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HomeMy WebLinkAboutRPT 1 P.C. ACT AGENDA 02-19-85HINUTES llJSTIN PLANNING CO~ISSION REGULAR ~I~ETING FEBRUARY 11, 1985 REPORTS NO. 1 2-19-84 CALL ~ ORDER: 6:30 p.m., City Council Chambers Chairman Whi~e called to order at 6:30 p.m. the Workshop regarding future residential uses in the City. Director of Community Development presented an overview of the Phase II East Tustin residential project. CoraLee Newman and J. Pierce of The Irvine Company presented a slide show and answered the Commission's questions. Rob Greene, 10312 Deerhlll Drive, questioned the type of residential development adjacent to his tract of homes between Bryan and Irvine Blvd. Chairman White adjourned the workshop at 7:24 p.m. Chairman White convened the regularly scheduled Planning Commission meeting at 7:30 p.m. PLEDGE OF ~LEGIA#CE/INYOCATION ROLL CALL: White, Well, McCarthy, Puckett, Sharp PRESENTATIONS None. PUBLIC CONCERNS: None. CONSENT CJU. ENDAR: 1. Minutes from Planning Commission meeting January 28, 1985 2. Resolution No. 2211, Amending Use Permits 76-26 and 77-23, Larwin Square Commissioner Sharp moved, Weil second approval of the Consent Calendar. Motion carried 5-0. CONTINUED PUBLIC HEJU~INGS 3. USE PERMIT 85-5 Applicant: Thrifty 0il Co. Location: 14121 Newport Avenue Request: Authorization to construct a 1,560 square foot mini-market with an off-site beer and wine license. Presentation: Jeff Davis, Associate Planner Planning Commission i~inutes February 1!, 1985 page t~o Jeff Davis presented staff's report and recommended continuance pending written confirmation that the applicant wishes to withdraw the application. Chairman White opened the public hearing at 7:35 p.m. The following person spoke in opposition to this matter: Floyd Perkins, 14231 Raleigh Place, thought we had enough liquor stores in Tustin and didn't see the need to add another one. Seeing no one further wishing to speak, Chairman White closed the public hearing at 7:37 p.m. Commissioner Sharp moved, Puckett second staff's recommendation to continue this item to the next regularly scheduled meeting. Motion carried 5-0. PUBLIC HEARINGS 4. AMENDMENT NO. 1 TO USE PERMIT 84-14 Applicant: Location: Request: Barry Watkins on behalf of Miller's Outpost Northeasterly corner of 17th Street and Carroll Way Authorization to construct a mixed use structure housing a restaurant with outside seating and an on-site alcoholic beverage license and an outdoor produce market. Presentatt on: Jeff Davis, Associate Planner After Commission discussion, Chairman White opened the public hearing at 7:46 p.m. Barry Watkins, on behalf of Miller's Outpost, discussed the overall appearance and features of the proposed restaurant/market. He presented slides showing projects with similar festive European themes. Seeing no one further wishing to speak, Chairman White closed the public hearing at 8:01 p.m. Commissioner Well moved, Sharp second to approve amendment no. I to Use Permit 84-14 by adoption of Resolution 2212 with an amendment to Part II, B requiring the color "Blue Grey". Motion carried 5-0. 5. USE PERMIT 85-3 Applicant: Location: Request: Ricardo Capretta on behalf of the Paragon Group Suite 100, Building 1, 15991 Redhill Avenue That R.B. Allen Group be permitted to occupy Suite 100 at said location. Presentation: Mary Ann Chamberlain, Associate Planner Chairman White opened the public hearing at 8:05 p.m. Seeing no one wishing to speak, he closed the hearing at 8:05 p.m. After Commission discussion, Commissioner Well moved, Sharp second to approve Use Permit 85-3 by adoption of Resolution 2213. Motion carried 5-0. Planning Commission Minutes February 11, 1985 page three 6. VARIANCE 85-1 Applicant: Location: Request: Barry Watkins on behalf of Miller's Outpost 17261E. 17th Street Authorization to install a tenant identification sign which exceeds the maximum square footage permitted by Tusttn Sign Ordinance 684. Presentation: Jeff Davis, Associate Planner Commissioner White opened the public hearing at 8:10 p.m. The following people spoke in favor of Variance 85-1: Larry Stewart and Barry Watkins, representing Miller's Outpost. Commission discussion ensued concerning the difference in letter size and square footage of the sign. Seeing no one further wishing to speak, Chairman White closed the public hearing at 8:30 p.m. Commissioner Puckett moved, Sharp second to approve staff's recommendation as contained in Report to Planning Commission dated February 11, 1985 by the adoption of Resolution 2210. Motion carried 5-0. AJ)MI IIISTILRTIVE MAI'rERS Old Business None. New Business 7. Design Revtew/Communtcom Dish Antenna at Boy's Club. Presentation: Jeff Davis, Associate Planner Commission discussion ensued concerning the recently approved Ordinance regulating dish antennae. Commissioner Sharp moved, McCarthy second to deny applicant's request for a third satellite receiving dish. Motion carried 4-0 (Puckett abstained) 8. Waiver of Underground Utility for McCharles House Restaurant Presentation: Mary Ann Chamberlafn, Associate Planner Commissioner Wetl moved, McCarthy second staff's recommendation as contained in Report to Planning Commission dated February 11, 1985. Motion carried 5-0. Planning Commission Minutes February [1, [985 page four STAFF CONCERNS 9. Report on Council Actions, Februar7 4, 1985 Presentation: Donald D. Lamm, Director of Community Development C(M(IS$IOM CONCERNS Chairman White again requested they be provided a map and brief description of the area to be toured in their workshop on February 23, 1985. ADJOURI~E#T Commissioner Wetl moved, Puckett second to adjourn at 8:45 p.m. to a workshop on February 23, 1985 for tour of housing projects in the City of Irvtne. They will meet at 9:30 a.m. at the Irvine Company Home Finding Center on corner of Culver and Barranca. RONALD H. WHITE, Chairman DONNA ORR, Recording Secretary AGENDA TUSTIN PLANNING COI~IlSSION REGULAR ~E£TIg~ FEBRUARY 11, 1985 CALL TO ORDER: 6:30 p.m., City Council Chambers Workshop regarding future residential uses tn the City. PLEDGE OF ALLEGIANCE/INVOCATION ROLL CALL: White, Weil, McCarthy, Puckett, Sharp PRESENTATIONS PUBLIC CONCERNS: CONSENT CALENDAR: (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. (7:30 p.m.) (ALL MATTERS LISTED UNDER CONSENT CALENDAR ARE CONSIDERED ROUTINE AND WILL BE ENACTED BY ONE MOTION. THERE WILL BE NO SEPARATE DISCUSSION OF THESE ITEMS PRIOR TO THE TIME OF THE VOTING ON THE MOTION UNLESS MEMBERS OF THE COMMISSION, STAFF OR PUBLIC REQUEST SPECIFIC ITEMS TO BE DISCUSSED AND/OR REMOVED FROM THE CONSENT CALENDAR FOR SEPARATE ACTION.) Minutes from Planning Commission meeting January 28, 1985 Resolution No. 2211, Amending Use Permits 76-26 and 77-23, Larwin Square CONTINUED PUBLIC HEARINGS 3. USE PERMIT 85-5 Applicant: Location: Request: Thrifty Oil Co. 14121 Newport Avenue Authorization to construct a 1,560 square foot mini-market with an off-site beer and wine license. Presentation: Jeff Davis, Associate Planner Planntng Commission Agenda February 11, [985 page two PUBLIC HEARI#GS 4. AMENDMENT NO. 1 Applicant: Location: Request: Presentatt on: TO USE PERMIT 84-14 Barry Watktns on behalf of Miller's Outpost Northeasterly corner of 17th Street and Carroll Way Authorization to construct a mixed use structure housing a restaurant with outside seating and an on-site alcoholic beverage license and an outdoor produce market. Jeff Davis, Associate Planner 5. USE PERMIT 85-3 Applicant: Location: Request: Rtcardo Capretta on behalf of the Paragon Group Suite 100, Building 1, 15991 Redhtll Avenue That R.B. Allen Group be permitted to occupy Suite 100 at said location. Presentation: Mary Ann Chamberlain, Associate Planner 6. VARIANCE 85-1 Applicant: Location: Request: Barry Watktns on behalf of Miller's Outpost 17261E. 17th Street Authorization to install a tenant identification sign which exceeds the maximum square footage permitted by Tustin Sign Ordinance 684. Presentation: Jeff Davis, Associate Planner ADMINISTRATIV£ MA]~ERS Old Business None. New Business 7. Design Revtew/Communfcom Dish Antenna at Boy's Club. Presentation: Jeff Davis, Associate Planner 8. Waiver of Underground Utility for McCharles House Restaurant Presentation: Mary Ann Chamberlain, Associate Planner Planntng Commission Agenda February 11, 1985 page three STAFF CO#CER#S 9. Report on Council Actions, February 4, 1985 Presentation: COI~I[SSZO# CONCER#S ADJOURI~E#T Donald D. Lamm, Director of Community Development Adjourn to workshop on February 23, 1985 for tour of housing projects in the City of Irvine. MINUTES TUSTIN PLANNING COI~IISSION REGULAR REETING JANUARY 28, 1985 C~L TO ORDER: 7:30 p.m., City Council Chambers PLEDGE OF ALLEGIANCE/INVOCATION ROLL CALL: White, Wetl, McCarthy, Puckett, Sharp PRESENTATTONS PUBLTC CONCERNS: gone. CONSENT CALENDAR: 1. Minutes from Planning Commission meeting January 14, 1985 Moved by Commissioner Sharp, second by Puckett to approve wtth the change to Page 7, Paragraph 3 last 1the to read Walnut instead of Bryan. Motion carrted 6-0. 