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HomeMy WebLinkAboutRPT 1 P.C. ACT AGENDA 03-04-85-. MINUTES TUSTIN PLANNING CO~ISSION REGULAR ~ETING FEBRUARY 25, 1985 REPORTS NO. 1 3-4-,85 CALL TO ORDER: 7:30 p.m., City Council Chambers PLEDGE OF ALLEGIANCE/INVOCATION ROLL CALL: Present: White, Weil, McCarthy, Sharp Absent: Puckett PRESENTATIONS PUBLIC CONCERNS: CONSENT CALENDAR: (7:30 p.m.) 2. Minutes from Planning Commission meeting February 11, 1985. Commissioner Sharp moved, Well second to approve Consent Calendar. 4-0. CONTINUED PUBLIC HEARINGS 3. USE PERMIT 85-5 Applicant: Thrifty Oil Co. Locati on: Request: Motion carried 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 Chairman White opened the public hearing at 7:34 p.m. Seeing no one wishing to speak, he closed the hearing at 7:34 p.m. Commissioner Sharp moved, Well second to continue this item to the next regularly scheduled meeting pursuant to staff's recommendation. Sufficient information had not been received to formally withdraw the application. Motion carried 4-0. PUBLIC HEARINGS 4. SIGN ORDINANCE AMENDMENT 85-1 Applicant: Request: Presentation: Chairman White opened the public hearing at 7:38 p.m. speak, he closed the hearing at 7:39 p.m. Tustin City Council Amend Section 9483 of the Tustin Municipal Code which relates to Political Signs. Donald D. Lamm, Director of Community Development Seeing no one wishing to Planning Commission Min~ February 25, 1985 page ~wo Commission discussion ensued concerning Section 6 (7) a of the draft political sign Ordinance, allowing only one political sign on any abutting property line in parkways. Their concern was in the event a citizen supported more than one candidate they should be permitted to support those candidates by posting signs for each. Commissioner Well moved, Sharp second to adopt sign ordinance amendment 85-1 by the adoption of Resolution 2216 changing Section 6 {7)(a) of the draft political sign Ordinance, "only one political sign shall be permitted on any abutting non-residential property line." Motion failed 2-2, White and McCarthy opposed. Commissioner McCarthy moved, White second to approve sign ordinance amendment 85-1 as proposed. Motion failed 2-2, Well and Sharp opposed. Commissioner Sharp moved, Well second to approve sign ordinance amendment 85-1 by the adoption of Resolution 2216 with one change in Section 6 (7)(a) of the draft political sign Ordinance, "no more than three signs shall be permitted on any abutting property line." Motion carried 3-1, McCarthy opposed. 5. USE PERMIT 85-6 Applicant: Location: Request: Harry Gates 450 West First Street Authorization to develop an office and retail building of 5,600 square feet. Presentation: Mary Ann Chamberlain, Associate Planner Chairman White opened the public hearing at 7:51 p.m. The following people spoke: Marvin Brown, 520 W. 1st Street, expressed concern with the impacts on the surrounding area by additional parking and traffic generated by this retail project. Louis Ferracone, 426 W. 1st, president of Tustin Commons Homeowners, expressed concern with water drainage from the parking lot of the proposed building onto their housing project; traffic generated by the retail uses; and, the view from the second floor windows into the condominum recreation/common area. He suggested screening to protect the complex's privacy. Harry Gates, applicant, explained that they are not really in favor of retail use on this site, but according to the City Code they are required to provide retail space. The views from the building will be oriented away from the residential complex. When the neighboring condominium complex was built, the City Engineer reviewed the drainage and required holes in the block wall be installed. He hopes this was projected to accommodate drainage for future development of his site. Chairman White closed the public hearing at 8:14 p.m. Commission discussion ensued concerning the necessity of retail uses and the impact on the area from additional parking and traffic. Commissioner Sharp moved, Weil second to approve Use Permit 85-6 by the adoption of Resolution No. 2215 with Conditions of Approval attached in Exhibit "A" providing windows facing the condominium complex be screened to the satisfaction of City Staff. Motion carried 4-0. Planning Commission Minutes February 25, 1985 page three Applicant: Request: ZONING ORDINANCE AMENDMENT 85-2 Tustin Planning Commission Amend various sections of the City Code as they pertain to the regulation of Large Family Day Care Homes in single family residential districts. Presentation: Jeff Davis, Associate Planner Chairman White opened the public hearing at 8:23 p.m. he closed the hearing at 8:23 p.m. Seeing no one wishing to speak Commission