camino Real Commercial District between Newport Avenue and First Street. 3. Advisory Committee In addition to establishment of an overlay district and development standards, the state requires for funding purposes, creation of an Advisory Committee. This five (5) person Committee would be set up as outlined in Section C of the attached Ordinance. The Committee would be responsible for reviewing applications for alternations, new construction projects or removal of structures within the District or other structures, which may be located within or outside District boundaries which have been designated as cultural resources. The proposed Ordinance also provides the mechanism to permit the Committee to establish architetural guidelines for use in review of projects. 4. Development Standards There currently exists many different land uses within the proposed project area. In order to accommodate development and revitalization of the commercial district and to encourage rehabilitation and preservation of the residential character of the single and multi-family districts, development standards should be tailored to the needs of these specific areas. These standards will be in addition to and in certain cases supersede the current requirements of the Zoning Code. However, the uses authorized for the properties in the project are not expected to change. Staff have identified separate residential and commercial development standards. The major change in residential standards is in the increase in the minimum lot size to 10,000 square feet for single family zones and 15,000 square feet for multiple family zones. Although the current minimum lot size is only 7,200 square feet in the single and multiple, the average size residential lot located within the proposed Cultural Resources District is over 12,000 square feet. Commercial development standards proposed in the Overlay District are those that are currently included in Specific Plan No. 1 (the E1 Camino Real Development Plan) adopted by Ordinance No. 157, which would be repealed with the adoption of the proposed, Cultural Resource District. 5. Processtn9 Schedule Based upon the current staff work load and cases involving the East Tustin Project, staff anticipates the following schedule: Cornrnuni~y Developrnen~ Oeparirnen! Planning Commission Report October 26, 19876 01d Town Page four Date Activity October 26, 1987 Preliminary d~scusston with Planning Commission to review staff report and recommended approach. November 9, 1987 Workshop with Planning Commission residents and property owners November 23, 1987 Planntng Commission to hold Public Hearing on any recommended Code Amendment. December 7, 1987 City Counct~ to have first reading and consider adoption of recommended Ordinance Amendment. December 21, 1987 City Councl~ to have second reading of Ordinance. January 21, 1987 Ordinance/Ftna~ project in effect and moratorium terminated. 6. Additional Recommended Activities As a follow-up to adoptton of the proposed ordinance, staff wi~l be recommending the following additional actions be taken by the City Council: 1. Appointment of a Cultural Resources Advisory Committee 2. Authorization to ut111ze consultant services for the fo~lowing: a. Preparation of a City wide Cultural Resources Inventory/survey for use by the Advisory Committee in designating "Cultural Resource Sites". b. Preparation of architectural gutdellnes for resfdentia~ and commercial uses within Old Town for use and adoption by the Advisory Committee. Director of Community Development CAS: per Attachments: Draft Ordinance Community Development Depar~rnen~ "/ ATTACHMENT 1 i t'°'m','m-;~ . I ~ I I ~ ~.~ _.~__~ '~ ....... - ~--- ~J I! I I ~I~--,'. ' ' ' ~ I ' FIRST STREET HliilItlIt--I __ ~--~i MAiN m STRUT CITY OF TUSTIN NORTH LEGEND ,m,~- STUDY AREA BOUNDARY =~=="~'- MORATORIUM AREA BOUNDARY (ADOPTED JUNE 1, 1987) ~ - FIRST STREET SPECIFIC PLAN AREA (NOT INCLUDED) ATTACHMENT 2 . :::::::::: ~ .....~ .............. ::: : :::::~ ~RST STREET MAIN STRUT LEGEND ~- 81~GLE FAME. Y RESDEN'nAL gl-l) ~ -MLLTI-FAbl. Y RESDENTLAL (~-3, MHP) PD, PC-RES, lllll~l- PROFESSIONAL OFFICE (PR) ll~l-- COMMERCIAL (C-1, C-~ AND CG) ~- ~iDUSTRIAL (PM AND M) ~ - INSTITUllONAL (P&I) '- RRST STREET SPEG1FIC PLAN AREA .(NOT I~ClJJDED) SUIdlHARY OF COH~UNZTY NORKSHOP COHHENTS ON OLD TOIiN held on Ray 27, 1987 S,----rtzed by Ctty of Tusttn Department of Community Development OLD TOle( #ORKSHOP #EETING TOTAL NUMBER OF ATTENDEES: 43 (See Attached) PRIORITIES - Preserve R-! zoning - no zone changes to commercial or multt-~amily. - On-street parking - lack of parking both on and off-site. - Preserve architectural character of the area and establish architectural guidelines to follow. - Preservation of hlstortc resources - Create a historic district. - Trafftc and parking control problems (i.e. parking violations, lack of on-street parking and speeding in Old Town). - Continue the moratorium until the plan is complete. - Retain exlsttng long, narrow lot configurations to preserve character of the area. PRIORITIES - Upgrade infrastructure in the area. Weed and trash abatement. - Parking problems on 6th, "B", andMain Streets. - Speeding cars on Main Street, can we encourage an alternate route? · - Adopt parking restrictions along Main, 6th and "B" Streets. - Maintain the 'Old Town' character. #3 PRIORITIES - Decoratively paved cross-walks on E1Camtno and Main not clearly marked so cars don't stop. - All commercial sites should provide their own parking. - Limit growth in area. - Require architectural comparability with all new projects. - Limit commercial vehicle weights on Pacific street. - Add green space. ~4 PRIORITIES - Uniform parking, lighting and landscaping in parkways. - Limit access to "A" and Mt. View streets by putting in a cul-de-sac on the north side. - Encourage housing maintenance/removal of weeds. - Preserve existing structures before building new ones. _ - Get historial sites on a register. OLD TO#N #EETING PRIORITIES page tuo PRIORITIES - Need handicap curbs on Hain Street. - Careful tracking of changes on Yorba Street. - Better communication between the City and residents. - Create harmony guidelines for properties surrounding '01d Town'. - Uniform parkway maintenance throughout 'Old Town'. - Impact of freeways. - Install stgns to Identify 'Old Town' area. - Air trafftc ~ssues. - Keep Peppertree Park as ts. ADDITIONAL CONCERNS - Landscapped ramp tnstallatlon when public projects reconstruct curbs at. corners llke 'B' Street and Hain Street. - Remove restrictions on parktng orr 'B' Street when parking structure ts completed. OLD TOlill I~EETI'NG ATTENDEES: Jeanne C. Aldrich-Ames 165 North "B" Street (714) 838-0316 Robert F. Buckley 14851Yorba Street (714) 832-9200 R.£. Coffman 180 Mrytle Street (714) 544-6040 Don LeJeune 440 W. Main Street (714) 838-2017 Perry Cook 415 W. Main Street (714) 544-6523 Paul Snow 430 W. Main Street {714) 838-3442 Bryan Wood 1101E. Chestnut Ave. (714) 558-9272 Richard Vtning 400 W. Main {714) 838-5149 Randy Strtckland 455 W. Third (714) 838-2266 Irwin G. Gross '125 North "B" Street (714) 731-0483 Lyn Van Dyken 235 So. "A" Street (714) 544-8293 Joel North 14851Yorba Street (714) 832-9200 Mr. & Mrs. Charleton 460 W. 2nd Street (714) 544-9612 Wolfgang Hack Irvine & Yorba (714) 675-6442 Ed & Iris Wellman 450 W. 2nd Street (714) 838-5609 Lynda Scott 642-D W. Main St. (714) 730-6005 George Olsen Tustin News (714) 544-4110 Jeff & Cheri Thompson 330 S. Preble (714) 544-3836 John Sauers 515 S. Pacific (714) 544-7896 Ruth Rowland 365 W. 6th Street (714) 544-7592 Joan Reigottte 664-C W. Main Street (714) 832-0969 Barbara Cox 450 South "B" Street (714) 544-3590 Barbara Drtebelbis 13791 Carlsbad (714) 544-2553 OLD TONN HEETZNG ATTENDEES page tvo Ray & Pauline Bfggerstaff 155 N. Yorba Street (714) 730-9611 Ltbby Pankey 320 W. MaJn (714) 544-1224 Frank & Marllyn Sullens 639 W. Mafn (714) 731-0449 BIll& Efleen Funken 550 Pacfffc (714) 838-2930 Mr. & Mrs. Torres 695 ~. 3rd. (714) 544-1077 Mr. & Mrs. Bode 310 S. Padadena Not Available Geo. Certfko 11592 Vfsta Pandrama, S.A. (714) 532-3975 Bfll F1nken 690 ~. 3rd. (714) 838-9861 Robin L. Kn~lens 175 S. "A" Street (714) 832-7114 F. Harrtson 664-A ~. Mafn Not Avaflable Dan Btgos 168 N.~"A'' St. (714) 838-2704 Draft 10-19-87 For discussion only ORDINANCE NO. