HomeMy WebLinkAboutPH 1 ZONE CHANGE 86-2 05-19-86 PUBLIC HEARING
A ' No.
DATE: MAY 19, 1986
TO:
FROM:
SUBJECT:.
HONORABLE MAYOR AND CITY COUNCIl
CQMHUNI~TY OEYELOPPIENT DEPAR~TPIENT
ZONE CHANGE 86-2 - HEALTHCARE PEDZCAL C~NTER
RECIZ~IENDED ACTION:
M.O. Have first reading of Ordinance No. 969 by title only.
H.O. Introduce Ordinance Ho. 969.
AIIALYS[S:
Attached to this memorandum is the Planntng Commission staff report of April 28,
1986, which describes the proposed zone change. In that report staff
recommended approval of the zone change whereupon the Commission concurred
with the following changes for Exhibit "B":
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That the securtty depostt shall be refunded wtthtn 30 days of the 6 month
nottce to vacate.
That no demolition permits shall be issued until all tenants have vacated
the entire premises.
That the buildings to be constructed on the premises shall not exceed 2
stories or 30 feet in height.
All potential new tenants shall be notified of the pending change of use
of the property before signing a lease or rental agreement.
The revised Exhtbtt "B" is attached to Ordinance No. 969.
Subsequent to this zone change, the specific development plan will require a use
permit. The City will then have the opportunity to further condition the
project in order to ensure compatibility wtth~n~un~ty.
~ O. LAMM,
AssoEtate Planner Director of Community Development
MAC:pef
Attachments: Planning Commission Staff Report dated 4-28-86
Ordinance No. 969
£xhibtt."A"
Exhibit "B"
Planning Commission Meeting Minutes dated 4-28-86
Report to the
Planning Commission
ITEM # 6
DATE:
SUBJECT:
APPLICANT:
LOCATION:
OtfllER:
ENVIROIIIENTAL
STATUS:
ZONE:
GENERAL PLAN
DESIGNATION:
REQUEST:
APRIL 28, 1986
ZONE CHANGE 86-2
PHYSICIANS OFFICE SERVICES
P. O. BOX 4OO8
AUSTIN, TX., 78765
1101 SYCNIORE AVENUE
DONALD YIJST (RANCHO LA PAZ APARTMENTS)
461 S. GLASSELL
ORANGE, CA., 92666
AM APPLICATION HAS BEEN F/LED FOR A NEGATIVE DECLARATION TO
CONPLY HI'IH THE CALIFORNIA EMVIROIPlEMTAL QUALITY ACT.
(R-3) HULTIPLE F'N~XLY
PUBLIC AND INSTITUTIOMAL
TO CHANGE THE ZONE IRON RULTIPLE-FAFIILY (R-3) TO PUBLIC /did
INSTITUTIONAl. (P&I).
RECOIglENDED ACTION:
Recommend to the Ctty CouncJ1 approval of Zone Change 86-2 by the adoptton of
Resolution No. 2327.
BACKGROUND:
On November 5, 1984 the Ctty Counct1 approved Use Permtt 84-16 whtch authorized
the construction of a 57,563 square foot medtcal offtce butldln9 at the
Healthcare Hedtcal Center (former Tusttn Community Hospital) at 14662 NeNport
Avenue. In conjunction Ntth that approval, a ne~ parking lot Nas provtded on
part of the Tusttn Block Co. property. When that new parktng lot Nas completed,
construction of the office butldtng commenced and non is approximately
completed.
Planning Commission Report
April 28, 1986
Page two
On March 10, 1986 the Planning Commission held a publtc heartng for a General
Plan Amendment (GPA86-2c) request by the Healthcare Medical Center for the
property adjacent (easterly) of their present facility. This request was to
change the General Plan designation for the property at 1101 Sycamore Avenue
from Multi-family to Publlc and Institutional, The current use of the subject
property ts a 26 unit apar13nent complex. At that ttme the Planning Commission
voted 2-2 to recommend' approval of this amendment to the Ctty Council.
Therefore, there was not a recommendation from the Planning Commission.
On April 7, 1986 the City Council held a public hearing on the amendment and
voted 4-1 to approve Generel Plan Amendment 86-2c.
The applicant Is no~ requesting a Zone Change from the Multiple-Family (R-3) to
the Publlc and Institutional (P&I) District. Thts action would then brtng the
zontng into comformance with the General Plan, a requirement of state law.
PROd~GT AIIAL¥STS:
At the Ctty Counctl meeting on the General Plan Amendment, several concerns were
raised regarding the proposed change to Public and Institutional (P&I).