discussion ensued concerning the dangers of swimming pools with small children. Commissioner Weil moved, McCarthy second to not amend Ordinance 85-2 pertaining to Ordinance No. 911. Motion carried 4-0. AOMINI~-TI~ATIY[ Old Business None. New Business 7. Commercial Office Parkin9 Study Presentation: Ed Knight, Senior Planner Chairman White moved, McCarthy second to request the City Council advertise for a public hearing to consider a zone amendment to the parking standards for professional offices. Motion carried 4-0. ST~ C~)#CER#S 8. Report on Council Actions, February 11, lg85 Presentation: Edward M. Knight, Senior Planner The following items were late additions to the agenda: 9. Addition of a Clock Tower at Tustin French Quarter Presentation: Jeff Davis, Associate Planner Staff report was presented advising the Commission of an architectural feature on the Tustin French Quarter not previously reviewed. Report received and filed; no action by the Commission was necessary. Planning Commission Minutes February 25, 1985 page four 10. Final Parcel Map 84-1030 Presentation: Mary Ann Chamberlain, Associate Planner Commissioner Wetl moved, Sharp second to adopt Resolution No. 2217 recommending approval to the City Council of Final Parcel Map 84-1030. Motion carried 4-0. CO~ISSION CONCERNS Chairman White requested a list of issues to be dealt with at the next workshop. ADJOURNMENT Ed Knight cancelled the workshop scheduled for February 27, 1985 due to the Commissioner's attendance at the League of California Cities conference. A workshop date will be established before a public hearing on the East Tustin residential project. Commissioner Sharp moved, Well second to adjourn to their next regularly scheduled meeting at 8:45 p.m. RONALD H. WHITE, Chairman DONNA ORR, Recording Secretary AGENDA TUSTIN PLANNING CO)~ISSION REGULAR ~ETING FEBRUARY 25, 1985 CALL TO ORDER: 7:30 p.m., City Council Chambers PLEDGE OF ALLEGIANCE/INVOCATION ROLL CALL: White, Well, McCarthy, Puckett, Sharp PRESENTATIONS PUBLIC CONCERNS: (Limited to 3 minutes per person for items not on the agenda) IF YOU WISH TO SPEAK TO THE COMMISSION ON A SUBJECT, PLEASE FILL OUT THE CARDS LOCATED ON THE SPEAKER'S TABLE. ALSO, PLEASE GIVE YOUR FULL NAME AND ADDRESS FOR THE RECORD. CONSENT CALENDAR: (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.) 2. Minutes from Planning Commission meeting February 11, 1985. 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 Planning Commission Agenda February 25, 1985 page two PUBLIC HEARINGS 4. SIGN ORDINANCE AMENDMENT 85-1 Applicant: Request: Tustin City Council Amend Section 9483 of the Tustin Municipal Code which relates to Political Signs. Presentati on: Donald D. Lamm, Director of Community Development 5. USE PERMIT 85-6 Applicant: Location: Request: Harry Gates 450 West First Street Authorization to develop an office and retail building of 5,600 square feet. Presentation: Mary Ann Chamberlain, Associate Planner 6. ZONING ORDINANCE AMENDMENT 85-2 Applicant: Request: Tustln Planning Commission Amend various sections of the City Code as they pertain to the regulation of Large Family Day Care Homes in single family residential districts. Presentati on: Jeff Davis, Associate Planner ADMINISll~ATIYE )~AI-FERS Old Business None. New Business 7. Commercial Office Parking Study Presentation: Ed Knight, Senior Planner Planning Commission Agenda February 25, 1985 page three STAFF CONCERNS 8. Report on Council Actions, February 11, 1986 Presentation: Donald D. Lamm, Director of Community Development COMMISSION CONCERNS AD~OURNMEIfl' Adjourn to workshop on February 27, 1985 at 6:30 p.m. in the City Manager's Conference Room, Tusttn City Hall, for a workshop to study East Tustin Residential Phase II. )INUTES TUSTIN PLANNING COI~)~ISSION REGULAR ~ETING FEBRUARY 11, 1985 CALL ll) ORDER: 6:30 p.m., City Council Chambers Chairman White 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 Deerhill Drive, questioned the type of residential development adjacent to his tract of homes between Bryan and 1trine 81vd. 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 ALLEGIANCE/INVOCATION ROLL CALL: White, Well, McCarthy, Puckett, Sharp PRESENTATIONS None. PUBLIC CONCERNS: None. CONSENT CALENDAR: 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, Well second approval of the Consent Calendar. Motion carried 5-0. CONTINUED PUBLIC HEARINGS 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 Commfssion Minutes February 11, 1985 page two 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. Presentati 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. Ne 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. 