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HomeMy WebLinkAboutORD FOR ADOPTION 06-02-86 (2) ~) ~/~ ' NO. 2 TO: William A. Huston, City Manager FROM: Mary E. Wynn, City Clerk SUBJECT:ADOPTION OF ORDINANCE NO. 969 RELATIVE TO REX. ONING PROPERTY AT 1101 SYCAMORE AVENUE RECOMMENDATION: M. O. - That Ordinance No. 969 have second reading by title only. M. O. - That Ordinance No. 969 be passed and adopted. (Roll Call Vote) BACKGROUND: At the May 19, 1986, City Council meeting, Exhibit "B", Section 2, of Ordinance No. 969 was amended to read: "Applicant agrees that any structure or structures built on the property shall not exceed three (3) stories or 40 feet in height, whichever is lower." Ordinance No. 969 had first reading by title only and introduction at the May 19, 1986, City Council meeting. MARY E. WYNN CITY CLERK 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 2O 21 22 23 25 26 27 28 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: I. The City Council finds and determines as follows: 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. B. 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. 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. E. 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. 1 2 3 4 5 6 7 8 9 10 11 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 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' 1 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 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. To further assist the existing tenants with their relocation 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 signingof lease agreement. 2. CONSTRUCTION RESTRICTIONS Applicant agrees that any structure or structures built on the property shall not exceed three (3) stories or 40 feet in height, whichever is lower. No demolition permits shall be issued until all tenants have vacated the entire premises. 3. 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: Community Development Department Planning Commission Minutes April 28, 1986 Page three 6. .ZONE CHANGE 86-2 Applicant: Location: Request: 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 Well 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 cT~, stated that he had met with staff and tenants of Rancho La Paz. A decision was mede 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 Carthy 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. Gladys Mathews, 1192 Sycamore Avenue, Tustin, Ca., 92680, spoke in opposition of the project asking 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, Tustln, 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 305 or one-third. Staff clarified that it was one-third. KarTn Ramsber~, 1101 S.E. Sycamore Avenue, Tustin, Ca., 92680, stated that the tenants of Rancho La Paz were kept well informed. Pete Van Dyken, 235 South "A" Street, Tusttn, 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 Wetl'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 April 28, 1986 Page four Janet Tyler, 1101 S.E. Sycamore apartments on Del Amo are run down. Paz had been kept well informed. Avenue, Tustin, Ca., 92680, stated that the She also stated that the tenants of Rancho La The public hearing was closed at 8:40 p.m. A discussion followed between Commission, staff and Mr..Fields regarding the height of the proposed buildings. Staff stated that a height restriction could be set at the time of the Use Permit application. Chairman Wetl moved, Puckett seconded to recommend to City 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 demoltshion 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 2 stories or 30 feet. Amendment carried 3-1 (Puckett). 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. Commissioner Puckett moved, Baker seconded to approve Use Permit 86-9 by the adoption of Resolution No. 2322. Motion carried 4-0. AOMIIIISll~ATIVE I~TrERS Old Business A recess was called at 9:10 p.m. The Commission reconvened at 9:19 p.m. Planntng Commission Minu~es April 28, 1986 Page five A~NI#ISTRATIV£ ~ATTERS · Old Bustness 8. TUSTIN AUTO C£NTER LOUDSPEAKER CRITERIA Presentation: Laura Cay Plckup, Assistant Planner Commissioner Mc Carth¥ moved to place thts Item on the next agenda as a publlc hearing. Motion fatled due ~o lack of second. Bonnie Holmes, representing the Irvtne Company, gave an explanation of the process of the loudspeaker study, David Dubbtnk, of David Dubbtnk Associates, made a 30 mtnute computer analysts presentation Illustrating notse levels. Hubert Clark, 1942 San Juan, Tusttn, Ca., 92680, representing San Juan Homeowners Association, thanked the City for the letter and the Irvtne Company for their cooperation and reports. However, he has some concerns that there are not enough controls placed on the individual dealers in this matter. He was also concerned about the 9 foot wall that is proposed for Jamboree and Browning. Carol Taylor, 13532 Farmtngton Rd., Tusttn, Ca., 92680, encouraged the use of a pagtng system. Alice 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 Intended use of a combined loudspeaker/pager system. A discussion 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 failed vote: ayes - 2; no - I (Mc Carthy); Commissioner Baker abstained. Commissioner Mc Carth¥ moved to direct 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 public hearing. Motion carried 3-0. Commissioner Baker abstained. g. TUSTIN AUTO CENTER MASTER DEVELOPMENT PLAN/SIGN CRITERIA Presentation: Laura Cay Pickup, Assistant Planner Planning Commission Minutes April 28, 1986 Page six Commissioner Mc Carth¥ moved, Baker seconded to approve the East Tustin Master Development Plan Sign Criteria by the adoption of Resolution No. 2326. Motion 'carried 4-0. New Business 10. POLICY DETERMINATION: TEMPORARY BANNER SIGNS ON PARK FENCES Staff recommended that this item be delayed until the next scheduled meeting (May 12, 1986). STAFF CONCERNS 11. REPORT ON CIl~ COUNCIL ACTIONS APRIL 21~ 1986 Presentation: Donald D. Lamm, Director of Community Development The following actions were taken: City Council has approved the Hazardous Materials 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. COHMISSION CONCERNS Commissioner Mc Carth¥ noted French Quarter Center. his concerns regarding the parking situation at the Commissioner Wetl asked staff to research the lights on Red Hill at the Acura dealer. ADJOURIS4ENT Commissioner Mc Carth¥ moved, Puckett seconded to adjourn the meeting at 11:25 p.m. Morton carrted 4-0. PENNI FOLEY, w Recording Secretary Chairman