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TUSTIN, CALIFORNIA ADOPTING ZONING ORDINANCE AMENDMENT 8?-4 AMENDING PART S AND ? OF CHAPTER 2, ARTICLE 9 OF THE TUSTIN MUNICIPAL CODE AS IT RELATES TO CULTURAL RESOURCES The City Council of the City of Tusttn does ordain as follows: Section 1: That Part 5, Chapter 2 of Article 9 of the Tustin Municipal Code entitled "Combined Districts" be retitled to read "Part 5 Combining and Overlay Districts". Section 2: That Section 9252 be added to Part 5, Chapter 2 of Article g of the Tustin Municipal Cod~ to read as follows: 9252 CULTURAL RESOURCE DISTRICT (CE) A. PURPOSE Tustin has played a vital role in the history of Orange County and has retained a rich and unique cultural heritage. The City Council declares that the recognition, preservation, protection and use of cultural resources are required in the interest of the health, safety, prosperity, social and cultural enrichment and general welfare of City residents. The purpose of this District is to: 1. Safeguard the heritage of the City by preserving neighborhoods, structures, sites and features which reflect elements of the City's cultural, architectural, artistic, aesthetic, political, social, natural and engineering heritage. 2. Encourage public knowledge, understanding and appreciation of the City's past. 3. Strengthen civic and neighborhood pride and a sense of identity based on the recognition and use of cultural resources. 4. Promote the private and public enjoyment and use and preservation of cultural preservation districts, structures and sites appropriate for the relocation and recreation of the citizens of Tustin and visitors to the City. Ordinance No. Page two 5. Enhance the visual and aesthetic character, diversity and interest of the City. 6. Enhance property values and increase economic and financial benefits to the City and its inhabitants. 7. Assure that new construction and subdivision of lots in a cultural resource district is compatible with the character of the district. 8. Identify as early as possible and resolve conflicts between preservation of historic and cultural resources and alternative land uses. B. APPLICABILITY The Cultural Resources Overlay District shall apply to those properties as shown on the offtctal Tustin Zoning Hap and designated cultural resource structures and sites as may be adopted by resolution by the City Council and listed by address and file with the Department of Community Development. 2. The zoning district map shall be amended to indicate the application of the Cultural Resources Overlay District. The designation CR shall be added after the underlying zoning designation. 3. The requirements of this section shall be considered in conjunction with the requirements of the underlying district. If a conflict exists between the requirements of the underlying district and this Section the requirements of this Section shall apply. C. CULTURAL RESOURCES ADVISORY COMMITTEE 1. There is hereby created a Cultural Resources Advisory Committee which shall consist of five (5) members appointed by the City Council who shall reside or own property in the City and who shall serve without compensation. 2. To the extent possible the Committee shall have among its membership at least one person engaged in architecture or a design profession, one person with a demonstrated interest and knowledge in local history and historical preservation, one person owning property within a designated cultural resource district, one person engaged in business within a designated Cultural Resources District, and a member of the City's Planning Commission. Ordinance No. Page three 3. The original appointment of the members of the Committee shall be as follows: two for three years, and three for four years, except that the term of the Planning Commission member shall coincide with the Commissioner's term on the Commission. Subsequent appointments for all other committee members shall be for a four year term. 4. The Committee shall adopt its own rules and by-laws consistent with laws for the handling of its business and procedures. 5. The Committee shall have the following powers and duties: a. Maintain a local register of cultural resources including cultural districts, and cultural resource sites, and landmarks within the City. b. Review and comment upon the conduct of land use, housing and redevelopment, municipal improvement, and other types of planning and programs undertaken by any agency of the City, the County, or State, as they relate to properties within the cultural resources district. c. Adopt prescriptive standards to be used by the Committee in reviewing applications for permits to construct, change, alter, modify, remodel, remove, or significantly affect any cultural resource. d. Approve or disapprove, in whole or in part, applications for permits pursuant to this Section. e. Review all applications for discretionary permits, environmental impact reports and statements, and other similar documents pertaining to cultural resources, or properties within a Cultural Resource District. The Planning Commission shall forward all such documents to the Committee for review and comment. The Committee shall forward its comments to the Planning Commission. f. Keep minutes and records of all meetings and proceedings including voting records, attendance, resolutions, findings, determinations and decisions. All such material shall be public record. Ordinance No. Page four D. CULTURAL RESOURCE DESIGNATION CRITERIA For the purposes of this Section, an improvement may be designated a cultural resource by the City Council, and any area within the City may be designated a cultural resource district by the City Council if it meets the following criteria: 1. It exemplifies or reflects special elements of the City's cultural, architectural, aesthetic, social, economic, political, artistic, engineering and or architectural heritage; or 2. It is identified with persons, a business use or events significant in local, state, or natural history; or 3. It embodies distinctive characteristics of style, type, period, or method of construction, or is a valuable example of the use of indigenous materials or craftmanship; or 4. It is representative of the notable work of a builder, designer, or architect;~or S. Its unique location or singular physical characteristic represents an established and familiar visual feature of a neighborhood, community or the City; or 6. Its integrity as a natural environment that strongly contributes to the well being of residents of the City; or 7. It is a geographically definable area possessing a concentration or continuity of site, buildings, structures or objects as unified by past events or aesthetically by plan or physical development. Ordlnance No. Page five E. CULTURAL RESOURCE DESIGNATION PROCEDURES Cultural Resource Districts and designated cultural resources shall be established by the City Council as follows: 1.' Any person may request the designation of an improvement as a cultural resource or the designation of a cultural resource district by submitting an application for such designation to the Committee. The Committee or City Council may also initiate such proceedings on their own motion. 2. The Committee shall conduct a study of the proposed designation and make a preliminary determination based on such documentation as it may require as to its appropriateness for consideration. If the Committee determines that the application merits consideration, but only if it so determines, it shall schedule a public hearing with due speed. 3. The Committee's decision to schedule or not to schedule a public hearing strall be in writing and shall be filed with the Community Development Director. Notice of a decision not to schedule a public hearing shall be given by mat1 to the applicant. No building, alteration, demolition or removal of permits for any improvement, building or structure within the proposed cultural resources district or relative to a proposed cultural resource shall be issued while the public hearing or any appeal related thereto is pending. 