2. Resolution Ho. 2208 Oenytng Conditional Use Permit 85-1, pole sign at 14460 Newport Avenue. Moved by Commissioner Sharp, second by Well to approve Resolution No. 2208 wtth amendment to Item II in the resolution to read deny instead of approve. Motion carried 5-0. CONTINUED PUBLIC HEARINGS 3. VARIANCE 84-4 Applicant: Location: Request: Mr. William Brown 153 N. Yorba Authorization to vary from the minimum lot width, front yard setback and maximum lot coverage requirements of the Single Family (R-l) District. Jeff Davis, Assistant Planner Presentation: Jeff Davis presented the applicant's request for an additional continuance due to his continuing health problem. Chairman White opened the public hearing at 7:37 p.m. and seeing no one wishing to speak closed it at 7:38 p.m. Moved by Commissioner Wetl, second by Sharp to table this matter to a date uncertain. Motion carried 5-0. Planning Commission Minutes January 28, lg85 page two PUBLIC 4. USE PERMIT 85-3 Applicant: Location: Request: Audrey Heredia McCharles House Tea Room, 325 S. "C" Street Authorization to obtatn a beer and wine license for on-site sales. Presentation: Mary Ann Chaafaerlain, Associate Planner Chairman White opened the public hearing at 7:39 p.m. Seeing no one wishing to speak he closed it at 7:40 p.m. Commissioner McCarthy moved, Puckett second to approve Use Permit 85-3 as recommended in staff's Report to Planning Commission dated January 28, 1985. Motion carried 5-0. 5. AMENDMENT TO USE PERMITS 76-26 AND 77-23, LARWIN SQUARE MODIFICATIONS Applicant: Location: Request: Larwin Square Ltd. shopping center at 500 £. First Street Authorization to: [) amend Use Permit 76-26 by enclosing the existing garden shop area; and 2) amend Use Permit 77-23 by converting the existing key shop to an automated bank teller machine Presentation: Jeff Davis, Associate Planner Chairman White opened the public hearing at 7:45 p.m. Seeing no one wishing to speak he closed it at 7:46 p.m. Commissioner Puckett moved, Sharp second to approve amendments to Use Permit 76-26 and 77-23 as recommended in staff's Report to the Planning Commission dated January 2B, 1985. Motion carried 5-0. AOMINISTRATI¥£ PAI'I[RS Old Business None. New Business 6. Report Concerntn~ Amendin~ Ordinance No. 911 to permit Large Family Day Care · Homes at sites with swimmin~ pools. Presentation: Jeff Davis, Associate Planner Commissioner Sharp moved, Puckett second to approve the recommendation contained in staff's Report to Planning Commission dated January 28, 1985. Motion carried 5-0. Planning Commission Minutes January 28, 1985 page three 7. William Street Design Review Presentation: Mary Ann Chamberlain, Associate Planner Commissioner Sharp moved, Well second to receive and file staff's Report to Planning COmmission dated January 28, 1985. Motion carried 5-0. Request' for Study from Plannin~ Commission re~ardln~ Commercial Parktn~ Standards. Presentation: Donald O. Lamm, Director of Community Development The Commission agreed with the need for a parking study and decided to receive and file Mr. Lamm's report dated January 28, 1985. STAFF COII~RNS g. Report on Council Actions January 21, 1985 Presentation: Donald O. Lamm, Director of Community Development Mr. Lamm additionally presented the Commission with the following: l) Information relative to the Annual League of Cities Conference for Planning Commissioners in Santa Clara, February 28th thru March 2, 1985. 2) Suggested a series of workshops to review Phase II of the East Tustin Development Plan. First, February 11, 1985 at 6:30 p.m.; second, Saturday, February 23, 1986 for a tour of existing similar projects in Irvine; third, Wednesday, February 27, lg85 at 7:00 p.m. COMMI$$IO# CONCERNS Chairman White read and presented Ed Knight with a letter from the Planning Commission congratulating him on his recent promotion to Senior Planner. Co~mdssioner McCarthy commented on the map supplied by Caltrans denoting the proposed Jamboree interchange at 1-5 and that it cleared up his questions concerning potential traffic impacts in the East Tustin area. ADdOURNIIE~I' Adjourn to February 11, 1985 at 6:30 p.m. for a workshop to study Phase II of the East Tustin Development Plan. RONALD H. WHITE, Chairman DONNA ORR, Recording Secretary 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 2O 21 22 23 24 25 26 27 28 RESOLUTION NO. 2211 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF TUSTIN, AMENDING USE PERMIT 76-26 AUTHORIZING THE ENCLOSURE OF THE GARDEN SHOP AREA ADJACENT TO THE STRUCTURE AT 500 EAST 1st STREET AND AMENDING USE PERMIT 77-23 AUTHORIZING ll~E CONVERSION OF THE EXISTING KEY SHOP IN LARWIN SQUARE SHOPPING CENTER TO AN AUTOMATED B~NK TELLER. The Planning Commission of the City of Tustin does hereby resolve as follows: The Planning Commission finds and determines as follows: A. That a proper application, (Amendment to Use Permits No. 76-26 and 77-23) has been filed on behalf of Larwin Square, Ltd, to authorize the enclosure of the garden shop (5,115 square feet) adjacent to 500 E. 1st, and to authorize the conversion of an existing key shop to an automated bank teller. B. That a public hearing was duly called, noticed and held on said application. C. That establishment, maintenance, and operation of the use applied for will not, under the circumstances of this case, be detrimental to the health, safety, morals, comfort, or general welfare of the persons residing or working in the neighborhood of such proposed use, evidenced by the following findings: 1. That the project is in conformance with the criteria and intent of the City of Tustin Zoning Ordinance and the Tustin Area General Plan in that it is a retail/commercial use in the Central Commercial (C-2) Zoning District. 2. That the area to be enclosed was calculated as usable retail space for the purposes of parking demand at the time Use Permit 76-26 was approved. Therefore, the center is in compliance with parking requirements for the site. 3. That the Planning Commission hereby determines that the subject site has been expanded to capacity using parking ratio established by Use Permit 76-26. Any future additions to the center will require renovation of the parking lot design. D. That the establishment, maintenance, and operation of the use applied for will not be injurious or detrimental to the property and improvements in the neighborhood of the subject property, nor to the general welfare of the City of Tustin, and should be granted. 1 2 3 4 5 6 ? 