1 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, 15991Redhill 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 Tustin 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. ADMINISll~TIV£ MATT£RS Old Business None. New Business 7. Design Review/Communicom 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 Chamberlain, Associate Planner Commissioner Well 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 11, 1985 page four STAFF CONCERNS 9. Report on Council Actions, February 4, 1985 Presentation: Donald D. Lamm, Director of Community Development COI~IISSION CDNCERNS 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. ADJOURNMENT Commissioner Well 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 Irvine. 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 ITEM Planning Commission DATE: SUBJECT: APPLICANT: FEBRUARY 25, 1985 USE PEIUqIT 85-5 AL ~OHNSON ON BEHALF OF THRIFTY OIL LOCATION: REQUEST: 14121 NEWPORT AVENUE TO CONSTRUCT A MINI-MARKE-T STRUCTURE WITH AN OFF-SITE BEER AND WINE LICENSE AT 14121 NEWPORT AVENUE. BACKGROUND: On staff's recommendation, the Commission at it's last meeting continued the public hearing on Use Permit 85-5 pending written confirmation that the applicant intends to withdraw his request. At the writing of this report, the required documents have not been received. The Commission shall be advised of the project's status on February 25, 1985. Recommendations on how to dispense with the app~icatfon will be made at that time. FDA~'I,~ istantPlanner ~~ JD:pf Community Development Department Planning Commission DATE: FEBRUARY 25, 1985 SUB,.]ECT: SIGN ORDINANC£ /~ENDIqENT ~0. 85-1: POLTTICAL SIGNS DISCUSSION: In response to the direction of the City Counct], an amendment to the Sign Ordinance pertaining to political signs was prepared by the Community Development Department and the City Attorney. A draft ordinance was reviewed by the Council on January 21, i985 and referred to the Planning Commission for public hearing. Notice of the hearing has been advertised pursuant to law. The draft, ordinance has been amended to incorporate the comments of the City Council. An additional amendment incorporates into the sign ordinance the content of Resolution No. 80-20, which authorizes signs in the public parkway. The draft ordinance addresses the following amendments: 1. a definition of political signs. 2[: an increase from $50 to $100 in the amount of the bond from each candidate to assure removal of political signs. 3. limits the posting of signs to 30 days prior to an election. 4. authorizes by ordinance the posting of signs in parkways subject to conditions. restricts the size of political signs to 32 sq. ft. in non-residential zones. 6. establishes the right of the city to recoup the cost of removal and to destroy signs that are illegally posted and not reclaimed within 48 hours. 7. makes it a violation of the Code to deface or destroy a political sign. It is expected that increased compliance with the sign code will be gained by including all provisions of the code in one document that can be furnished political candidates upon their filing for election. Community Development Deparimem Report to Planning Commission Political Signs page two RECOMMENDATION: That the Planning Commission, following the public hearing, include any recommended amendments to the draft ordinance and forward the proposed amendment to the City Council by adoption of Resolution No. 2216. ~DNALD- D. LAM~, ~ Director of Community Development DDL:RFK:do atachments: Resolution No. 2216 Ordinance Resolution No. 8-20 Section 9483, Municipal Code ,, Community Development Department 1 2 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. 2216 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF TUSTIN, CALIFORNIA, RECOMMENDING TO TNE CITY COUNCIL AN AMENDMENT TO SECTION 9483 OF THE TUSTIN MUNICIPAL CODE PERTAINING TO POLITICAL SIGNS The Planning Commission of the City of Tustin, California, does hereby resolve as follows: The Planning Commission finds and determines that: A. The indiscriminate posting and abandonment of political signs creates liter, visual polution, and a liability upon the general public for the removal of illegal and abandoned political signs. A public hearing was duly advertised and conducted by the Planning Commission on February 25, 1985 for the purpose of considering amendments to the Tustin Municipal Code to regulate the posting of political signs. Ce Further restrictions on the posting of political signs are warranted in the public interest. D. Said regulations are exempt from the requirements of the California Environmental Quality Act. II. The Planning Commission hereby resolves that: The Planning Commission hereby recommends to the City Council that Section 9483 of the Tustin Municipal Code be amended in accordance with the intent of the draft ordinance as attached hereto and a part hereof. PASSED AND ADOPTED at a regular meeting of the Planning Commission held on the day of , 1985. RONALD H. WHITE, Chairman DONNA ORR, Recording Secretary 1 ? 