4. In the case of a proposed cultural resource site, notice of the date, place, time and purpose of the hearing shall be given by first class mail to the applicants, owners, and occupants of the improvement at least 10 days prior to the date of the public hearing, using the name and address of such owners as shown on the latest equalized assessment rolls, and shall be advertised once in a newspaper of general circulation. 5. In the case of a proposed cultural resources district, notice of the date, place, time and purpose of the hearing shall be given by first class mail to the applicant, owner and occupant of all properties within the proposed district at least 10 days prior to the date of the public hearing, using the name and address of such owners as shown on the latest equalized assessment rolls, and shall be advertised once in a newspaper of general circulation. 6. At the conclusion of the public hearing, but in no event more than 30 days from the date set for the initial public hearing for the designation of a proposed cultural resource or cultural resource district, the Committee shall Ordinance No. Page stx recommend approval in whole or in part, or disapproval in whole or in part of the application in writing to the Planning Commission who shall follow all. Zonlng Amendment procedures contained in the Tustin Municipal Code for designation of a cultural resource district. In the case of designation of a Cultural Resource or site, the Committees recommendation shall be transmitted directly to the City Council. 7. The City Council, after receipt of the recommendations from the Committee for designation of a Cultural Resource District, shall by ordinance approve the application in whole or in part, or shall by motion disapprove it in its entirety. In the case of designation of a cultural resource the City Council shall by resolution approve the application in whole or in part of, or by motion disapprove the request. 10. Failure to send any notice by mail to any property owner where the address of such owner is not a matter of public record shall not invalidate any proceedings in conjunction with the proposed~destgnation. 11. Amendment, revision or deletion of a designation may be accomplished by following the above procedures. F. CERTIFICATE OF APPROPRIATENESS REQUIRED 1. A certificate of appropriateness shall be required prior to: a. Alteration or modification of the exterior features of a building or site within a designated cultural resource district or a designated cultural resource building, or construction of a new buildings or improvements within a designated cultural resources district or site. b. Demolition or removal of any cultural resource on a cultural resource site, or of any structures or improvements in a cultural resource district. c. A certificate of appropriateness shall not be required for ordinary maintenance or repairs that do not involve a change in design, exterior material or original appearance of a structure, nor any construction, reconstruction, alteration or removal of any feature which has been determined by the Building Official to be necessary to protect the public health or safety due to an unsafe or dangerous condition provided the Building Official certifies such action to the Cultural Resources Committee. Ordinance No. Page seven G. PROCEDURE FOR CERTIFICATE OF APPROPRIATENESS 1. Application for Certification of Appropriateness shall be made on forms provided by the Community Development Department and shall contain whatever detailed information (plans, drawings, agreements, photographs, etc.) as is determined by the Community Development Department to be necessary for the Committee to act on the request including payment of fees. Where the proposed project requires other discretionary approvals such as a tentative tract map, the background information shall also be concurrently submitted to the Committee on each of these applications. 2. Appi'ications for Certificate of Appropriateness shall co~ly with the California Environmental Quality Act (CEQA). 3. The Community Development Director shall have the authority to approve with conditions, disapprove or refer to the Cultural Resources Committee, Certificates of Appropriateness far minor inq~rovements such as but not limited to the following: a. stgnage b. change of exterior colors or materials (i.e. windows, doors, etc.) c. landscaping and hardscape (i.e. fences, walks, walls etc.) redesign d. accessory structures 400 sq. ft. or less 4. All i~rovements not considered minor shall be referred to the Cultural Resources Committee who shall have the authority to approve, deny or conditionally approve a Certificate of Appropriateness. 5. The Cultural Resources Committee is hereby granted the authority to approve deviations from the provisions of this Section in regard to required conditions, yard improvements, off street parking and loading, and signing if it finds that the deviation is necessary to achieve the purposes of this Section and that the deviation will not adversely affect the public health, safety and general wel fare. 6. The decision of the Community Development Director is appealable to the Cultural Resources Committee and any decision of the Committee is appealable to the City Council. Any appeal shall be made in writing and delivered to the Department of Community Development no later than seven calendar days from the date of the Ordinance No. Page eight decision. Such appeal shall spectfy the grounds upon which the appeal is based and be accompanied by a fee set by resolution. The Department of Community Development shall set the matter for consideration at the next available meeting of the Committee or City Council, and shall give written notice to the appellant of the time and date set for consideration. Upon the hearing of such appeal, the Committee or City Council may affirm, reject, or modify a determination. 7. A Certificate of Appropriateness shall lapse and become void one year following the date on which the certificate was approved unless the conditions of the approval specify a lesser or greater time or unless, prior to such expiration date, a building permit is issued by the Building Official and construction is commenced and diligently pursued toward complet'ton on the site which was the subject of the application. A certificate may be renewed for an additional period of one year or for a lesser or greater period provided that prior to the expiration of the.tima period granted, an application for renewal of the permit is filed with the Community Development Department. The Cultural Resource Committee may approve, approve with conditions or deny an application for renewal of a Certtfiate of Appropriateness. 8. Upon violation of any of the applicable provisions of this section or, if granted subject to a condition or conditions, upon failure to comply with the condition or conditions, a Certificate of Appropriateness shall be suspended automatically. Notice of such suspension shall be sent immediately to the person responsible for nonco~ltance by the Community Development Director. Within thirty (30) days of the suspension the Cultural Resources Committee shall consider the suspension. If not satisfied that the regulation, general provision, condition, or conditions are being complied with, the Committee may revoke the Certificate of Appropriateness or take such action as may be necessary to ensure compliance with the regulation, general provisions or conditions. REQUIRED FINDINGS FOR CONSTRUCTION OR ALTERATION The following findings are required for issuance of a Certificate of Appropriateness for alteration of designated structures, for construction on a cultural resource site, or Ordinance No. Page nine for construction or relocation within a district. No Certificate shall be Issued if the findings cannot be made. For work on a designated structure within a district, the required findings for both structure and district shall be made. 1. Alteration of a designated cultural resource: a. The proposed work would not detrimentally alter, destroy or adversely affect the resource and is compatible with the architectural style of the existing structure. b. The proposed modification will return the essential elements which make the structure, site or feature historically valuable. 