Specially, the concerns were in regard to relocation of the apartment units,
development standards and use of the property. It was staff's contention that
the General Plan level was not the appropriate stage to consider these concerns,
so the Counctl directed'staff to review these items as. part of the zone change.
For this particular case, the appropriate "vehicle" to accomplish the objectives
would be conditional zoning on the Public and ~nstttuttonal designation. This
is a zone change which permits the use of a particular property subject to
conditions not generally applicable to land similarly zoned. Under
conditional zoning the landowner agrees to perform conditions not Imposed on
other landowners. Zn thts case (Zone Change 86-2), Physician's Office Services
has agreed to the following conditions in order to mtttgate the uncertainty of
the future use and the present tenants relocation as follows:
TENANTS
The applicant, Physician's Office Services, agrees to give all existing
tenants six months' notice to vacate the premises. During the six-month
period, the applicant agrees not to raise rent for any of the existing
tenants.
To assist the existing tenants with their relocation expenses, the
applicant agrees to reduce the rent of each tenant by one-third of the
amount of their monthly rent commencing upon the giving of the six-month
notice referred to above. The rent reduction shall terminate when the
tenant vacates the property or at the end of six months, whichever comes
first.
Planntng Comtsston Report
Aprtl 28, 1986
Page three
2. C0gSTRUCT~Og RESTR~CT~0gS
Applicant agrees that any structure or structures built on the property
shall not exceed three stories or 40 feet in height, whichever is lower
which is.1;he maximum height allowed by the present R-3 Zone.
3. USE
A. Existing Structures - Applicant 'agrees not to use the existing
structure for patient residency during treatment at the hospital.
Eventual Use - Applicant agrees that the eventual use of the property
shall be health care related, medical office, or a parking facility
related to the subject hospital.
These conditions will be listed as Exhlblt "B" and an attachment to Resolution
No. 2327 and will be recorded on the property.
Subsequent to this zone change, the specific development proposal will require a
Use Permit, in accordance with the P&I designation. At that time, the City will
have the opportunity'to further condition the project in order to ensure that it
will be in conformance with the surrounding area.
Senior Planner
MAC:per
Attachments:
Map
Resolution No. 2327
Exhtblt "A"
Exhibit "B"
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RESOLUTION NO. 2327
A RESOLUTION OF THE PLANNING COMMISSION OF THE
CITY OF TUSTIN, RECOMMENDING REZONING FOR THE
PROPERTY KNOWN AS IlO! SYCAMORE AVENUE FROM THE
R-3 MULTI-FAMILY DISTRICT TO THE P & I PUBliC
AND INSTITUTIONAL DISTRICT.
The Planning Commission of
follows:
the City of Tustin does hereby resolve as
The Planning Commission finds and determines as follows:
Re
That a proper application, (Zone Change No. 86-2) has been filed
on behalf of Physician Offices Services requesting authorization
to change the zone from R-3 Multiple Family to the P & I Public
and Institutional District for the property at 110! Sycamore
Avenue as outlined in Exhibit "A" and made part of this
resolution.
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That a public hearing was duly called, noticed and held on 'said
application.
C. That a zone change should be granted for the following reasons:
This change will bring the zoning into conformance with the
land use diagram of the Land Use Element for the Tustin
Area General Plan.
2. The properties to the north and west of this property are
zoned Public & Institutional.
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This property will become an integral part of the existing
hospital campus thereby expanding the health care
facilities for the Tustin area.
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Development of subject property shall be in accordance with the
policies adopted by the City Council; Uniform Building Codes as
administered by the Building Official; Uniform Fire Code as
administered by the Orange County Fire Marshal; and street
improvement requirements as administered by the City Engineer.
Final development plans shall require the review and approval of
a Conditional Use Permit.
F. A Negative Declaration has been approved for this project.
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Resolution No. 2327
Page two
II.
The Planntng Comflssion hereby recommends to the City Counctl
approval of Zone Change No. 86-2 from the R-3 Hultt-Famtly to the P &
I Publlc and Institutional Dtstrtct for the property at 1101 Sycamore
Avenue subject to the conditions listed in Exhiblt "B" (which shall
be recorded) and mede a part of thts resolution.
PASSED AND ADOPTED at a regular meeting of the Tusttn Planning Commission,
held on the day of , 198 .