8 9 10 11 12 13 14 15 16 17 18 19 2O 21 23 24 25 28 Resolution No. 2211 page two Proposed development shall be in accordance with the development policies adopted by the City Council, Uniform Building Codes as administered by the Building Official, Fire Code as administered by the Orange Coun~:y Fl~e Marshal and street improvement requirements as administered by the City Engineer. II. F. This project is categorically exempt from the California Environmental Quality Act. G. Final development plans shall requir~ the review and approval of the Community Development Department. The Planning Commission hereby approves amendments to Use Permiis No. 76-26 and 77-23 to authorize the enclosure of the grden shop area (6,115 square feet) adjacent to 500 East 1st and to authorize the conversion of the existing key shop in Larwin Square to an automated bank teller subject to the following conditions: Ae That prior to issuance of any building permits for proposed modifications, the parking lot must be stripped to reflect the site plan reviewed with this application. That the materials and architectural style of the enclosure and the coverted key shop match the existing structures in the center. C. That roof top equipment be screened from view. That since the Commission has determined that the center is built to capacity using the parking ratio established by Use Permit 76-26, any future additions to the center will require a complete renovation of the parking layout. PASSED AND ADOPTED at a regular meeting of the Tustin Planning Commission held on the day of , 1985. RONALD H. WHITE, Chairman DONNA ORR, Recording Secretary Plannin Commission DATE: SUB&ECT: APPLICANT: LOCATION: ZONING: ENYIROI~ENTAL STATUS: FEBRUARY 11, 1985 USE PEP.31IT 85-5 THRIFTY OIL COMPANY 10000 LAKEWOOD BLYD. DOWNEY, CA. 90240 14121 NEWPORT AVENUE RETAIL COMMERCIAL (C-1) CATEGORICALLY EXEIRPT: CLASS 3 BACKGROUND As submitted, the design of this project is not in conformance with the C-1 Development standards. Unfortunately, this discrepancy was not recognized until after the public hearing was advertised. At this time, staff suggests, in agreement with the applicant, that Use Permit 85-5 be continued to the next regularly scheduled Planning Commission meeting. At such time,'the plans shall be revised so that all C-1 Development Standards are incorporated into the design. REC01~ENDATION That Use Permit 85-5 be continued to the next regularly scheduled Planning Commission. LAURA PICKUP, Planning Intern LP:do i i, Community Development Department DATE: SUBJECT: APPLICANT: Planning Commission FEBRUARY 11, 1985 NqE#DIqENT NO. I TO USE PERlqlT 84-14 BARRY WATKINS #ATKINS COFI~ERCIAL PROPERTIES 1914 ORANGEHOOD AVENUE, SUITE 102 ORANGE, CA 92668 PROPERTY O~NER: LOCATION: GEORGE BROHELL NORTHEAST CORNER OF 17th STREET AMD CARROLL gAY ENVIRONMENTAL STATUS: A NEGATIVE DECLARATION OF ENVIRONNENTAL I#PACT HAS PREVIOUSLY BEEN APPROVED FOR THE DEVELOPNEIrr OF THE SUBJECT PROPERTY. REQUEST: APPROVAL OF A SPECIFIC DEVELOPtqEMT PLAN FOR AcOIqBIgATION RESTAURANT/OUTDOOR PARKEr WITH OUTDOOR SEATING, AMD APPROVAL OF THE ISSUANCE OF AM ALCOHOLIC BEVERAGE LICENSE FOR ON AMD OFF SITE CONSUlqPTION. BACKGROUND: In August 1984,-the Planning Commission approved Use Permit 84-14 authorizing the renovation and expansion of the subject shopping center (formerly Ralph's, to be called Tustin's French Quarter). The Use Permit authorized, in concept, a restaurant, outside seating for various uses in the center and a parking plan, including a variance from City parking standards. The applicant is n°w formally submitting the precise development plan for the uses previously considered in concept. APPLICATION: As submitted, the application contains several requests. Each issue will be discussed separately. Site Plan The site plan included with this application indicates minor deviations from the original plan approved by Use Permit 84-14. Specifically, the footprint of the free-standing building nearest the corner of 17th and Carroll Way has been Community Development Department Planning Commission Report Amendment to Use Permit 84-[4 page two altered slightly and a covered patio area has been included. These modifications have changed the parking layout, yet the overall number of spaces on the site remain the same. However, the reallocation of spaces has created a potential problem with trash removal from the receptacles located adjacent to buildings D and E. Since the variance approved with Use Permit 84-14 authorized development of the center with 381 spaces, and 384 have been provided, it is suggested that the original site plan, which prohibited parking in front of these trash receptacles, remain in effect. The three spaces directly in front of the trash enclosure should be stripped "No Parking". Two other items need to be addressed. First, it is not apparent by this submittal if the. loading dock at the rear of building B is enclosed. The original site plan, as well as the approved structural documents, indicate the dock is to be enclosed, and shall be constructed as such. Second, a footprint of a clock tower is shown. Staff has not reviewed the elevations for this structure and will require design review prior to its installation. The tower elevations will be returned for Commission approval. Elevations A major issue revol ve~ around the -architectural style of the: free-standing bui.lding to be constructedlon the corner of 17th and Carroll Way. Although European in nature, the design of the proposed structure is a departure from the English-Tudor style utilized for the remainder of the center. The existing buildings currently being remodeled will display a combination of shake roofs, gables,-plaster exterior, wood siding with contrasting colors, and washed river rock in a coordinated scheme. The proposed structure uses a more contemporary style with a metal seam roof, a large skylight with an abundance of window area, and stucco exterior with a low level washed river rock wall enclosing the patio dining-area.' The applicant has also proposed that decorative flags or pennants be permitted on the roof of the structureJ Additionally, to add color to the corner, a fabric awning is proposed to cover the 17th Street frontage and' cover the open market area of the building. Upon the awning, the applicant wishes to display generic terms identifying the various products available (i.e. produce, meat, vegetables). Outdoor Seatin9 and Display Of paramount importance to the applicant is authorization to provide an outdoor dining area for the new restaurant, as well as the approval of an open air type market. The overall concept is to provide an outdoor sales area for produce, flowers, fresh meat and fish, and other products. In addition to sales, Com munity Development Department Planning Commission Report Amendment to Use Permit 84-14 page three a customer would be able to choose food items and have them prepared at the restaurant for on-premise dining. Mr. Watktns is also requesting outside seating for Lampost Pizza and for the future structure to be located on pad F of the site plan. The use of outdoor seating and the market area were prime reasons for the recent zone change on the property. The current zoning, CG-PUD, provides for outdoor markets and sales establishments Subject to a Conditional Use Permit. The previous zoning designation would have precluded' these uses. Alcoholic Beverage License The last major issue involved with this application is the request to permit the sale of alcoholic beverages (beer and wine only) for on and off site consumption. Prior to any applicant receiving a license from the Department of Alcholic Beverage Control, a Conditional Use permit must be approved by the Planning Commission. AMALYSIS: In general, staff supports the concepts presented in this application and will recommend that the Com)n. issfon grant approval of the development and uses as requested. Potential problems associated with outdoor seating and market area can be avoided by the implementation of requirements included in the conditions for approval. The minor deviations from the original site plan have been noted and present no foreseeable problems. The approved set of construction plans will remain in effect, with the exception of the elimination of three parking stalls, and construction shall proceed accordingly. Similarly, the request for an Alcoholic Beverage. License~:(beer and wine only) is reasonable considering the competitive nature of the restaurant business. Staff is comfortable with the issuance of a new alcoholic beverage license when it would be ancilliary to the primary use. Further, the applicant has indicated that the lease for the Distillery, a bar in the center, will not be renewed. The Distillery had a license to serve beer, wine and distilled spirits on premises. Therefore, the approval of a license for the restaurant will not increase the total number of businesses serving alcoholic beverages. With these issues aside,' staff's final concern is with the architectural design of the building, and the decorative features used on the new