8 9 10 11 lO 16 17 18 19 ~0 27 28 ORDINANCE NO. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TUSTIN, CALIFORNIA, APPROVING AMENDMENT OF ORDINANCE NO. 684, ARTICLE III, SECTION 1 AND ARTICLE VIII, SECTION 4, THEREBY AMENDING SECTIONS 9430 AND 9483 OF THE TUSTIN MUNICIPAL CODE, REGARDING THE REGULA- TION OF POLITICAL SIGNS NOW, THEREFORE, the City Council of the City of Tustin, California, does ordain as follows: Section 1: Section 9430 of the Tustin Municipal Code is amended to add the following definition, integrated in alphabetical order, to read as follows: "'Political Sign' means any sign indicating the name and/or picture of an individual seeking election to a public office, or relating to a public election or referendum, or pertaining to the advocating by per- sons, groups or parties of the political views or policies." Section 2: Section 9483(1) of the Tustin Municipal Code is amended as follows: "(1) Any person, party or group posting political signs in the City having to do with any issue, ballot measure, ballot proposition, candidate or group of candidates in any district, municipality, community, state or federal election, shall first post a bond or cash deposit in the amount of $100 with the City of Tustin." Section 3: Section 9483(2) of the Tustin Municipal Code is amended as follows: "(2) Ail political signs shall be placed no earlier than 30 days prior to the election and shall be removed not later than 48 hours following the date of the election. In the event all signs are not removed within the specified time period, or are posted prior to the specified time period, the bond or cash deposit shall be forfeited in its entirety, and the City shall have the right to remove and dispose of same. Any person, party or group posting political signs in violation of this Chapter shall be charged pursuant to the General Penalty provisions of this Code." Section 4: Section 9483(3) of the Tustin Municipal Code is amended as follows: "Compliance with Section 9444(c) of this Chapter 1 2 3 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 which prohibits the fixing of any sign on any public property, including any tree, traffic sign, traffic signal post, or any other official traffic sign or traffic control device or within any public right- of-way, except as specifically provided in Section 9483(7) of this Code." Section 5: Section 9483(6) of the Tustin Municipal Code is amended as follows: "(6) Political signs in other than residential districts shall be limited to a maximum aggregate sign area of 32 square feet." Section 6: Section 9483(7) of the Tustin Municipal Code is amended as follows: "(7) Political signs are authorized in parkways (defined as the area between the curb line and the private property line), subject to the follow- ing procedures, conditions, and penalties: (a) (b) c) Only one political sign shall be permitted on any abutting property line. Political signs shall be limited to three (3) square feet in size and three (3) feet in height. Political signs in the parkway shall require the permission of the abutting property owner. d) Political signs in the parkway shall not be attached in any manner to any traffic control device, tree, street light, or utility pole, nor placed so as to impede pedestrian walkways. e) Political signs in the parkway shall be located so as not to obstruct the vision of motorists and shall be prohibited in any area designated by the City Engineer as a hazardous area. (f) Any person, party or group posting polit- ical signs in the parkway shall be liable to the City of Tustin, private property owners, and the general public for any injury to persons or property resulting from the placement and maintenance of political signs in the public right-of way." -2- 1 2 3 5 6 7 8 9 10 11 12 13 15 16 17 18 19 20 21 22 23 24 25 26 27 28 Section 7: Section 9483(8) of the Tustin Municipal Code is amended as follows: "(8) Signs in violation of this Code shall be removed by the City and destroyed if not claimed by the owner within 48 hours and payment made to the City for the direct costs incurred in the removal of said signs." Section 8: Section 9483(9) of the Tustin Municipal Code is amended as follows: "(9) Any person who intentionally defaces, oblit- erates, tears down, or destroys any political sign shall be charged pursuant to the General Penalty provisions of this Code." PASSED AND ADOPTED by the City Council of the City of Tustin, California, this day of , 1985. Mayor ATTEST: City Clerk -3- 1 4 6 ? 