KATHY WEIL,
Chairmen
PENNI FOLEY,
Recording Secretary
STATE OF CALIFORNIA)
COUNTY OF ORANGE )
CITY OF TUSTIN )
I, PENNI FOLEY, the undersigned, hereby certify that I am the Recording
Secretary of the Planning Commission of the City of Tustin, California;
that Resolution No. was duly passed and adopted at a regular
meeting of the Tusttn Planning Commission, held on the day of
, 19 o
PENNI FOLEY
Recording Secretary
EXHIBIT "B"
CONDITIONS OF ZONING OF
1101 SYCAMORE AVENUE
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TENANTS
The applicant, Physician's Office Services, agrees to give all existing.
tenants six months' notice to vacate the premises. During the six-month
period, the applicant agrees not to raise rent for any of the existing
tenants.
To assist the existing tenants with their relocation expenses, the
applicant agrees to reduce the rent of each tenant by one third of the
amount of their 'monthly rent commencing upon the giving of the six-month
notice referred to above. The rent reduction shall terminate when the
tenant vacates the property or at the end of six monhts, whichever comes
first.
CONSTRUCTION RESTRICTIONS
Applicant agrees that any structure or structures built on the property
shall not exceed three stories or 40 feet in height, whichever is l~er.
USE
A.
Existing Structures ? Applicant agrees not to use the existing
structure for patient residency during treatment at the hospital.
Eventual Use - Applicant agrees that the eventual use of the property
shall be health care related, medical office, or a parking
factlttyrelated to the subject hospital.
PHYSICIAN'S OFFICE SERVICE
Dated:
By:
ZON~ CHANGE 86-2
· ,/ ¥*
--R-3 TO P&l
CITY OF TUSTIli
RES NO. 2327
DATE APRIL 28, 1986
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ORDINANCE NO. 969
AN ORDINANCE OF THE CITY COUNCIL OF THE
CITY OF TUSTIN, REZONING THE PROPERTY KNOWN
AS THE RANCHO LA PAZ APARTMENTS AT 1101
SYCAMORE AVENUE FROM MULTI-FAMILY
RESIDENTIAL (R-3) TO PUBLIC & INSTITUTIONAL
(P&i)
The City Council of the City of Tustin does hereby ordain as follows:
The City Council finds and determines as follows:
Ae
That a proper application, (Zone Change No. 86-2) has been filed
on behalf of Physician Offices Services requesting authorization
to change the zone from R-3 Multiple Family to the P & I Public
and Institutional District for the property at 1101 Sycamore
Avenue as outlined in Exhibit "A" and made part of this
resolution.
That a public hearing was duly called, noticed and held on said
application.
C. That a zone change should be granted for the following reasons:
This change will bring the zoning into conformance with the
land use diagram of the Land Use Element for the Tustin
Area General Plan.
2. The properties to the north and west of this property are
zoned Public & Institutional.
This property will become an integral part of the existing
hospital campus thereby expanding the health care
facilities for the Tustin area.
Development of subject property shall be in accordance with the
policies adopted by the City Council; Uniform Building Codes as
administered by the Building Official; Uniform Fire Code as
administered by. the Orange County Fire Marshal; and street
improvement requirements as administered by the City Engineer.
Final development plans shall require the review and approval of
a Conditional Use Permit.
F. A Negative Declaration has been approved for this project.
G. That the Planning Commission adopted Resolution No. 2377
recommending approval of Zone Change 86-2 to the City Council.
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Ordinance No. 969
Page two
II.
The City Council hereby approves Zone Change 86-2 from the
Multiple Family {R-3) District to the Public and Institutional
District (P&I) for the property at 1101 Sycamore Avenue subject to
the conditions listed in Exhibit "B" (which shall be recorded) and
made a part of this ordinance.
PASSED AND ADOPTED at a regular meeting of the City Council held on the
day of , 1986.
DONALD J. SALTARELLI, Mayor
MARY E. WYNN, City Clerk
ZONE CHANGE' 86-2
I
CITY OF TUSTIN
PER RES.NO.- 2327
DATED APRIL 28, 1986
PER ORD., NO.
DATED
EXHIBIT A
EXHIBIT "B"
CONDITIONS OF ZONING OF.
1101 SYCAMORE AVENUE
TENANTS
The appiicant, Physician's Office Services, agrees to give all existing
tenants six months' notice to vacate the premises. During the six-month
period, the applicant agrees not to raise rent for any of the existing
tenants.
To assist ~e existing tenants with their relocation expenses, the
applicant agrees to reduce the rent of each tenant by one third of the
amount of their monthly rent commencing upon the giiing of the six-month
notice referred to above. The rent reduction shall terminate when the
tenant vacates the property or at the end of six monhts, whichever comes
first.