2. Construction or alterations in a cultural resource district: a. The proposed work conforms to the Municipal Code and other design standards which may be established from time to timely the Cultural Resources Committee. b. The proposed work does not adversely affect the character of the District or cultural resources within the District. c. The proposed work is harmonious with existing surroundings. The extent of harmony shall be evaluated in terms of appropriateness of materials, scale, size, height, placement and use of a new building or structure in relationship to existing buildings and structures and the surrounding setting. 3. New construction or activity on a cultural resource site: a. The proposed work shall be consistent with the existing designated structures or features on the site and will not adversely affect the resource. I. FINDINGS AND ADDITIONAL PERMIT PROCEDURES FOR DEMOLITION OF DESIGNATED STUCTURES OR STRUCTURES CONSTRUCTED PRIOR TO 1940: 1. No person shall carry out or cause to be carried out any demolition of a Cultural Resource or structure within a Cultural Resource District built prior to 1940 without first receiving a demoliton permit from the City. Such permit shall not be issued unless one of the following events has ocurred: Ordinance No. Page ten a. A Certificate of Appropriateness has been approved by the Cultural Resource Committee or by the City Council on appeal, with or without conditions; or b. A period of [80 days has expired from the date of Cultural Resource Committee denial of the Certificate of Appropriateness, and there has been no City Council review; or c. A period of [80 days has expired from the date of City Council affirmation of the Cultural Resource Committee denial; or d. A period of 360 days has expired from the date of City Council denial of the Certificate of Appropriateness. 2. In addition to the above requirement, no Demoliton Permit shall be issued for the demolition of a designated Cultural Resource or structure within a Cultural Resource District built prior to 1940 until a Building Permit has been issued for a replacement structure. 3. A Certificate of Appropriateness for the demolition of a Cultural Resource~ shall not be approved unless the Committee or, on appeal, the City Council finds that one or more of the following conditions exist: a. The structure/site is a hazard to public health or safety and repairs or stabilization are not physically possible. b. The site is required for a public use which will be of more benefit to the public than the Cultural Resource, and there is no feasible alternative location for the public use. c. That the proposed application is necessary to construct a project of special merit. d. For a Cultural Resource only: 1. It is not feasible to preserve or restore the structure, taking into consideration the economic feasibility of alternatives to the proposal. 2. The proposed replacement structure does not detract from the neighborhood. e. Reconstruction or restoration is not feasible or practical. Ordinance No. Page eleven J. DESIGN CRITERIA AND DEVELOPMENT STANDARDS 1. The Cultural Resources Committee may establish, promulgate and adopt by resolution design criteria and standards for properties'as are necessary to supplement the provisions of this Section as a guide to evaluate applications for certificates of appropriateness, said criteria may include, but not be limited to, the following: a. Acceptable materials for new construction such as stucco, masonry, metal, and glass curtain; b. Appropriate architectural character, scale, and detail for new construction; c. Acceptable appurtenances to new and existing structures such as gables, parapets, balconies and dormers; d. Acceptable textures and ornamentaion such as paint colors and types, use of wood, stone, metal, plaster, plastics, and other manmade materials, use of shutters, wrought and cast iron, finishes of metal, colors of glass, such as silver, gold, bronze, smoke, and other details or architectural ornamentation; e. Acceptable accessories on new or existing structures such as light fixtures, gas lights, canopies, exterior carpentry, tile or wood, signs, banners, flags and projections; and 2. Residential standards a. Permitted uses 1. all uses shall be permitted in the cultural resources district as are authorized in the underlying residental district. 2. The City Council may also permit other non-listed uses which support the purposes of the district as a conditional use following a public hearing and recommendation by the Planning Commission. b. Site development standards: 1. Minimum single family lot size: 10,000 square feet 2. Minimum multiple family family lot size: 15,000 square feet. Ordinance No. Page t~elve 3. Commercial Standards a. Permitted uses 1. All -uses shall be permitted in the cultural resource district as are authorized in the underlying commercial district. The City Council may also permit other non-listed uses which support the purpose of the district as a conditional use following a public hearing and recommendation from the Planning Commission. b. Limitations on permitted usesNo merchandise shall be displayed nor advertised for sale on or over public right-of-way. This section is not to be construed as restricting nor limiting the outside display and sale of merchandise on private property within the district. c. Authorized and encouraged uses The followtn~uses are authorized and encouraged with the interest of creating a commercial village atmosphere: Pipe & Tobacco Shops Lamp shops Wine Tasting Rooms Yardage Goods Leather Goods Knit Shops Candle Shops Ice Cream Parlors Boutique Jewelry Shops Coffee Shops Wrought Iron Ware Ethnic Restaurants Art Galleries {Spanish, Mexican General Offices French, German) Photographer's Studios Hobby Shops Gift Shop Delicatessens China and Crystal Antique Shops The above list of potential uses is not all encompassing but typifies the character of uses that illustrate the desired image. d. Site development standards and exception: In order to provide maximum flexibility in design and development for various lot sizes, consistent with a concept of village environment, the following criteria and exceptions are applicable Ordinance Page thirteen 1. Front building setbacks may be established at the property line except for corner properties requiring a five foot (5') line of sight clearance. 2. Rear yard setbacks shall be established at fifteen (15) feet from the rear property line, or In the event the development extends to the next intervening street, the rear setback line shall be construed as the frontage on "C" or Prospect Streets. 3. As an exception to the general sections of this chapter and other .provisions of the Zoning Ordinance, when commercial and professional properties are developed or converted to permitted uses under the provisions of this Ordinance, on-site parking requirements may be modified under any one or a combination of the following provisions: a. Property or propertles that lie within a Vehtcle Parking Assessment Otsttct or Business Improvement Area sha]l be exempt from the requfrement for on-site parking accommodations, subject to the provisions of the parking or Improvement district ordinance. b. On-site parking requirements may be waived upon the presentation to the City of a long term lease, running with and as a conditions of the business license, for private off-site parking accommodations within 300 feet of the business or activity to be served. c. All or a portion of required number of parking spaces may be satisfied by depositing with the City an amount, to be used for public parking accommodations within the area, equal to 4 times the assessed value as determined from the latest assessment roll of the County Assessor, of 200 square feet of land within the area, for each required parking space not otherwise provided. e. Publtc Improvements Public improvements contributing to the motif of the area and the intent of this ordinance are to consist of the following: Ordinance ~o. Page fourteen 1) Street furniture for convenience of the pedestrian shopper to consist of benches and trash receptacles. 2) Street 11ghttng with the use of stanchions and ftxtures that contribute to the development theme. 3) Street portals to create an 1denttty of approach to the area for vehtcle and pedestrian traffic. 4) The use of wishing wells as theme and area Identity. 