structure. Staff considers the awning, with a departmental or generic signing, to be a feature complimentary to the overall design concept. However, staff discourages the use .of pennants or flags being flown over the structure. Historically, the City has not approved similar requests {i.e. the Courtyard Center) and it is our opinion that the rooftop display is not consistent with the intent of the sign-ordinance which prohibits roof top advertising. The elimination of these banners will not detract from the overall appearance of the structure. Corn munity Development Department Planning Commission Report Amendment to Use Permit 84-14 page four Finally, the design of the structure requires analysis. The metal seam roof and skylight features are a departure from the remainder of the center. The style is contempory in nature while being surrounded by English-Tudor on the site, the French-Chateau style of Mimi's Cafe, and an assortment of styles across the street at Enderle Center. The use of earth tones, wood, stucco, and brick is also predominate in the area. While the proposed market/restaurant is a variation on the motif of the center, it is not necessarily incompatible. The applicant's preferred elevation includes the use of a blue roof. Alternative plans show the use of a light gray metal roof, or a shingle roof similar to the rest of the complex. Staff concurs with the applicant that, as a result of the style of building, the wood roof detracts from the attractiveness of the structure. However, to remain consistent with the more subdued colors that are most prevalent in the area, it is recommended that the light gray color, not the blue, be used. The proposed architecture of the building with subdued colors and materials should be distinctive yet compatible, while the addition of a dark blue roof could prove to be a distraction to the area's renovate¢ appearance. RECOI~ENDED ACTION: It is recommended Resolution No. 2212 be adopted amending Use Permit' 84-14 authorizing the construction of a market/restaurant with outdoor seating and display areas on the corner of 17th Street at Carroll' Way. This amendment also authorizes an alcoholic beverage license to be issued for on and off site beer and wine only for the subject project. Approval of this amendment is subject to the terms and conditions contained in Resolution No. 2212. Associate Planner JD:do attach: Resolution No. 2212 Letter from applicant Full size site plan and elevations. Corn munity Development Department wA rKIN$ Commercial Properties January 10, 1985 Mr. Jeff Davis, Assistant Planner Commercial Development Department CITY OF TUSTIN 300 Centennial Way Tustin, California 92680 Re: Tustin's French Quarter 17th & Carroll Way Tustin, California Dear Jeff: The purpose of this application is to obtain approval of the remaining items necessary to complete the above-referenced project. We request approv- al of the following: 1. Outside sales area of our French market/deli/restaurant; On and off-sale liquor license for the sale of beer and wine for Pad G (French market); Elevations of Pad G and revised size of Pad G per the attached plot plan; Outside seating for restaurant tenants of Pad G, Buildings E and F in the areas shown on the attached plot plan; 5. Sign variance for the major tenants. Our proposed Tustin's French market is a very compact facility which will include fresh meat, fruits and vegetables, bakery, beer and wine, beverages, deli, flowers and cheeses, etc. A considerable portion of the space and use will be allocated to restaurant purposes in conjunction with the market. A customer will be able to shop the market or buy food to take home or eat on premises in a very comfortable environment. The deli will include sandwiches and hot meals, the bakery will have a large selection of breads, pastries, desserts and pastas. There will be a fish counter where you can select your fish filet and have it barbequed on a mesquite wood barbeque, plus there will be a gourmet soup and salad bar. Jeff Davis -2- January 10, 198§ The restaurant will feature a combination of indoor and outdoor seating. We · have designed the indoor seating to be different in that there will be glass windows that will pivot open similar to a European sidewalk cafe and the roof may have some type of openings for good weather open-air dining. There will be outside seating along 17th Street with umbrellas similar to the elevations enclosed. There is also proposed an outside seating area along 17th Street for 'the yogurt shop adjacent to Pad F and a few tables and umbrellas on the sidewalk adjacent to Lamppost Pizza (southwesterly portion of Building One of the most important features of the market will be the exhibition of colorful produce, flowers, etc. on the sidewalk under the eaves along 17th Street. We have referred to this area as the outside sales area. The abundant color will coordinate with the overall design and is very important to the sales and marketing of the space. To be competitive with other markets and restaurants in the area, we need to have a primarily gourmet beer and wine department in the market and be able to sell beer and wine to restaurant patrons with their meals and for take home consumption. The elevations of Pad G (French market) have been a culmination of six months research. We want a unique silhouette that is very attractive and functional. Some of our design goals include: 1. Make the interior very pleasant with a vaulted-truss ceiling and large central skylight; 2. Have the fish barbeque visible from the street; 3. Have an outside produce display area very colorful and inviting to pass- ers by; 4. Design the seating area to be functional, unique, attractive and visible from the street; 5. Have a design different than the remainder of the buildings but of a European flair to compliment them. Have all the service functions on the non-customer side. Major receiv- ing, trash, etc. is concentrated on the west side of Pad G which is the farthest from the customer parking. The size of Pad G is slightly enlarged from the original plan of 8,000 square feet basically due to a nose being added to the north side of the building to have room for check stands and a refinement of seating area on the east side which is now partially enclosed. Jeff Davis -3- January 10, 1985 We have included a mezzanine of approximately 1,400 square foot located over the westerly portion of the building. Our original approval was for 91,222 square feet of building area and 350 restaurant seats. With the existing construction and the proposed Pad G we are still approximately 2,500 square feet under our total approved building area and well under our seating allowance. We lost a few parking spaces next to the market due to the outside seating area, but we increased the total parking count by three parking spaces by increases we found in the site when an actual field survey gave us slight increases in size in various locations. Our sign program anticipates that the major tenants in Buidings B, C and D be allowed to have proportionate size signs with our original concept sign dormers. The Tustin code is not practical for such a large center as is evident from the size of signs from other major tenants throughout Tustin. We request approval of the following: 1. Miller's Outpost, per the attached elevations, be allowed the 200 (plus or minus) square foot sign per the attached sign elevation; 2. The three remaining dormers on Buildings B, C and D have signs totaling 150 square feet each; e The French market be allowed to use the canvas canopies to stencil the names of the departments on {i.e. deli, bakery, fish, etc.) and the win- dows along 17th Street to place small neon signs to also advertise the departments something similar to Mimi's Cafe's neon sign. These signs could be subject to the final approval of the staff. The attached Exhibit A includes a list of enclosures. We request approval of the above items as outlined. Sincerely, WAT~T~J_KIN, S COMMERCIAL PROPERTIES Barry~tkins ~ Managing General Partner BW: j enclosures 6 7 8, 9 10 11 12 13 14 15 16 17 18 19 2O 21 22 23 25 26 27 28 RESOLUTION NO. 2212 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF TUSTIN, APPROVING AMENDMENT NO. 1 TO USE PERMIT 84-14 AUTHORIZING l~E CONSTRUCTION OF A RESTAURANT/MARKET ON THE NORTHEAST CORNER OF 17th STREET AND CARROLL WAY INCLUDING OUTSIDE SEATING AND DISPLAY AREAS, AN ALCOHOLIC BEVERAGE LICENSE AND A SIGN PROGRAM. The Planning Commission of the City of Tustln does hereby resolve as follows: I. The Planning Commission finds and determines as follows: Ae That a proper application, {Amendment No. i to Use Permit No. 84-14) has been filed by Mr. Barry Watkins requesting authorization to construct a restaurant/market on the northeast corner of 17th Street and Carroll Way including outside seating and display areas, an alcoholic beverage license, and a sign program. B. That a public hearing was duly called, noticed and held on said application. Ce That establishment, maintenance, and operation of the use applied for will not, under the circumstances of this case, be detrimen~l to the health, safety, morals, comfort, or general welfare of the persons residing or ,working inthe neighborhood of such proposed use, evidenced by the following findings: That the development of this project is consistent with the Tusttn Area General Plan and the Tustin Zoning Ordinance as they pertain to Commercial development. That the Commercial General (CG) District allows for outdoor sales and displays subject to a Conditional Use Permit. That the establishment, maintenance, and operation of the use applied for will not be injurious or detrimental to the property and improvements in the neighborhood of the subject property, nor to the general welfare of the City of Tustin, and should be granted. Proposed development shall be accordance withthe development policies adopted by the City Council, Uniform Building Codes as administered by the Building Official, Fire Code as administered by the Orange County Fire Marshal and street improvement requirements as administered by the City Engineer. A Negative Declaration of Environmental Impact was previously approved for development of the subject site. 3 4 5 6 7 8 9 10 11 13 15 16 17 18 19 20 2~ 27 28 Resolution No. 2212 page two II. Final development plans shall require the review and approval of the Community Development Department. The Planning Commission hereby approves Amendment No. 1 to Use Permit 84-14 to authorize construction of a restaurant/market on the northeast corner of 17th and Carroll Way including outside seating and display areas, an alcoholic beverage license, and a sign program subject to the following conditions. The final site plan shall be standardized and reflect all appropriate City standard drawing numbers. The developer shall construct- all missing or damaged street improvements to said development per the City of tustin "Minimum Design Standards of Public Works" and "Street Improvement Standards". This work shall consist of, but is not limited to, curbs and gutters, sidewalks, drive apron, and street pavement. B. That the final elevations of the structure shall match the colors and materials indicated on "Scheme B" reviewed by the Planning Commission. Specifically, the stucco shall be white, and the metal seam roof shall be a light gray. The Community Development Department shall be provided with a color board noting specific colors prior to the issuance of building permits. Any deviation from these colors and materials shall require the review and approval of the Community Development Director and Planning Commission. C. That the flags depicted on the roof of the elevations submitted with this application are not approved. That the clock tower indicated on the site plan submitted with this application is not approved by this action. However, subject to Planning Commission review and approval of the tower elevations,the structure may be constructed. The three parking spaces immediately in front of the trash enclsoures located adjacent to Building D shall be stripped "No Parking" to ensure adequate access to the receptacles for solid waste removal. The outdoor seating area adjacent to proposed building F shall be enclosed by a low level wall, maximum three feet in height, using washed riverrock. Configuration of seating arrangements for any outside dining areas shall be subject to the review and approval of the Director of Community Development. All signing for the proposed restaurant shall comply with Tustin Sign Ordinance 684 and the approved master sign plan for the center. Additionally, departmental identification using generic terms (excluding trade names, product names, or logos) will be permitted on the awning traversing the 17th Street frontage. Maximum letter height shall be 12". 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 Resolution No. 2212 page three H. Glass utilized in the skylight feature shall not be reflective in nature. All other provisions,, conditions, or restrictions contained in Planning Commission Resolution No. 2173 shall remain in effect as they pertain to the development of the subject center. PASSED ' AND ADOPTED at a regular meeting of the tustin Planning Commission,held on the day of , 1985. RONALD H. WHITE, Chairman DONNA ORR, Recording Secretary Report to the Planning Commission ITEM NO. 5 DATE: SUBJECT: APPLICANT: LOCATION: ZONING: REQUEST: CEQA: FEBRUARY 11, 1985 USE PERMIT 85-3 RICARDO CAPREI'rA ON BEHALF OF THE PARAGON GROUP NORTHWESTERLY CORNER OF REDNILL AND WARNER AVENUES (15991 RED#ILL, SUITE 100) PLANNED COI~IUNITY INDUSTRIAL/BUSINESS R.B. ALLEN GROUP REQUESTING AUTHORIZATION TO OCCUPY SUITE 100, 15991 REDHILL IN THE WARNER REDHILL BUSINESS CENTER. A NEGATIVE DECLARATION WAS PREVIOUSLY APPROVED FOR THIS PROJECT. BACKGROUND: On January 7, 1985, the City Council adopted Ordinance 925 which rezoned the properties at 15901, 15941, 15991 Redhill from the Planned Community Industrial to the Planned Community Industrial/Business. This zone change not only allows industrial uses but also allows additional uses such as: professional offices, general offices, retail uses and general services. Any proposal except industrial uses, will require a conditional use permit. Issue Analysis: R.B. Allen Group is requesting authorization to occupy Suite 100 at 15991 Redhill Avenue which is proposed at 6,029 square feet. Since the buildings were built with a parking ratio of 4 spaces per 1,000 square feet, 24 spaces are available for this user. In correspondence attached to this report is a detailed outline of what the group is (commercial brokerage firm). At present, the firm has 15 employees and expects to expand to 20 by the end of the year. Since there are 24 spaces available for their use, it would appear that 20 employees would not be a burden on the parking situation and 4 extra spaces could then be available for clients. Community Development Department Plannfng Commission Report Use Permtt 85-3 page ~wo RECOI~tENDED ACTION: Approve Use Permit 85-3 by the adoption of Resolution 2113. Associate Planner MAC:do eric. Site Plan Floor plan Correspondence, 1/10/85 .... Com munity Development Department 1 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 2O 21 22 23 24 25 26 27 28 RESOLUTION NO. 2113 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF TUSTIN, APPROVING USE PERMIT 85-3 AUTHORIZING THE R.B.ALLEN COMPANY TO OCCUPY SUITE 100 AT 15991REDHILL AVENUE The Planning Commission of the City of Tustin does hereby resolve as follows: I. The Planning Commission finds and determines as follows: That a proper application, (Use Permit No. 85-3) has been filed on behalf of the R.B. Allen Company requesting authorization to occupy Suite 100 at 15991Redhill Avenue in the Planned Community. Industrial/Business District. B. That a public hearing was duiy called, noticed and held on said application. That establishment, maintenance, and operation of the use' applied for will not, under the circumstances of this case, be detrimental to the health, safety, morals, comfort, or general welfare of the persons residing or working in the neighborhood of such proposed use, evidenced by the following findings: The use is in conformance with the Zoning Ordinance and Tustin Area General Plan. 2. There is adequate parking available for this use. That the establishment, maintenance, and operation of the use applied for will not be injurious or detrimental to the property and improvements in the neighborhood of the subject property, nor to the general welfare of the City of Tustin, and should be granted. Proposed development shall be in accordance with the development policies adopted by the City Council, Uniform Building Codes as administered by the Building Official, Fire Code as administered by the Orange County Fire Marshal and street improvement requirements as administered by the City Engineer. F. A Negative Declaration was previously approved for this project. G. Final development plans shall require the review and approval of the Community Development Department. 