9 10 14 19 Z0 ~4 ~9 ~0 RESOLUTION NO. 80-20 A RESOLUT{ON OF TH~ CiTY COUNCIL OF City OF TIJSTIN, AUTHORIZING PLACEi~/~SNT OF pOlITICAL SIGNS IN THE PUBLIC RIGHT-OF- WAY. The City Council of the City of Tustin does ~ersby rssolve as Follo~: The City Council finas ~n~ determines ~s follo~: A. That ~ollfical signs provide a puOl[c service in informing ~he c~ing mlections. B. That Ordinance No. 58A (Sign Co,e) enaOles ~igns to be placmd in the public right-of-way upon s~eciFic ~uthorify Council. The C~ty Council hereby authorizes pollticai information signs in parkways (de~ne~ as the area ~etween the curb line and the private D~ooe~ty llne), suOject to ~he Following procedures, condJf[ons, and penalties: A. Only one sign shall ~e pecmitted an any aOutt{ng ~caperty line. 8. S~gns shall De ~;mited to three (51 square Feet in size and three {3) ~eet in height. C. Signs in t~e parkway snail requJ~e the permission of the aOutting property o~er. O. Signs snail not De attached in anyma,ner to any tta~f[c control device, t~ee, sfree~ light, or utility pole, not place so impede pedestrian walkweys. E. Signs shell ~e located so as not fo oOst~uct ~he vision of City Engineer as a hezaraous area. F. Petmittees snail ~e ~iable to the City of Tust[n, private property o~ers, and generaJ puOlic For any injury property resulting ~r~ the placement and maintenance o~ signs in the puOlic right-of-way. G. Signs not Jn c~pllance with this Resolution shell be removed by the City o~ Tusfln and may be redeemed by the owner upon payment o~ two dollars ($2.C0) ~gr each violating sign. PASSED AND ADOP~D afa ~egular meeting o~ the City Council of t~e C~ty of Tustin, held on the 3~ day of AIIEST: S-t'ep.nen L. Schuster Mayor Ruth C, Poe City Clerk STATE OF CALIFOP~NIA ) COUNTY OF OPJ~NGE ) SS .. CITY OF TUSTIN ) RUTH C. POE, City Clerk and ex-officio Clerk of the City Council of the City of T~stin, California, does hereby certify t_hat t_he whole number of t_he members of the City Council of the City of Tustin is five; that the above and foregoing P~solution No. 80-20 was duly and regularly in=rodu=ed,' passed and adopted at a regular meeting of the City CoUncil hel~ on the 3rd day of March , 19'80 by the following vote: A_v~S: COUNCII~MEN: NOES: COL'~.'CII~N: ABSW. NT: CO'~iCII2-~N: Saltarelli, Sharp~ Kennedy Schuster, Welsh None RU%~ C. POE, City Cl~rk, City ~f Tustin, ~alifornia TusTIN CITY CODE SIGN CONTROLS 9482b(1) (1) T-mporary Bug~--ss Identification or Directional Signs - necessitated bY action of the City in the acquisition of right-of-way, street improvements and public works projects. ' (2) Public Service Facility Signs - place4 on private property or on public right-of-way with the approval .of the City Engineer. (3) 0fl-Premise Directional Signs - by public service facilities with a ~ermit of %he City Engineer in accordance with the Uniform Traffic Control Devices Manual. (4) On Premise Directional Signs - not exceeding six (6) sq. ft. per face nor 4 ft. in height, limited ~o one sign per street entranceway or structural entrance. Illuminated signs shall require an electrical permit and fee. (Ord. No. 684, Art. VIII, Sec. 3) 9483 POLITICAL SIGNS Politica/ signs having to do with any issue, candidate or group of candidates in any district,municipal, county, state or federal election shall be permitted subject to the following~ (1) Any person, ~ar~y or 9~up ~osting political signs shall first post a bond or cash 4e~ositin~he amount of fifty 4ollars ($50) with the City of Tustin. (2) All such signs shall be rg-~ved not later than forty-eight hours fol- lowing the 4ate of the election. In the event -11 signs are not re~o_ved within the specified time period, the bond shall be forfeited in its entirety, and the City. shall have the right to remove md dispose of same. (3) Compliance with Section 9444c of this Chapter which prohibits the affixing of any sign on .any tree, traffic sign post, traffic signal post, or any other official ~craffic sign or traffic control device. (4) The permission of the property owner for signs on Private property. (5) Signs in residential districts shall be 1/mired to 6 sq. ft. per candidate or issue with maxtm%~ aggregate sign area of 18 sq. ft. (Ord. No. 684, Art. VIII, Sec. 4) Planning Commission DATE:: FEBRUARY 25, 1985 SUBJECT: USE PERlqlT 85-6 APPLICANT/ OWNER: LOCATION: ZONING: CHARLENE AND HARRY GATES 450 NEST FIRST STREET COI~ERCIAL GENERAL PLANNED UNIT DEVELOPMENT (CG-PUD) ENVIRONMENTAL STATUS: REQUEST: A NEGATIVE DECLARATION HAS BEEN APPLIED FOR TO CONFORI~ ~ITH TIlE CALIFORNIA ENVIRONMENTAL QUALITY ACT. AUTHORIZATION TO DEVELOP A RETAIL AND OFFICE BUILDING OF 5600 SQUARE FEET BACKGROUND: The subject property of 12,367 square feet presently has a single