5) Street and traffic patterns that segregate vehicle from pedestrian trafftc by provldtng rear access to parking accommodations, deltvery services, and through traffic, with frontage accommodations for pedestrians and short term convenience parking. K. DUTY TO KEEP IN GOOD REPAIR The owner, occupant, or other person in actual charge of a cultural resource shall keep the exterior of any designated structure, site, or f~ature in good repair and any interior portions which are necessary to prevent deterioration and decay of any exterior architectural feature. L. CIVIL AND CRIMINAL PENALTIES Any person who willfully violates the provisions of this Section by undertaking the demolition or partial demolition of a cultural resource without the express approval of the Committee or City Council shall be guilty of an misdemeanor, and shall be deemed to have created a nuisance which shall be abated by requiring the owner within thirty days of notice of violation to sign a contract with the City to restore the building, structure, landscaping, and/or site to its appearance prior to the violation within 180 days. Any action to enforce this subsection shall be brought by the City Attorney. This civil remedy shall be in addition to and inclusive of, any other remedies which may be available to the City. SECTION 3. That Section 9297 of Part 7, Chapter 2 of Article 9 be amended to add the following definitions alphabetically: "Alteration" means any exterior change or modification, of any Cultural Resource or of any property located within a Cultural Resource District. Ordinance No. Page fifteen "Certfftcate of Appropriateness" means an approved certificate issued for the construction, demolition, alteration, removal, or relocation of any publicly or privately owned cultural resource, or any structure, na[ural feature, of site within a Cultural Resource District. "Committee" means the Cultural Resource Committee. "Cultural resource" means improvements, buildings, structures, signs, features, sites, places, areas or other objects of scientific, aesthetic, educational, cultural, architectural, or historical significance to the residents of the City. "Exterior architectural feature" means the architectural elements embodying style,, design, general arrangement and components of all of the outer surfaces of an improvement, including but not limited to, the kind, color and texture of the building materials and the type and style of all windows, doors, lights, signs and other fixtures appurtenant to such improvement. "'Designated site' (cultural resource site)" means a parcel or part thereof on which a cultural resource is situated, and which has been designated a cultural resource site. Section 4. That Ordinance No. I57 entitled the E1 Camfno Real Redevelopment Plan (Specific Plan No. l) is hereby repealed. Section 5. That the official Tusttn Zoning Map is hereby amended to tnclude a Cultural Resource Overlay District and to include those properties shown on Exhibit A within said district. Section 6. If any section, sentence, clause, or phrase of this Ordinance is, for any reason, held to be invalid or unconstitutional by a decision of any court of competent jurisdiction, such decision shall not affect the validity of the remaining portions of this ordinance. The City Council hereby declared that it would have passed this ordinance and adopted this chapter and each section, sentence, clause, or phrase, thereof, irrespective of the fact that any one or more sections, subsections, sentences, clauses, or phrases be declared invalid or unconstitutional. PASSED AND ADOPTED at a regular meeting of the Tusttn City Council held on the day of , 1987. Richard B. Edgar Mayor Mary E. Wynn City Clerk EXHIBIT A /// I,.~ /ii ~ ~ I ~'~"','r~-~'~ . -- IRVINE BLVD ~/i-~-~~ ~~, . ~, ,.. /' [ ~ : ~ ~ , ~1 ~0 :~ i'~ ' ~ -: ' ' M~ ............ i ST~ ..... TUSTIN ,,'¢-~--_ ~- I I / ~ I ~ ~'- / / NORTH OLD TOWN CULTURAL RESOURCES OVERLAY DISTRICT ----- DISTRICT BOUNDARY Report to the , Planning Commission DATE: AUGUST 10, 1987 TO:. TUSTIN PLANNING COMMISSION FROM: COMMIJNITY DEVELOPMENT DEPARTMENT SUBJECT: STATUS OF OLD TOWN ZONING STUOY RECOMMENDATION Receive and file. BACKGROUND On June 1, 1987 the Tustin City Council extended a moratorium on the processing of zone changes, land use occupancy changes and land subdivision applications in the Old Town area (see Exhibit A attached to Ordinance No. 987). As part of this project, a tentative schedule was identified by staff for processing all necessary Zoning Code Amendments. All background information is contained in the staff reports attached hereto. On May 27, 1987 the Community Development Department held a community workshop where residents and property owners were given an opportunity to identify key issues and set project priorities. As a result, staff was able to identify a direction for the project and to start research on the implementation of an Historic Preservation program for the project area. As outlined in the May 21, 1987 staff report, a workshop session was to be held on August 10, 1987. This meeting was for the purposes of reviewing the proposed Zoning Ordinance Amendments and overall project concept. However, since the time of the preparation of the tentative schedule, the Community Development Department has experienced a large increase in projects as a result of the East Tusttn project. Additionally, the preliminary research already conducted has identified numerous alternatives and has uncovered many new concepts which the Department has not yet analyzed. As a result, staff is not at a point where a recommended approach can be proposed. In reviewing the current case load within the Department and the status of the 01d Town project research, staff has devised a new processing schedule. This proposed schedule ts as follows: Community Development Department Planning Commission Report Status of Old Town Zoning Study page two Date Activity August 10 - Staff to complete analysis of Study area. September 28, 1987 Preparation of Zoning Code amendments and Ordinances per selected course of action determined. September 28, 1987 Preliminary workshop with Planning Commission and residents to review Staff report and recommended approach. October 12, 1987 Planning Commission to hold Public Hearing on any recommended Code amendments. October 19, 1987 City Council to have first reading and consider adoption of recommended Ordinance amendments. November 2, 1987 City Council to have second reading of Ordinance. December 2, 1987 Ordinance/Final project in effect and moratorium terminated. This schedule is subject to change and may vary if any of the public meetings are continued or cancelled. Further extensions are not expected, however, East Tustin project processing may require some reworking of the schedule according to staff case load. CONCLUSION At this time, staff is working on research and preparation of draft Ordinances for Zoning Ordinance Amendments for creation of a Historic Overlay District. Once draft ordinances are prepared, staff will present the recommended approach to the Planning Commission. At current staff case load, presentation of this information can be expected to follow the recommended schedule outlined previously in this report. Christine A. Shlnglel~t, _ Director of Community'Development attachment: April 20 and May 21, 1987 staff reports L Community E)evelopment Depariment LCP:CAS:ts TO: ¥]LLZAN HUSTON, CZTY ~IANAG£R FROM: C01~IUNZTY DEYELOPNEIIT DEPARTNEIfT SUBJECT: EXTENSZON OF ~IORATORIU~I 0RDINANC£-' OLD T0ttli RESZDEETIAL AREA REC01~IENDATION: H.0. That Urgency 0rdlnance No. 987 have ftrst reading by tttle only. H.O. That Urgency Ordinance No. 987 be ~ntroduced. H.O. That Urgency Ordinance No. 987 have second .readtng by title only. .