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 Resolution No. 2113 page two II. The Planning Commission hereby approves Conditional Use Permit No. 85-3 to authorize the occupancy of the R.B. Allen Company in Suite 100 at 15991Redhill Avenue for a commercial brokerage firm. PASSED AND ADOPTED at a regular meeting of the Tustin Planning Commission,. held on the day of , 198 RONALD H. WHITE, Chairman DONNA ORR, Recording Secretary jI IIIII IIIUI I111111 IUllllllllillL - The cross hatched area represents premises and assigned parking spaces. EXHIBIT A L O000 O0 O0 YALUABLE M iTORAGE ~ BROKERS BROKERS 'ill GRAPHICS 15X15 COPY OO OFFICE · 10X12 10.X1'21) CONFERENCI FLOOR PLAN EXHIBIT B 5704 Usable Square Feet 6029 Rentable Square Feet PARAGON January 10, 1985 Ms. Mary Ann Chamberlain CITY OF TUSTIN PLANNING DEPARTMENT 300 Centennial Way Tustin, CA 92680 Re: R.B. Allen Group Use Permit Petition, 2-11-85 Warner/Redhill Business Center Dear Mary Ann: We look forward to our planning review hearing on February 11, 1985, for the R. B. Allen Group. In reference to our discus- sion about this matter last week, I am providing a brief description of the R. B. Allen Group. The R. B. Allen Group is a 15-person commercial brokerage firm which specializes in the leasing and sale of office or industrial space for small tenants in the range of 1,000 to 5,000 square feet. Currently, R. B. Allen Group has two offices located in the Airport Business Park in Irvine and in the Koll Business Center in Garden Grove. The firm has decided to consolidate both of these offices into a new Tustin location at the Warner/Redhill Business Center. R. B. Allen has enjoyed excellent growth in the past two years and expects to expand its staff to 20 persons in 1985. The Paragon Group is very excited to have R. B. Allen Group as a tenant at the Warner/Redhill Business Center. One particular feature about this "type" of tenant is important for the Planning Department to consider. Because of the need for real estate brokers to be out in the field 80% of the time, we expect minimal traffic and parking impacts from this tenant. The brokers usually occupy the space early in the morning and late in the evening. In essence, R. B. Allen Group will probably only need a two per 1,000 square feet parking ratio for both their clients and employees. Paragon Group 707 Wilshire Boulevard Suite 5290 Los Angeles, California 90017-3655 (213) 488-1396 Dallas St. Louis Charlotte Tampa Houston Los Angeles Ms. Mary Ann Chamberlain Page ~wo January 10, 1985 I look forward to meeting with you on February 11, 1985. Please let me know if there is anything I can do to assist the progress of this matter. Sincerely, Ricardo L. C RIC:rj Report to the Planning Commission DATE: FEBRUARY 11, 1985 ITEM NO. 6 SUBJECT: APPLICANT: LOCATION: ZONING: VARIANCE 85-1 MR. BARRY #ATKINS WATKI#S COPlIERCIAL PROPERTIES 1914 ORANGEWOOD AVENUE, t102 ORANGE, CA 92668 17261 SEVENTEENTH STREET (#ILLER'S OUTPOST) COI~ERCIAL GENERAL - PLANNED UNIT DEVELOPlqENT (CG-PUD) ENVIROIlIENTAL STATUS: REQUEST: CLASS 11 CATEGORICAL EXDIPTION TO INSTALL ONE (1) 208.26 SQUARE FOOT TENANT IDENTIFICATION WALL SIGN BACKGROUND: By recent actions of the Commission and the City Council, the remodeling and expansion of' the shopping center located on the northeast corner of 17th Street and Carroll Way was authorized. Specifically, those actions were a zone change from Retail Commercial (C-1) to Commercial General-Planned Unit Development (CG-PUD) and approval of Use Permit 84-14 including variances with parking and sign regulations. Included in the design of the remodeled structures were architectural features known as dormers to provide space for tenant identification signs. These dormers are only situated on Buildings B, C, and D. Other tenant signing will be located on the factas of the remaining buildings in the center. DISCUSSION: The applicant is requesting authorization to install a 208 ~quare foot wall sign identifying Miller's Outpost. The proposed sign would be attached to the dormer of Building B as indicated on the attached exhibits. As proposed, this sign is approximately 133 square feet larger than permitted by Sign Ordinance 684. Sign ordinance criteria for tenant signage is limited to sign area equal to 15% of the store front area, not to exceed 75 square feet. ANALYSIS: As proposed, the square footage of the Miller's sign equals approximately 15% of the store frontage to be occupied, meeting one criteria of the sign ordinance Corn munity Development Department Planning Commission Report Variance 85-1 page tWo and thereby maintains a proportional relationship to other signage in the center. However, the 208 square foot sign is far in excess of the 75 square foot maximum permitted by code. The applicant contends that a variance is justified in this instance since the structure to be served is set back 350 feet from 17th Street. Additionally,the proposed construction of a restuarant on the corner of 17th and Carroll Way will somewhat detract from the visibility of the tenant. Staff concurs with the contention of the applicant, and considers sufficient grounds to exist that warrant approval of a variance to the sign code. However, staff cannot support the 208 square foot area proposed. Particularly, when the sign is situated well above the facia, and Miller's Outpost has authorization for a monument sign at the entrance of the complex. To remain more in line with previous variances granted, and to preclude the granting of special privilege, staff suggests that the maximum area of the sign be 150 square feet with a maximum letter height of 36 inches. This would be consistent with other signs in the area as well the square footage approved for Drug Emporium Redhill Avenue.' 'Similar signs in the vicinity of Miller's Outpost include Fireman's Fund (80 sq. ft.) and. Safeway (108 square feet) :Further, Drug Emporium, a retail outlet with similar physical characteristics (i.e., 300 foot building set back) as Miller's Outpost, was authorized a 184 square foot wall sign. Once again, staff concurs with the applicant that a variance may be warranted, however, cannot'support the proposal for a 208 square foot sign. RECOI~ENDATION: ~t is recommended that Vartance 85-~ be approved authortzln9 one (~) 250 square. foot tenant identificatin wall sign, with a maximum letter height of 36 inches, for Miller's Outpost, to be located .at 17261 Seventeenth street. Such approval would be granted by the adoption of Resolutibn No. 2210. Associate Planner iD:do attach: Building Elevations {reduction) Full size sign plan Resolution No. 2210 Community Development Department 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 RESOLUTION NO. 2210 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITf OF TUSTIN, APPROVING VARIANCE APPLICATION NO. 85-1 AUTHORIZING ONE (1) 160 ~QUARE FOOT WALL SIGN FOR MILLER'S OUTPOST AT 17261 SEVENTEENTH STREET. The Planning Commission of the' City of Tustin does hereby follows: I. The Planning Commission finds and determines as follows: resolve as That a proper application, (Variance No. 85-1), was filed by Mr. Barry Watkins on behalf of Miller's Outpost, requesting authorization to vary with the requirements of the Tustin sign code and to install a 208 square foot wall sign at 17261 Seventeenth Street. Be Ee That a public hearing was duly called, noticed and held on said application. That because of special circumstances applicable to the subject property, relative to size, shape, topography, location or surroundings, a strict application of the Zoning Ordinance is found to deprive subject property of privileges enjoyed by other properties in the vicinity and under identical zone classification, evidenced by the following findings: 1. The use is in conformance with the land use element of the Tustin Area General Plan. 2. That as a result of a 360 · foot building setback, and partial obstruction of the structure served by future development, a sign in excess of the maximum allowed by the sign code is justified. 