family house which was ~ivided into two units and four small units located behind the house along the southerly property line. Because there are no records on file, it must be assumed that these units were built before the city had a building or planning department. DEVELOPMENT PROPOSAL: The owner is now requesting authorization to construct a 5600 square foot building which would consist of the following building areas: Retail: 1st Floor 2nd Floor Office: 1170 Square feet 830 square feet Total 2000 square feet (10 parking spaces required) 1st Floor 2nd Floor 3rd Floor Stair/Restroom None 2760 square feet 630 square feet 210 square feet Total 3600 square feet (12 parking spaces required) Retail: 36% Office: 64% Community Development Deparxment Planning Commission Report Use Permit 85-6 page two The Commercial General District Code states the following requirements for office uses: Use Criteria - Office Development Office developments within the Commercial General District (CG) shall conform to retail commercial use parking standards for the first floor area unless otherwise specifically exempted pursuant to the approved conditional use permit. Findings, including but not limited to the following, shall be made by the Planning Commission prior to approving a conditional use permit for construction of a building where greater than fifty (50) percent of the total floor area, or any portion of the ground floor area is designated for occupancy for office uses. e {a) Development or construction of professional or general office buildings would be more compatible with the surrounding uses in the area than permitted-retail commercial uses on the subject property.. Development or construction of buildings restricted to a mixture of uses in which the retail commercial floor area exceeds fifty (50) percent of the total building floor area are exempt from office development use criteria {Ord. No. 654; Ord. No. 896, Sec. 13, ~1-21-83) The proposed project falls under No. 2 when greater than 50% of the total floor area is designated for office use, a finding must be made that the office building would be more compatible with the surrounding uses in the area than 100% retail uses on the property. This finding will be placed in the resolution. The surrounding uses are retail commercial buildings, office buildings and some mixed retail/office buildings. At present, the City is considering amending the parking requirements for office buildings. If the proposed recommendation is accepted then the code would revised from one space per 300 square feet to one space per 250 square feet. This proposed project was first submitted for design review before the change in code was anticipated and the developer prepared the architectural drawings with our current standard. However, if this standard were revised and this building were considered as 100% office, the parking would still comply with the proposed change in parking requirements. Community Development Department Planning Commission Report Use Permit 85-6 page three The building elevations submitted indicate stucco with wood trim and tile roof. Some of the at-grade parking is tucked under the second floor which gives the building the appearance of being built on stilts. If the Commission desired a fire wall could be placed on the front elevation (north) to hide the post, which will provide the dual purpose of giving the structure a more substantial appearance, while screening vehicles from view. RECOF~tENDATION: Approve Use Permit 85-6 by the adoption of Resolution No. 2215. MARY ~ CHAMBERLAIN, Associate Planner MAC:do attach: Resolution No. 2216 Exhibit "A" (Conditions of Approval) Site Plan Elevations Location Map Community.Development Department ( DEVELOPMENT REVIEW SUMMARY Project: USE PERMIT 85-6 Location/District: Action: 450 West First Street, Commercial General (PUD) District Requesting approval to construct retail-office building Building: Front Setback Side Setback Rear Setback Gross Square Footage Net Floor Square Footage Height Number of Stories Materials/Colors Lot Size Lot Coverage Parking: Number of Spaces Ratio (space/square footage) Percent of Compact Spaces Type Uses: Number of Public Notifications (Owners): Environmental Status * No Standard District Requirement Proposed 10' 10' 0 5' 0 25' 35' 34' 3 3 SEE ATTACHED MATERIAL BOARD 3,000 12,367 l 22 i per 300 office 1 per 200 retail 2O% 22 SAME None At-grade, tuck-under Retail Commercial/Office I! TNACT Z$73 ~C {C ) -® BLK. C PACIFIC NO. I(. MARCH 1980 TUS TI N TRACT 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. 