~ M.O. That Urgency Ordinance No. 987 be passed and adopted. " BACKGROUND: 0n'Aprtl 20, 1987 the Tust~n C~ty Counctq adopted an tnterfm ordfnance ('~1o. 984) whtch placed a meratorlum on the processing, approval or fssuance of permtts for subdfvtsfons, changes tn land use occupancy and zone changes 1n the 01d Town Residential area (See £xhtbtt A). The subject moratorium was established for the purpose of completing Zontng 0rdlnance amendments whtch wtll ensure the maintenance of extsttng single-family character and preservation of resources located In the residential area of '01d Town'. Processfng or approval of tndfvtdual development projects wlthtn thls area prtor to the ~ompletton of the study and adoptton of any Zonfng 0rdtnance amendments could have an adverse effect on the character of the '01d To~n' area and potentfally jeopardize the Integrity. of the planntng process. Pursuant to Sectton 65858 of the California Government Code, the current moratorium fs effective for 45 days from the date of adoptlon and fs expected to exptre on June 3, 1987. The Cfty Councll may extend the moratorium for ten months and fffteen (15) days and subsequently for an addftfonal year. Prtor to considering extension of any moratorium, Section 65858 of the Calffornta Government Code requ1~es that a report be prepared and made available to the publlc ten (10) days prior to the publfc hearfng. Thls report should describe the proposed measures to be taken to allevfate the condftfon whfch led to the adoptton of the moratorium. Thts report contalns 'a summary of the characterfstlcs of the area, the zontng related fssues of the area and a tentative schedule for the fnttfatton and adoption of Zonlng 0rdlnance amendments. Extension of Moratorium Ordinance- Old Town.Residents Area page two WORK PROGRAM: The Community Development Department recently began a .process of analyzing the residential area of 'Old Town' for possible zoning changes. It has been Staff's intention to provide for a participatory process that would involve the residents of the area in: (1) identifying issues and problems; (2) evaluating alternative approaches and solutions; {3) selecting a preferred approach and: 4) recommending any necessary Zoning Ordinance amendments. To date,' the following work efforts have §een conq~leted on the zoning study: 1. Identification of a proposed study area; 2. Preparation of a base map; 3. Collection of data regarding zoning, land use, condition of property and public i~rovements on a lot-by-lot basis within the study area; 4. Preparation of zoning, land use, and potential historical resource maps; .~ 5. Collection and analysis of historic preservation alternatives and review of Ordinances, Design Guidelines, and research performed by other Jurisdictions throughout the State of California: 6. Scheduling of a community workshop on May 27, 1987 {Staff will be prepared to orally summarize major issues identified at this. meeting for the City Council on June 1, 1987). " The current moratorium area is predominantly single-family with the exception of Tusttn Acres and office buildings along the southerly side of Irvine Blvd. There are a total of 315 lots and 696 property owners (for-zoning purposes, Tusttn Acres is considered one lot). Zoning and approximate acreage within the moratorium area are summarized below: Zonln~ acreages - Old To~n Moratorium Area Approximate Zone No. of Lots Size (in acres) R-l: Single Family 243 371.32 R-3/PD: Multi-Family 45 17.22 PR: Professional Office 25 5.37 P & 1: Public & Institutional 2 .61 - Total: 315 Lots 394.52 Acres In addition to the actual moratorium area, Staff have identified a larger study area for purposes of analysis which also includes the Old Town commercial district along E1Camino Real. This larger study area conta4ns 538 lots and 875 property owners. The general boundaries of the study area are the I-5 freeway on the south, the 55 freeway on the west, Irvine Blvd. on the north and Centennial Way on the east. Extension of Moratorfum 0rd~nance- · 01d To~n Residential Area page three ~h~le the spectffc type of Zoning 0rdtnance amendments have not yet beth determined for the project, there are a number of alternative means of accomplishing objectives of the project. The use of [ontng Code restrfct~ons, an overlay dtstr~ct for h~stor~c preservation, a spec~ffc plan or any combtnatfon thereof, depending upon the outcome of the Town Hall meeting scheduled on Hay 27th are several of the alternatJves being explored. [n response to the Council's request of Apr~l 20, 1987, the follo~fng tenat~ve schedule ts anticipated to ~omplete the project: DATE ACTI¥1TY May 27, 1987 To~n Hall meeting/workshop wfth resfdents and property o~ners of '01d June 1, 1987 Public Hear~ng~ he~d by C~ty Council to consider extansfon of the moratorlum on the '01d To~n' Residential Area. June ! - Aug. 10, 1987' Staff to complete ana~ys~s of Study area. Preparation of Zoning Code amendments and Ordinances per selected course of actfon determined. ~August 10, 1987 Prellwlna~y workshop w~th Planning Commission and residents to rev~e~ Staff report and recommended approach. August 24, 1987 Planning Comm~ssfon to hold Public Heartng on any recommended Code amendments. September 8, 1987 Cfty Counc~ to have f~rst read~ng and consider adoption of recommended Ordinance amendments. September 21, 1987 C~ty Councl~ to have second reading of Ordfnance. October 22, 1987 Ord~nance/Ffnal project ~n effect and moratorium term~natad. ExtensJon of ~oratortum Ordinance- Old Town Residential Area page four Accordfng to 'thfs tenattve schedule, total processfng t~me for thfs project can' be expected to Pun approxfmately four (4) to ffve ($~ months. ThSs schedule w~11 vary accordfng to the complexity of the ffnal project and the current work load of the Communfty Development Department. Upon adoption of any recommended Zoning Ordinance amendments, the moratorium would aUtomatJcally expire. Attachments: ORDII~ANCE NO. 987 .~. EXH]:B[T A 1 2 3 4 ORDINANCE NO. 987 AN URGENCY ORDINANCE OF THE CITY COUNCIL OF THE CITY 5 OF TUSTIN, CALIFORNIA, EXTENDING THE MORATORIUM ON THE PROCESSING, , APPROVAL OR ISSUANCE OF PERMITS FOR 6 SUBDIVISIONS, CHANGES IN LAND USE OCCUPANCY AND ZONE CHANGES ON PROPERTIES IN THE RESIDENTIAL AREA OF OLD 7 TOWN TUSTIN AS APPROVED BY ORDINANCE 984. '8 The. City Council of the City of Tustin, California, does ordain as follows: 9 I. The City Council finds and determines as follows: 10 A. The Community Development Department is currently conducting a study to determine the feasibility of establishing architectural 11 guidelines, zoning requirements and regulations to maintain the existing single family character and to preserve historic 12 resources located in the residential area of "Old Town" as shown on Exhibit A attached he~eto. B. Many existing properties and structures within the "Old Town." 14 residential area are of substantial historical- character and absence of proper zoning and architectural historic preservation 15 guidelines is injurious to the public health, safety and welfare. 16 C. The Community Development Department has received a preliminary 17 subdivision proposal which .could significantly impact the character of the "Old Town" residential area. 18 D. The integrity of the planning process and any resulting 19 recommendation for the residential area of "Old Town" could be significantly jeopardized if individual development proposals 20 within the residential area are processed before new zoning provisions are negotiated and adopted. 21 II. The City Council hereby extends the moratorium on the processing, 22 approval or issuance of permits for any subdivision of land, zone change or change in land use occupancy (from residential use to any 23 other use) on properties located within the residential area of "Old Town" as shown on Exhibit A attached hereto pending completion of the 24 study and report of the Community Development Department and Planning Commission and action thereon by the City Council. The moratorium 25 shall extend for a period of ten (10) months and fifteen (15) days from the date of adoption of this ordinance, unless duly extended or 26 terminated. Ordinance No. 987 J= Page ~o 6 III. This ordinance iS adopted to protect the public health, safety and welCare and is ad6pted as an urgency measure by a four-fifth (4/5) ? vote pursuant to the provisions of Section 65858 of the California Government Code and shall take effect immediately. The urgency ts 8 based on the fac-t that the Ctty Council hereby finds that the processing or approval of certain projects on the subject property 9 prior to completion of the study would have an adverse effect on the character of'the "Old Town" residential area and existing development 10 and uses within the area and upon the proper planning of the City of Tustin. 11 PASSED AND ADOPTED at a regular meeting of the City Council of the City of 12 Tustin held on the 1st day of June, 1987. 