3. That although a variance is justified, the 208 square foot sign is excessive and any approval should be limited to 150 sq. ft. maximum. That the granting of a variance as herein provided will not constitute a grant of special privilege inconsistent With the limitations upon other properties in the vicinity and district in which the subject property is situated. That this project is categorically exempt from the requirements of the California Environmental Quality Act.(Class II.) 28 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 2O 21 22 23 24 25 26 27 28 Resolution No. 2210 Page two II. That the granting of the variance as herein' provided will not be contrary to the intent of the Zoning Ordinance or the public safety, health and we]fare, and said variance should be granted. G. Final sign plans shall require the review.and approval of the Communtty Oevel opment Di rector. The Planning Commission grants Variance Application No. 85-1 authorize the tns~allation of a 150 square foot wall sign at 17261 Seventeenth Street, subject to the following conditions: A. That the wall sign shall not exceed 150 square feet in area measured by the dimension of the highest letter by the entire length of the sign. B. That the maximum letter size of the subject sign shall not exceed 36 inches. C. That all other provisions of the Tusttn Sign Ordinance must §e complied with. PASSED AND ADOPTED at a regular meeting of the Tustin Planning Commission, held on the day of , 198 RONALD H. WHITE, Chairman DONNA ORR, Recording Secretary Report to the Planning Commission DATE: FEBRUARY 11, 1985 SUB,]ECT: APPLICANT: ITEM NO. 7 DESIGN REVIEg/SATELLITE SIGNAL RECEIVING DiSH P.EoL. ASSOCIATES, iNC. LONG BEACH, CA PROJECT PROPONENT: LOCATION: REQUEST: COMMUNICOM CABLE TELEVISION 5731 BUCKZNGHAI~ PARKgAY CULYER CITY, CA 90230 580 g. SIXTH STREET (BOY'S CLUB) PLANNING COIqMISSZON APPROVAL FOR INSTALLATION OF A THIRD SATELLITE SIGNAL RECEIVING DISH ON THE BOY'S CLUB BUILOING TO SERYICE THE COII~UNITY CABLE TELEYISION STSTEI4. BACKGROUND: In two separate actions by the Commission, Use Permit 82-16 and an amendment thereto, authorized the installation of ~o satellite signal receiving dishes on the Boy's Club building at 580 N. 6th Street. These dishes serve Communicom, the company franchised by the City to provide cable television service. Resolution No. 2138, approving the amendment to Use Permit 82-16 precluded the need for public hearing to consider additional dishes. However, the Commission did desire to review any further additions to the site. DISCUSSION: P.E.L. Associates, on behalf of Communtcom, has submitted a plan indicating a third dish to be installed on the Boy's Club building. The proposed addition is a 3.7 meter dish to be attached on a support pole which will be secured to the exterior wall of the building. A concrete footing, to be approved by the Building Department, would also be provided as a support feature. ANALYSIS: Although not necessarily opposed to an additional dish at the subject location, staff is concerned that the roof of the Boy's Club will soon resemble a communication statton. Particularly, with the additton of the third dish sttuated on a pole, on the extertor of the building. As an alternative, staff suggests that the third dish be located on the roof of the Boy's Club, and not on the support system proposed. It ts realized that roof mounting may entail additional structural considerations pertaining to the roof, yet the Corn munity Development Department Planning Commission Report Design Review/Dish antenna page two visual i~act of a roof top dish would be softened. Finally, the Commission should consider, if the third dish is authorized, prohibiting any additional dishes at the subject location. RECOI~tENDEO ACTION: It is recommended that the Commission, by minute order, approve a third 3.7 meter satellite dish on the structure located at 580 W. Sixth Street subject to the following conditions: That the dish be roof mounted on the rear half of the building currently housing two similar dishes. That the maximum number of dishes on the structure shall not exceed three. If additional receiving stations are required, an alternative location must be utilized. Associate Planner JD:do attach: Reduced elevations and roof plan Full sized elevations and roof plan Comrnunity Deveiopmem Departmem Planning Commission DATE: SUBJECT: APPLICANT: LOCATION: ZONING: FEBRUARY '11, 1985 REQUEST FOR UNDERGROUND #AIYER FOR NCCHARLES HOUSE RESTAURANT CARLOS AND AUDREY HEREDIA 335 S. 'C' STREET C-2 (CENTRAL COI~ERCIAL) DISCUSSION: The attached correspondence from the Heredta's requests a waiver for the undergroundtn9 of electrical service for the HcCharles House Restaurant. The correspondence also states the reasons why the waiver should be 9ranted. Section 8402 of the Tusttn ~untctp&l Code requires that all electrical service to any butlgtn9 (except a single-familY residence) be installed underground when there is any change in occupancy, or installation of a new electrical service. The ~cCharles House building should have been brought into conformance with the building codes for B-2 occupancy at the time of the first conversion (1979) from residential to commercial occupancy. At this time, the butldtng's occupancy is again being changed to a restaurant use which requires its compliance with building and electrical codes. However, the Southern California Edison electrical service pole also serves several adjoining properties and is not scheduled for removal or undergroundtng within the foreseeable future. In view of this existing condition, the property owner ~ is specifically requesting a waiver from placing their overhead service underground. Staff agrees with the property owner that an untimely hardship would be placed upon the Heredia's causing them to underground their electrical service while the balance of businesses served from the same utility pole will still remain overhead. Community Development DeparTment Planning Commtsstofl Report McCharles House page t~o RECOI~IENDAT[ON: Staff recommends that the existing overhead electrical service be. permitted to remain until such time the supply utility pole is scheduled for removal. A bond for the cost of undergrounding the private electrical service shall be filed with the City or a covenant recorded against the property notifying future property owners that this condition with its associated costs are the burden of the property owner. Building Official RH: do enc. Heredta request. Code. section Community Development Department January 30, Z985 PlannJ~6 Commission City of Tustin 300 Centern%ial Way Tustin, California 92680 Dear-Commissioners: We are. in the process oi converting- the. NcChar!es House aT 335 South C. Street, Tus~in into a Tea Room and. Restaurant and re- quest tha~ the Edison Company's overhead service be retained. We state the following reasons: Edison Company's Service Planner, Mr.: Ron Rust has stated that the pole which exists and services' said property will remain above ground and is not part ol Rule 20B underground. The McCharles House is one-of ~hree properties serviced by said poie~ All three properties are serviced overhead. The Barnett propert-y at 125 Nain Street, Tustin obtained a Build- lng-Permi= flor new' electrical service on 4/30/81. The Kelly proper%7 at 333 South C. Street, Tustin, obtained a Building Permit ior' new electrical service on 6/28/82. Neither service was required to go underground. A main consideration in the development o~ this restaurant has been to create an ~mbience enhancing 01d Town Tustin. Retainin$ overhead service will not detract from this goal. However, ~e additional expense in' construction