2215 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF TUSTIN, APPROVING USE PERMIT 85-6 AT 450 WEST FIRST STREET The Planning Commission of the City of Tustin does hereby resolve as follows: The Planning Commission finds and determines as follows: That a proper application, (Use Permit No. 85-6) has been filed on behalf of Charlene and Harry Gates requesting authorization to construct a retail/office building of 5600 square feet at 450 West First Street That a public hearing was duly called, noticed and held on said appl i cati on. 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 roi. lowing findings: 1. The use is in conformance with the zoning ordinance and the Tustin Area General Plan. Development or construction of professional or general office buildings would be more compatible with the surrounding uses in the area than permitted retail commercial uses on the subject property. 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. Fo A Negative Declaration has been applied for to conform with the California Environmental Quality Act. Ge Final development plans shall require the review and approval of the Community Development Department. 1 3 4 6 ? $ 9 10 11 12 13 15 16 17 19 ~0 23 25 26 i? Resolution No. 2215 page two II. The Planning Commission hereby approves Conditional Use Permit No. 85-6 to authorize the construction of an office/retail building at 450 West First Street subject to the conditions attached hereto in Exhibit "A": 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 EXHIBIT "A" CONDITIONS OF APPROVAL USE PERMIT 85-6 o e A final grading plan should be prepared which delineates all proposed finished grades around the perimeter of the site as well as existing grades of properties immediately adjacent to and westerly, southerly, and easterly. All proposed public improvements requiring modification should be so noted on the final site and/or grading plan with reference to applicable city standards. These improvements will include but not be limited to the following: a. curb and gutter; b. sidewalk; c. drive apron; d. street trees {replacement/removal); e. removal of irrigation vault and plugging of pipe. The trash storage area at the south end of the property is accessed by a drive aisle with restricted height clearance. The developer should submit this plan to the city's contract refuse hauler, Waste Management, Inc. {SCA Services of Orange County), and request that they respond to the city' by letter regarding their service capability~ with respect to the limited vertical clearance. Payment of Orange County Sanitation District No. 7 sewer connection fees will be required at the time a building permit is issued. Fee is based upon a charge of $50.00/1,000 sq. ft. of floor area less any past previous payments. East Orange County Water District fees will be required at the time a building permit is issued. Contact Earl Rowenhorst of Tustin Water Service for fee amounts. The assessors parcel map book shows the parcel to be 79.0 feet wide and 14g.0 feet deep which differs from what is shown on the site plan. Developer should submit a legal description/deed of the property for clarification. Check that exterior stairways shall not project into yards where protection of openings is required, unless protected by rated walls and roofs (enclosed). The building shall comply in all respects with the building code, other related codes, city ordinances, and state/federal laws and regulations. Grading plans and soils report required by registered civil engineer. All roof top equipment shall be screened from view by a parapet wall or mansard roof. Community Development Department Exhibit "A" Resolution No. 2215 page two 12. 13. 14. A sign plan must be submitted prior to issuance of any sign permits for the project. A complete irrigation and planting plan is required, which should indicate the following: a. point of connection; b. back flow prevention device(s); c. location and types of valves; d. location and sizes of piping; e. sprinkler head types and locations; and f. location, size and type of all plant material. That medical uses additional on-site review. cannot be located in the building without providing parking as may be determined by Planning Commission the windows/doors on the 2nd floor of the southeasterly corner of the building shall be screened from a point 6'8" from the floor. Community Development Department Planning Commission DATE: FEBRUARY 25, 1985 SUBJECT: ZONING ORDINANCE AHENDHENT 85-2 (PROPOSED ARENDI~ENT TO ORDINANCE t 911/ LARGE F/~ILY DAY CARE HONES) BACKGROUND & DISCUSSION: On January 28, 1985 the Commission, upon the recommendation of staff, directed that a Public Hearing be advertised and conducted to consider amending City Ordinance #911 as it pertains to Large Family Day'Care Homes. Specifically the area of consideration revolves around whether or not a Large Family Day Care Home should