To further assist the existing tenants with their relocat(on expenses, the
applicant agrees to return the tenant's security deposit 30 days after the
six (6) month notice to vacate is given,
All new tenants shall be notified of the pending change of use of the
property prior to stgntngof lease agreement.
2. CONSTRUCTION RESTRICTIONS
Applicant agrees that any structure or structures built on the property
shall not exceed two {2) stories or 30 feet in height, whichever is lower.
No demolition permits shall be issued until all tenants have vacated the
entire premises.
USE
Existing Structures - Applicant agrees not to use the existing structure
for patient residency during treatment at the hospital.
Eventual Use - Applicant agrees that the eventual use of the property shall
shall be health care related, medical office, or a parking facility related
to the subject hospital.
PHYSICIAN'S OFFICE SERVICE
Dated: By:
Planning Comisston Minutes
April 28, 1986
Page three
Applicant: '
Locati on:
Request:
ZONE CHANGE 86-2
Physician's Office Services on behalf of Healthcare Services.
1101 Sycamore Avenue
To change the zone from Multiple-Family (R-3) to Public
Institutional (P&I).
and
Presentation: Mary Ann Chamberlain, Associate Planner
Commissioner Wetl asked if there were any responses from the public hearing notice.
There was a letter from Mr. Leonard R. Markwttz, 14761 Del Amo Avenue, Tustin, Ca.,
92680, stating that he did not want any additional traffic added to the area.
The public hearing was opened at 8:25 p.m.
Mike Fields, 3700 Parkview, Irvine, Ca., 92715, representative of Physician's Office
~v~, stated that he had met with staff and tenants of Rancho La Paz. A decision
was made to give the tenants a 6 {six) month notice and to refund their security
deposit within 30 days after that notice is given.
Commissioner Mc Carth~ asked if any single family residents were invited to that
meeting. Staff invited all tenants and surrounding property owners to the meeting.
However, no property owners attended the meeting.
Commissioner Baker asked what Healthcare had in mind for that location. Mr. Field
replied that there were no plans yet.
, 1192 Sycamore Avenue, Tusttn, Ca., 92680, spoke in opposition of the
that the area be kept as family housing. She is concerned with the
trafffic problems and the possible effect on property values in the area.
Staff responded that the zone change was for the Rancho La Paz complex only. Any use
of this area would require a Use Permit from the Planning Commission which would
automatically become a public hearing item. At that time all affected property
owners would be notified. Also, the traffic problem could be mitigated at that time.
Rae Lee, P. O. Box 634, Tusttn, Ca., 92680, a Rancho La Paz resident, was concerned
that there would be a zone change without a plan. She also questioned whether the
rent reduction after the 6 month notice was 30~ or one-third. Staff clarified that
it was one-third.
Kar~n Ramsberg, 1101 S.E. Sycamore Avenue, Tusttn, Ca., 92680, stated that the
tenants of Rancho La Paz were kept well informed.
Pete Van Dyken, 235 South "A" Street, Tustln, Ca., 92680, stated that if the
residents are concerned about the value of their homes, possibly Healthcare should be
responsible to compensate those owners for the devaluation.
At Commissioner Well's request staff explained the General Plan/Zone Change
procedure whereby the General Plan and the zoning map must be in compliance.
Planning Commission Minutes
Apr11 28, 1985
Page four
3anet Tyler, 1101 S.E. Sycamore
apartments on 0el Arno are run do~n.
Paz had been kept well informed.
Avenue, Tusttn, Ca., 92680, stated that the
She also stated that the tenants of Rancho La
The publlc hearing was closed at 8:40 p.m.
A discussion followed between Commission, staff and Mr. Ftelds regarding the height
of the proposed buildings. Staff stated that a height restriction could be set at
the time of the Use Permit application.
Chatrman Wet1 moved, Puckett seconded to recommend to Ctty Council the approval of
Zone Change 86-2 by the adoption of Resolution 2327. The following amendments were
made:
1. That the security deposit shall be refunded within 30 days of the 6 month
notice. Amendment carried 4-0.
2. That no demelishton permits shall be issued until all tenants have
vacated the entire premises. Amendment carried 4-0.
That the buildings to be constructed on the premises shall not exceed
stories or 30 feet. Amendment carried 3-1 (Puckett).
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All potential new tenants shall be notified of the pending change of use
of the property before signing a lease to rent. Amendment carried 4-0.
Motion carried 4-0.
7. USE PERMIT 86-9
Applicant:
Location:
Request:
Mr. Lance Luffee on behalf of Pineapple Hill Restaurants
654 East First Street
To authorize the on-site sales of general liquor in conjunction
with a restaurant use.