costs required for the under- gr6und service will crea~e a financial burden. Nr. Rust has' info=mod us. that a normal w~iting period for a request for change from overhead to underground with the Edison Company t~es. ten to. twelve weeks. The anticipated opening for the McCharles House Restauran~ and Tea Room is mid-February. Such a waiting period could delay the opening to ~Way, resulting in a serious financial burden.. The NcCharles House was built in 1885, and may be exempt from underground requirements under a CXTy of Tustin provision. Thank you for your consideration in this matter. The opening of ~he McCharles House~ Restaurant and Tea. Room is eagerly an- ticipated by m-ny here in Tustin. Sincerely Yours, Carlos and Audrey Heredia ~ TUST!N CITY CODE 8402 UNDERGROUND UTILITIES (a) Whenever any property in any zone is developed with new or relocated buildings or structures, or whenever enclosed floor area in excess of 200 square feet is added to an existing building site in any zone except zones permitted for single family residential use, or whenever a new electrical service is installed in an existing building, in any zone except zones permitted for single family residential use, or whenever a residential building or use is converted to any purpose or use other than that which existed at the time of conversion, all electrical, telephone, community antenna television and similar service wires or cables, which provide direct service to the property being developed, shall, within the exterior boundary lines of such property, be installed underground. (b) For the purpose of this Section, appurtenances and associated equipment such as, but not limited to, surface mounted transformers, pedestal mounted terminal boxes and meter cabinets, may be placed above ground. (c) The developer or owner is responsible for complying with the require- ments of this section, and shall provide all necessary facilities on their premises so as to receive such services from the supplying utility or utilities subject to the applicable rules, regulations and tariffs of the respective utility or utilities on file with the California Public Utilities Commission. (d) Where practical difficulties or unnecessary hardships inconsistent with the provisions of this chapter result from its literal interpretation or enforce- ment, the Planning Commission may waive, modify, or request by a building site owner. Such request shall be filed with the Planning Commission and shall c~tain any and all facts which are offered in support. (e) If the Planning Commission's action is to delay the installation of required undergrounding utilities, it may require the building site owner to file with the City a cash deposit, and/or record a covenant sufficient to provide for the future installation of the underground features which are to be delayed. The amount of the cash deposit shall be determined by the Building Official. (Ord. NO. 455) Report to the Planning Commission ITEM NO. 9 February 11, 1985 SUBdECT: REPORT O# COUNCIL ACTIONS - February 4, 1985 Oral presentation to be given by Donald D. Lamm, Director of Community Development do Attachments: City Council Action Agenda - February 4, 1985 Community Development Depariment 7:02 I. ALL PRESENT II. ROLL CALL III. PUBLIC HEARINGS ACTION AGENDA OF A REGULAR MEET[I~ OF THE TUSTIN CITY COUNCIL February 4, 1985 7:00 P.M. CALL TO ORDER/PLEDGE OF ALLEGIANCE/INVOCATION MOVED A~PROVAL ARD ~'FAFF 1. APPEAL OF USE PERMIT 84-27 - STORAGE FACILITY AT 550 W. 6TH TO NEGOTIATE A PRIC£ FOR THE STREET EA.S~I~ENT Wilt( G~£INK£ TO BE Pleasure of the City Council. COUNCIL REPR£SENTATIV£ ON ~ N£GOTIATIN~. OMN~R IV. PUBLIC INPUT REPORTED ON IHPROVE)IENTS THAT HAVE BEEN DONE AT THE CALIFORNIAN APARTHENTS. HE SAID EVERY APAR'rtIENT WOULD HAVE ONE PARKING SPACE ~.OR CARPORT. GARAGES WOULD )lAVE ELECTRIC DOOR OPENERS Alii) WOUU) BE RENTED TO THOSE D~SIRIN~ THE)I. S01,!£ TENANTS S~IU. CO~)~.AIN£D ~ ~ OUNERS ARE SPEND[ND CONSIDERABLE MONEY TO ~E THE WHOLE COHPLEX. V. CONSENT CALENDAR ~PROVED 1. ~P~VED 2. R~OVED FROM THE CONSENT 3. CALENDAR BY ATTORNEY ROURKE WITH NO ACTION TO BE TAKEN AT ll4IS ~£TIND APPROVE]). STAFF 4. RECOI~ENDATION ADOPTED RESOLUTION 5. NO. 85-15 ADOPTED RESOLUTION 6. NO. 85-14 VI. VII. ADOPTED ORDINANCE NO. 926 1. APPROVAL OF MINUTES - January 21, 1985 & 1-24-85 APPROVAL OF DEMANDS in the amount of $245,503.81 RATIFICATION OF PAYROLL in the amount of $124,920.49 CLAIM NO. S&C-85-4: MITSUI MANUFACTURERS BANK v. L.A. LEASING, et al. LASC CASE NO. C 481 710 Authorize the County Counsel of the County of Orange to defend the City of Tustin in the subject action pursuant to Revenue and Taxation Code Section 5149 as recomended by the City Attorney. REJECTION OF CLAIM OF ~OM SERING; D/L: 12-20-84; DATE FILED W/CITY: 1-4-85; CLAIM NO. 85-2 Rejection of subject claim as recommended by the City Attorney. RESOLUTION NO. 85-15 - A Resolution of the City Council of the City of Tustin, California, APPROVING PLANS AND SPECIFICATIONS FOR NEWPORT AVENUE RESERVOIR ROOF REPAIRS Adoption of Resolution No. 85-15 as recommended by the Engineering Department. RESOLUTION NO. 85-14 - A Resolution of the City Council of the City of Tustin, APPROVING TENTATIVE PARCEL MAP 84-1033 LOCATED AT 2911 AND 2961 DOW AVENUE Adoption of Resolution No. 85-14 as recommended by the Com- munity Development Department. ORDINANCES FOR INTRODUCTION - None ORDINANCES FOR ADOPTION ORDINANCE NO. 926 - An Ordinance of the City Council of the City of Tustin, California, AMENDING SECTIONS 9270 AND 9271 OF THE TUSTIN CITY CODE BY REQUIRING A USE PERMIT AND ESTABLISHING STANDARDS AND CRITERIA FOR THE INSTALLATION OF DISH ANTENNAE CITY COUNCIL ACTION AGENDA PAGE 1 2-4-85 A~'OPTED OP. OINANCE NO. 927 2. VIII. OLD BUSINESS RECEIVED AND FILED ORDINANCE NO. 927 - An Ordinance of the City Council of the City of ?ustin REZONING AN AREA BOUNDED BY THE I-5 FREEWAY, PROPOSED JAMBOREE ROAD, PROPOSED LAGU~LA ROAD, AND A LINE 192 FEET WEST OF THE EL MODENA CHANNEL, FROM PLANNED COMMUNITY TO PLANNED COMMUNITY/CDMMERCIAL AS SHOWN IN EXHIBIT "A" AND INCLUDING THE INCORPORATION OF PLANNED COMMUNITY REGULATIONS FOR THE EAST TUSTIN AUTO CENTER M. O. - That Ordinance No. 927 have second reading by title only. M. O. - That Ordinance No. 927 be passed and adopted. (Roll Call Vote) 1. REVIEW OF T1JSTIN COMMUNITY HOSPITAL PARKING LOT PLAN Receive and file. IX. NEW BUSINESS APPROVED ST~ 1. FIRE STUDY - AUTHORIZATION TO RETAIN CONSULTANT RECgM~IENDATIOR. Authorize retention of the consulting firm of Hughes, Heiss & CONSULTART TO )lEEr Will( ~ Associates to prepare the fire study as recommended by the OF THE COUNCIL INDIVIDUALLY City Manager. TO IF. AR ~IR VIEWS AND CONCERNS. SET WORKSHOP FOR FEBRUARY 2. CITY WZDE TRAFFIC STUDY llTH, AT 4 O'CLOCK. Pleasure of the Council. X. REPORTS r IFIED 1. PLANNING COMMISSION ACTIONS - January 28, 1985 All actions of the Planning Conwission appealed by the City Council. are final unless CONTINUED TO 2-19-85 2. APPROVED RECOMNENDED BUDGET BALAI~E CHARGES WATER SYSTEM CASH FLOW ANALYSIS Continue to the meeting of Tuesday, February 19, 1985. MID-YEAR BUDGET REVIEW. Receive and file. SEE PUBLIC INPUT FORTION OF THISAGENDA STATUS REPORT CONCERNING CALIFORNIAN APARTMENTS - 14882 NEWPORT AVENUE Receive and file. HUSTON XI. OTHER BUSINESS REQUESTED A CLOSED SESSION FOR PERSONNEL MATTERS. HOESTEREY REMARKED THAT THE ~AYCE£S MISS TUSTIN PAGEANT IS NEX"F SATURDAY NIGIfT. GREINKE COMIqENDED THE MARINE CORPS FOR THEIR COOKOFF AND I'HE MAYOR WILL SEND A LETTER. 8:51 XlI. ADJOURNMENT Recessed to the Redevelopment Agency, thence to a Closed Session for Personnel matters and thence adjourned to a Workshop on February 11, 1985, at 4:00 p.m. for City Wide Traffic Study, and thence to the next regular meeting on Tuesday, February 19, 1985, at 7:00 p.m. CITY COUNCIL ACTION AGENDA PAGE 2 2-4-85 ACTION AGENDA OF A REGULAR t'EETING OF TIlE TUSTIll REDEVELOPI~ENT AGENCY February 4, 1985 7:00 PJe. 8:51 1. CALL TO ORDER ALL 2. ROLL CALL PRESENT APPROVED 3. APPROVAL OF MINUTES of January 21, 1985 NONE 4. OTHER BUSINESS 8:52 5. ADJOURNMENT - To the next regular meeting on Tuesday, February 19 1985, at 7:00 p.m. ' REDEVELOPMENT AGENCY ACTION AGENDA Page i 2-4-85