14 15 10 Richard B. Edgar, Mayor 17 19 2() Mary E. Wynn, City 21 22 23 25 26 27 2,~ ~OT TO ':;CAI..F. ORDI~AUC£ MO. NORTH NOT TO SCALE TO: WILLIAM A HUSlllI, CIl'f llAIIAGEJl FROM: C01~IUNX"rT DEYELOPMENT OEPARTI4ENT sUgJECT: PROPOSED II)RAI~)RIUM - ~ TOItli RE$IDEXTIAL ARE/ REC01414ENDATIOII: ~Io0. That Urgency Ordinance .Ho. 984 have first readlng by title only. ~4.0. That Urgency Ordinance Ho. 984 be introduced. ~I.0. That Urgency Ordinance Ho. 984 have second reading by title only. )4.0. That Urgency Ordinance Ho. 984 be passed and adopted. BACXGROUND AND ANALYSTS: The Community Development 0eparteent recently began a process of analyzing the -residential area of 01d Town for posstble zontng changes (maps have been prepared and boundaries for a study area are currently being reviewed by staff). Staff is also ant!clpattng a participatory process that would involve residents of the area and CIW staff in the following: 1. Identification of issues and problems in the area. 2. Evaluation of alternative approaches and solutions. 3. Selection of a preferred approach. 4. Adoption of any necessary Zoning Code Amendments. Tn an attempt to initiate communication with the residents in the residential area of 01d Town, staff met with selected members of the 01d Town Homeowner's Association on April 8th. It was mutually agreed that a workshop session for residents in the area would be planned for May sometime. Although the group responded enthusiastically to the proposed planning process, the integrity of this process and any recommendations could be jeopardized if individual development proposals within the residential area are processed before new zoning provisions are negotiated and adopted. The Community Development Department has received a preliminary resubmittal on the Alnslle property (the property has been sold to a new party). The proposal would resubdt vi de the existing three lots to create 6 new lots permitting development of 6 units. While all current zoning standards can be met, there could still be significant controversy about the impact of such a project on the character of the area. As initially presented, the six lots would be served by a private street similar to the original Ainslie proposal. Since there are other lots in the vicinity which are also 300' deep, staff questions whether it is in the best interest· of the orderly development of this area to encourage such private streets at the expense of existing character of these neighborhoods. Ct'cy Counctl Report April 20, 1987 Old To~h Hor~tor~um Page two Rather than creattng significant controversy tn the area before co~let~on the proposed planntng ~fort, s~ff would ~co~nd t~at the Council adopt'an tntert= uegen~ ordinance that would l~ose a =oratortu= on the processing, approval or tssuance of pratts for any subdivision' of ~and, zone change change In land use occupan~ (feoa residential to any other use) w~thtn the residential area of 01d T~n unt~l co~letJon of ~e planning error:. ~n the lntert=, thts approach would s:tll per=tt the current property ~ner to build 2 untts on each lot under a Conditional Use Per=tt process. The ~tter ts extre~ly u~ent stnce the new ~nee ts expected to subatt~l wtthln 20 to 30 days. Director of Community Development CAS:per Attachments: Urgency 0rdlnance No. 984 ORDINANCE NO. 984 AN URGENCY ORDINANCE OF THE CITY COUNCIL OF THE CITY OF, TUSTIN, CALIFORNIA, DECLARING A MORITORIUM ON THE PROCESSING, APPROVAL OR ISSUANCE OF PERMITSFOR SUBDIVISIONS, CHANGES IN LAND USE OCCUPANCY AND ZONE CHANGES ON PROPERTIES IN THE RESIDENT[AL AREA OF OLD TOHN TUSTIN The Ctty Counctl of the City of Tusttn, California, does ordain as follows: I. The Ct~y Council f~nds and determines as fo11~s: A. ~e Commn~ty Oevelop~nt Depar~nt ts currently conduc~1ng a s~dy to detemlne the feasibility of es~b*11shtng architectural ~tdellnes, zontng requlre~n[s and regulations to ~tntatn the extsttng stngle famtly character and to preserve htstorlc resources located tn the residential area of "01d T~n" as shown on Exhtbtt A attached hereto. 8. ~ny extsttng proper~t.~s and s~c~ures ~tthtn the "01d T~n" residential area are o-f subs~nttal historical character and absence of proper zofltng and architectural historic preservation guidelines Is tn~u~tous to the public heal,h, safety and welfam. C. ~e Country Develop~nt Depar~nt has mceived a preliminary subdivision proposal which could significantly impact the cha~ac~ of ~e "01d T~n" residential area. O. The Jn~gr~W of ~e planntng p~ocess and any resulting reco~ndatton for the ~estdenttal area of "01d T~n" could be significantly Jeopardized tf individual develop~nt proposals wtthtn ~e residential area are processed before n~ zontng provisions are ~gotta~ed and adopted. [~. The CIW Counct] hemby declares a ~ttortum on ~e p~ocesslng, approval Or issuance of permits for any subdivision of land, zone change oe change In land .use occupanw (f~om residential use to any other use) on properties located ~tthtn the residential area of "01d T~n" as sh~n on Exhtbtt A at~ched he.to pending completion of ~e study and report of the Com~nt~ Deve]op~nt Oepar~ent and P~anntng Co~tsslon and actton thereon by ~e City Councll. The ~r1~o~um shall ex.nd for a pertod of 45 days from the date of adoption of thts ordinance, unless duly ex~nded or ~r~tnated. Ordinance No. 984 2 Page t~o '3 4 I]]. Thts ordinance ts adopted to protect the publlc health, safety and welfare and Is adopted as an urgency measure by a four-fifth (4/5) § vote pursuant to the provisions of Sectton 65858 of the California Government Code and shall take effect tmmedtate]y. The urgency ts 6 based on the fact that the Ctty Counctl hereby ftnds that the p~ocesstng or approval of certain projects on the subject property ? prior to completion of the study would have an adverse effect on the character of t~e "01d Town" residential area and extsttng development $ and uses wtthtn the area and upon the proper planntng of the Ctty of Tustln. PASSED 'AND ADOPTED at a regu]ar meettng of t~e Ctty Counctl of the Ctty of 10 Tusttn held on the ZOth day of Apr11, :L987. ]3 Richard 8. Edgar, ,~layor 15 16 17 18 Nar~ E. ~ynn, Ctty 19 25 27 Planning Commission DATE: OCTOBER 26, 1987 SUBJECT: REPORT ON COUNCIL*' ACTIONS - October 19, 1987 Oral presentation. - pef Attachments: City Council Action Agenda - October 19, 1987 Community Devclopmeni Department ACTION AGENDA OF A REGULAR MEETING OF THE llJSTIN CITY COUNCIL ~ OCTOBER 19, 1987 7:00 P.M. 7:00 I. CALL TO ORDER/PLEDGE OF ALLEGIANCE/INVOCATION ALL PRESENT II. ROLL CALL III. PROCLAMATIONS -PRESENTED TO 14ARGARET 1. MARGARET GREINKE & THE CITY OF TUSTIN 60TH ANNIVERSARY COMMITTEE GREINKE, TONY COCO AND SPECIAL PLAQUE PRESENTATION TO MARGARET GREINKE JOSEPH LANGLEY PRESENTED TO 2. "RED RIBBON WEEK" - OCTOBER 25-31, 1987 ETHEL REYNOLDS AND KAREN MERGELER IV. PUBLIC HEARINGS - None. ROBERT COLEMAN V. PUBLIC INPUT GENERAL MANAGER OF AMERICAN CABLEVISION REQUESTED TIL~T EA.S-~ ll~b-~E)l CA~ILEVISION BE AGENDIZED FOR THE NEXT MEETING. COUNCIL MOVED THAT IT WOULD BE AGENDIZED FOR THE NEXT MEETING. JOSEPH HERZIG ASKED IF THE CLOSED SESSION WAS REGARDING THE NORTH TOSTIN HOMEOWNERS GROUP AND' ROURKE RESPONDED THAT IT WAS. EDGAR RESPONDED THAT IF ANY ACTION WAS TAKEN, IT WOULD BE MADE PUBLIC. VI. CONSENT CALENDAR °PROVEI) 1. APPROVAL OF MINUTES ~--OCTOBER 7, 1987, ADJOURNED REGULAR MEETING )ROVED 2. APPROVAL OF DEMANDS IN THE AMOUNT OF $1,315,581.87 RATIFICATION OF PAYROLL IN THE AMOUNT OF $329,291.89 APPROVED STAFF 3. REJECTION OF CLAIM NO. 87-17; CLAIMANT: JUSTIN VAN DER KOLK/PAT VAN RECOVJ~EWOATION DER KOLK, PARENT AND GUARDIAN; DATE OF LOSS: 3/15/87; DATE FILED WITH CITY: 6/22/87 Reject subject claim for personal injuries in an amount unknown, but which will exceed $5,000 as recommended by the City Attorney. APPROVED STAFF 4. REJECTION OF CLAIM NO. 87-13; CLAI. MANT: BIANCA MARIA RIZZO; DATE OF RECOMMENDATION LOSS: 1/16/87; DATE FILED WITH CITY: 3/27/87 Reject subject claim for personal injuries and property damage in an amount of $5,000,000 as recommended by the City Attorney. ADOPTED RESOLUTION 5. RESOLUTION NO. 87-120 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY NO. 87-120 OF TUSTIN, CALIFORNIA, APPROVING LOT LINE ADJUSTMENT NO. 87-3 (Lots 6 and