Presentation: Laura Cay Pickup, Assistant Planner
The public hearing was opened at 9:00 p.m.
Lance Luffee, 4454 Van Nuys Blvd., Sherman Oaks, Ca., 91405, gave a brief description
of the decor and services intended for this location. The hours would be 11:00 a.m.
to 2:00 a.m. He has no intent to make this a beer bar.
The public hearing was closed at 9:08 p.m.
Co,,,lsstoner Puckett moved, Baker seconded to approve Use Permit 86-9 by the adoption
of Resolution No. 2322. Motion carried 4-0.
AmIMISTRATIVE MATTERS
Old Bustness
A recess was called at g:lO p.m. The Commission reconvened at 9:19 p.m.
Planntng Commission Mt nutes
April 28, 1986
Page ftve
AIlNIIlISTRATIVE MAITERS .
Old Bus~ness
8. TUSTIN AUTO CENTER LOUDSPEAKER CRITERIA
Presentation: Laura Cay Ptckup, Assistant Planner
Commissioner Mc Carthy moved to place this item on the next agenda as a public
heartng. Morton fatled due to lack of second.
Bonnte Holmes, representing the Irvtne Company, gave an explanation of the process of
the loudspeaker study.
David Dubbtnk, of David Oubbtnk Associates, made a 30 minute computer analysis
presentation Illustrating notse levels.
Hubert Clark, 1942 San Juan, Tusttn, Ca., 92680, representing San Juan Homeowners
Association, thanked the Ctty for the letter and the Irvtne Company for their
cooperation and reports. However, he has some concerns that there are not enoug~
controls placed on the Individual dealers tn thts matter. He was also concerned
about the g foot wall that ts proposed for Jamboree and Browning.
Carol Taylor, 13532 Farmtngton Rd., Tusttn, Ca., 92680, encouraged the use of a
pagtng system.
Altce Huber, 13882 Da11 Lane, Tusttn, Ca., 92680, asked that the beeper system be
Implemented.
Michael Mc Lean, representing Mc Lean Cadillac, spoke regarding Mc Lean's tntended
use of a combined loudspeaker/pager system.
A dlscussJon followed between Commission, Bonnie Holmes, Mr. Dubbtnk, Mr. Mc Lean,
and staff.
Commissioner Puckett moved, Wet1 seconded to dtrect staff to prepare a resolution
Including the conditions of approval of the Loudspeaker Criteria. Motion fatled
vote: ayes - 2; no - I (Mc Carthy); Commissioner Baker abstained.
Commissioner Mc Carth¥ moved to dtrect staff to draft a resolution and hold a public
hearing. Motion failed due to lack of second.
Commissioner Puckett moved to direct staff to draft a resolution and open the item to
public hearing. Motion failed due to lack of second.
Commissioner Puckett moved ~ Mc Carth¥ seconded to direct staff to: 1.) draft a
resolution Including the conditions of approval; and 2.) to direct staff to notice
this item for publtc hearing. Motion carried 3-0. Co~ilsstoner Baker abstained.
g. TUSTIN AUTO CENTER MASTER DEVELOPMENT PLAN/SIGN CRITERIA
Presentation: Laura Cay Pickup, Assistant Planner
Planning Commission Minute=
April 28, 1986
Page slx
Commissioner Mc Carth¥ moved, Baker seconded to approve the
Development Plan Stgn Crtterta by the adoption of Resolution
*carried 4-0.
East Tustin Master
No. 2326. Motion
Ne~ Busfness
10. POLICY DETERMINATION: TEMPORARY BANNER SIGNS ON PARK FENCES
Staff recommended that this item be delayed until the next scheduled meeting (May 12,
1986).
2.
3.
4.
COl(MISSION CONCERNS
Commissioner Mc Carth¥ noted his
French Quarter Center.
STAFF CONCERNS
11. REPORT ON CITY COUNCIL ACTIONS APRIL 21~ 1986
Presentation: Donald D. Lamm, Director of Community Development
The following actions were taken:
City Council has approved the HazardousMatertals Disclosure Ordinance.
The Chili Cook-off has been cancelled due to insurance costs.
Council appealed Variance 86-3, Carver Development signs. It will be put on
the next Council agenda as a public hearing.
The Redevelopment Agency approved the Senior Citizen Center..
concerns regarding ~he parking situation at the
Commissioner Well asked staff to research the lights on Red Hill at the Acura dealer.
AIXIOURI~IE#i'
Cosmlssioner Mc Carthy moved, Puckett seconded to adjourn the meeting at 11:25 p.m.
Motion carried 4-0.
Chairman