lO,i. Tract 12763) Adopt Resolution No. 87-120 as recommended by the Public Works Department/Engineering Division. APPROVED STAFF 6. REIMBURSEMENT AGREEMENT WITH IRVINE RANCH WATER DISTRICT (IRWD) RE RECOMMENDATION CONSTRUCTION OF .DISTRICT FACILITIES IN JAMBOREE ROAD BETWEEN I-5 FREEWAY AND IRVINE BOULEVARD Approve subject agreement for reimbursement by IRWD for costs estimated at $490,000; and authorize the Mayor and City Clerk to execute same, as recommended by the Public Works Department/ Engineering Division. CITY COUNCIL ACTION AGENDA Page 1 10-19-87 VII. ORDINANCE FOR INTRODUCTION PROVED STAFF 1. SPEED ZONES: ENGINEERING & TRAFFIC SURVEY - ORDINANCE NO. 996 ._COMI~ENDATION k~lI CH INCLUDED INTRODUCTION Survey prepared by BSI Consultants, Inc., recommends certain speed OF ORDINANCE NO. 996 limits on Holt Avenue from Irvine to Warren; Newport Avenue from Sycamore to Walnut, from Walnut to E1 Camino Real, and E1 Camino Real to Wass Street; Pasadena Avenue from Sycamore to McFadden; and Redhill Avenue from Barranca to EdingeP. Recommendation: That the City Council: 1} Approve the Engineering and Traffic Survey dated September 16, 1987, as prepared by Dennis Barnes, Consulting Traffic Engineer of BSI Consultants, Inc.; and 2) M.O. - That Ordinance No. 996 have first reading by title only. M.O. - That Ordinance No. 996 be introduced. ORDINANCE NO. 996 - AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TUSTIN, CALIFORNIA, ESTABLISHING PRIMA FACIE SPEED LIMITS ON CERTAIN STREETS VIII. ORDINANCE FOR ADOPTION ORBINANCE 994 FAILED 1. BRANDISHING OF REPLICA FIREARMS - ORDINANCE NO. 994 --TO BE ADOPTED BY 2-3 VOTE Proposed ordinance for use as interim enforcement tool for officers in incidents regarding the brandishment or threatening display of replica firearms until Assembly Bill 295 becomes effective on January 1, 1988. Subject ordinance received first reading and introduction at the October 7, 1987, Adjourned Regular Meeting. ORDINANCE NO. 994 - AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TUSTIN, CALIFORNIA, ADDING SECTION 6202 TO CHAPTER 2 OF ARTICLE 6 OF THE TUSTIN CITY CODE REGARDING THE BRANDISHING OR THREATENING DISPLAY OF REPLICA FIREARMS Recommendation: M.O. - That Ordinance No. 994 have second reading by title only. M.O. - That Ordinance No. 994 be passed and adopted. IX. OLD BUSINESS MOVED TO SUPPORT SITE 1. COLUMBUS TUSTIN PARK PHASE II PLAN "A" AND THAT THE COF~4II-rEE BE REINSTITUTED A detailed., Design Development Report for Columbus Tustin Park for Council Consideration. Recommendation: Pleasure of the City Council. X. NEW BUSINESS ~PPROVED STAFF 1. EMERGENCY REPLACEMENT OF TRAFFIC SIGNAL CONTROLLERS - RESOLUTION .{ECOI~fNDATION W~IICH NO. 87-119 INCLUDES ADOPTION OF RESOLUTION NO. 87-119 CITY COUNCIL A£TION AGENDA Page 2 10-19-87 Recommendation: That the City Council: 1) Adopt the following; RESOLUTION NO. 87-119 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TUSTIN, ORANGE COUNTY, CALIFORNIA, DECLARING THAT PUBLIC INTEREST AND NECESSITY DEMANDS IMMEDIATE EXPENDITURE OF PUBLIC MONEY TO SAFEGUARD LIFE AND HEALTH 2) Award the bid to Steiny and Company, Fullerton, for the replace- ment of traffic signal controllers at Red Hill/Valencia Avenues and Red Hill/Warner Avenues; and 3) Authorize a supplemental 1987-88 Budget appropriation in the amount of $33,000 in General Fund monies for subject project. ~iEND LETTER TO THE 2. ORANGE COUNTY INTERGOVERNMENTAL ASSOCIATION ~ LEAGUE, WITH COPIES TO THE (CITIES THAT WE WANT TO Mayor Edgar requested this item be agendized. ~E)OPEI~ATE Will( THE OTHER CITIES BUT WE DO NOT WANT Recommendation: Pleasure of the City Council 1FO SET UP ~OTHER GOVERNVEN~[~')~T-~ ' CDUNCIL TO SEND LEl-rER 3. REVIEW OF NORTH TUSTIN MUNICIPAL ADVISORY COUNCIL {NTMAC) BYLAWS & TO LEAGUE VOICING THE NTMAC REQUEST TO JOIN LEAGUE OF CALIFORNIA CITIES COUNCIL'S VIEW THAT SINCE ~'ItIS AREA IS IN THE TUSTIN Mayor Edgar requested this item be agendized. '1ERE OF INFLUENCE, THEY _; ULD NOT BE A WENBER Recommendation: Pleasure of the City Council ~. THE LEAGUE ' XI. REPORTS I~ATIFIED 1. PLANNING COMMISSION ACTIONS - OCTOBER 12, 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 October 12, 1987. · FLLY REQUESTED XlI. OTHER BUSINESS TO BE UPDATED ON THE STATUS OF THE RESIDENCE AT THE WATER WORKS FACILITY. KELLY REQUESTED THAT THE I~TTER OF THE AIRPORT ACTIVITY BE AGENDIZED FOR EACH ~ETING. COUNCIL CONCURRED. K~NNEDY REPORTED THAT t~. KNOX STILL .HAS NOT HEARD FROM THE COUNCIL'S AIRPORT CONSULTANT AND REQUESTED THAT STAFF SEE THAT HE RESPONDS. KENNEDY REQUESTED THAT THE EMERGENCY PREPAREDNESS PLAN BE AGENDIZED FOR THE NEXT I~ETING. H__OESTEREY RESPONDED TO H~. GREINKE'S CONCERN REGARDING AIRCRAFT. HE WILL BRING A REPORT TO THE · INCIL SO WE WILL KNOW HOW IT EFFECTS OUR AREA. · -LY HAD A PETITION FROM 14~. LENNIHAN ON Dt~J~YTON AVE. REGARDING PA.RTYGOERS FROM THE CALIFORNIA APARTMENTS. HE GAVE IT TO THE CITY ENGINEER TO INVESTIGATE. CITY COUNCIL ACTION AGENDA Page 3 10-19-87 PRESCO1-F REQUESTED THAT ~ AI)~OURN COGNIZANT OF THE FACT THAT OUR STOCK MARKET EXPERIENCED ITS CIU~SH IN RECORDED HISTORY. EDGAR REPORTEO llb~T IqARGARET BYRD IS NOT PRESENT TONIGHT BECAUSE SHE IS IN THE HOSPITAL. SHE HAD A SLIGHT STROKE. EDGAR POINTED OUT THAT THE PROCLAJ4ATIONS WE RECEIVED FOR OUR 60TH ANNIVERSARY WERE DISPLAYED ON THE WALL BEHIND THE COUNCIL. HE FELT WE SHOULD FIND A SUITABLE PLACE TO DISPLAY THEM. EDGAR REQUESTED THAT i4E HAVE PROCLAJ~ATIONS FOR TUSTIN 'FILLER DAYS AND FOR THE JAYCEES FOR THE PAJ~.AJ)E EDGAR FELT WE SHOULD EXPLORE WITH THE SCHOOL DISTRICT THE POSSIBILITY OF BUILDING COMPARABLE BLEACHERS ON THE NORTH SIDE OF THE TUSTIN HIGH SCHOOL FIELD. HOESTEREY FELT IT MIGHT BE PREMATURE BECAUSE OF THE CAL TPJ~NS EXPANSION OF THE FREEWAY. EDGAR FELT WE SHOULD START THINKING ABOUT IT. KENNEDY SAID SHE WANTED IT PRIORITIZED WITH SOME THINGS ON HER WISH LIST AND ASKED THAT COUNCIL TALK ABOUT THIS BEFORE ~ GET STAFF TO STUDY IT. RECESSED TO XIII. CLOSED SESSION CLOSED SESSION AFTER REDEVELOPMENT The City Council will recess to Closed Session pursuant to Government AGENCY MEETING Code Section 54956.9{a) to confer with the City Attorney regarding pend- ing litigation, and pursuant to Government Code Section 54957 to con- sider personnel matters. 8:32 XIV. ADJOURNMENT To the above Closed Sessioh-:and thence to the next Regular Meeting on Monday, November 2, 1987, at 7:00 p.m. :ITY COUNCIL ACTION AGENDA Page 4 10-19-87 ACTION AGENDA OF A REGULAR ~ETING OF THE TUSTIN REDEVELOPMENT AGENCY OCTOBER 19, 1987 7:00 P.M. 8:32 1. CALL TO ORDER ~, A~.L PRESENT 2. ROLL CALL APPROVEI) 3. APPROVAL OF MINUTES -'OCTOBER 7,::'1~87, ADJOURNED REGULAR MEETING Recommendation: Approve. A~PROVED 4. REDEVELOPMENT AGENCY DEMANDS - SEPTEMBER, 1987 A list of Redevelopment Agency Demands for the month of September, 1987. Recommendation: Approve Demands in the amount of $35,153.17 for the month of September, 1987, as recommended by the Finance Department. APPROVED STAFF 5. UNDERGROUNDING DISTRICT NO. 9, FIRST STREET BETWEEN PROSPECT AVENUE & RECOHI~NDAT~ON NEWPORT AVENUE EDGAR REQUESTED THAT WE HAVE POLES TO City Council held a public hearing and established subject district on ~$PLAY SIGNS ON October 7, 1987. An additional $1,000 is needed to cover the cost of ~;F STREET THE SAIqE one additional street light. E DID ON HAIN ST. Lb~.~NDECKER SAID IT Recommendation: Approve a supplemental appropriation of $1,000 for sub- WOULb HAVE TO BE DONE ject project to cover the cost of one new street light as recommended by SUBJECT TO AVAILABIL- the Public Works Department/Engineering ITY OF POLES. IqOVED TO AGENDIZE THE HAI'FER Division. AJ~PROVE/) STAFF 6. APPROVAL OF CONSULTANT SERVICES FOR PREPARATION OF THE TOWN CENTER RECOI41qENDATION REDEVELOPMENT PLAN AMENDMENT EIR A proposal by staff for preparation of an EIR for the Town Center Redevelopment Plan amendment. Recommendation: Authorize the Executive Director to execute the consul- tant services agreement with Michael Brandman Associates for preparation of the Town Center Redevelopment Plan Amendment EIR in an amount not to exceed $19,410 as recommended by the Community Development Department. NONE 7. OTHER BUSINESS 8:35 8. ADJOURNMENT To the next Regular Meeting on Monday, November 2, 1987, at 7:00 p.m. REDEVELOPMENT AGENCY ACTION AGENDA Page 1 10-19-87