be permitted on sites that also have swimming pools. Staff's analysis and recommendations are contained in the attached memorandum dated 1-28-85. To summarize it is recommended that Ordinance 911 be amended to permit Large Family Homes at locations with pools subject to the following conditions: 1. That the pool be enclosed by a 5 foot high "see-thru" fence with a self-closing/self-latching gate: and 2. That the pool must be equipped with a cover secured to the pool, that will support the weight of an adult. The cover shall be equipped with a feature that requires that a tool or key must be used in order to remove the cover. Finally, in response to a question raised by Commissioner Well, staff contacted County Social Service and inquired if there are any open or recreation area requirement mandated for licensing of Large Family Homes. According to Ms. Winnie Schuberg, there are no minimum square footage requirements for exterior areas. This should clarify any ambiguity that may have arisen at the January 28 meeting. RECO~4ENDATION: It is recommended that the Commission adopt Resolution No. 2214 recommending to the City Council, that Section 9223a6h be amended to read as follows: "The Planning Commission shall not grant a permit for a Large Family Day Care Home for any location that has on the property a swimming pool as defined by Section 102 of the Uniform Swimming Pool Code, as adopted, unless both of the following conditions exist: 1. That the pool be enclosed by a five (5) foot high, 'see-thru' fence with a self-closing/self-latching gate. Community Development Deparxmen~ Planning Commission Report Ordinance gll Page 2 2. That the pool must be equipped with a cover secured to the pool that will support the weight of an adult. The cover shall also be equipped with a feature that requires that a tool or key must be used to remove the cover." Should the Commission concur with staff recommendation, the matter will be refered to the City Council at the earliest possible date. ~Asststant Planner~ JD/pf attachments: Staff rep'ort dated 1-28-85 Ordinance 91-1 Resolution No. 2214 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. 2214 A RESOLUTION OF TNE PLANNING COMMISSION OF THE CITY OF TUSTIN, CALIFORNIA, RECOMMENDING AMENDMENT OF SECTION 9223a6h OF THE TUSTIN CITY CODE BY REQUIRING A SPECIAL PERMIT FOR LARGE FAMILY DAY CARE HOMES IN THE SINGLE-FAMILY RESIDENTIAL DISTRICTS TO PERMIT LARGE FAMILY HOMES ON SITES THAT ALSO HAVE SWIMMING POOLS. The Planning Commission of the City of Tustin does hereby resolve as follows: 1. The Planning Commission finds and determines as follows: Ae That to serve a growing need requiring properly licensed day care facilities within the community, the Commission did initiate an amendment to the City Code providing for the establishment of Large Family Day Care Homes. That the City Council of the City of Tustin did adopt the Commission's recommendations in the form of City Ordinance No 911. Ce De That a portion of Ordinance No 911 did preclude locations which have swimming pools on the property from being granted a permit to operate a Large Family Day Care Home. That the Commission hereby determines that with proper safety features installed, the intent of Ordinance 911 in terms of providing a safe and healthful facility will be met. II. A Negative Declaration was previously approved for this project in conformance with the requirements of the California Environmental Quality Act. The Planning Commission hereby recommends to the City Council of the City of Tustin, that Sections 9223a6h of the Tustin City Code be amended to read as follows: "The Planning Commission shall not grant a permit for a Large Family Day Care Home for any location that has on the property a swimming pool as defined by Section 102 of the Uniform Swimming Pool Code, as adopted, unless both of the following conditions exist: 1. That the pool be enclosed by a five {5) foot high, 'see-thru' fence with a self-closing/self-latching gate. 1 2 3 4 5 6 7 8 9 10 1I 12 13 14 15 16 17 18 19 2O 21 23 25 26 28 Resolution No. 2214 page two That the pool must be equipped with a cover secured to the pool that will support the weight of an adult. The cover shall also be equipped with a feature that requires that a tool or key must be used to remove the cover. PASSED AND ADOPTED at a regular meeting of the Tustin Planning Commission on the day of , 1985. RONALD H. WHITE, Chairman DONNA ORR, ReCording Secretary Report to the Planning Commission DATE: FEBRUARY 25, 1985 SUBJECT: CO)~ERCIAL OFF[CE PARI~ING STANDARDS ITEM # 7 BACKGROUND: The City Council at its meeting on December 18, 1984 directed staff to seek Planning Commission input and study present City parking requirements for commercial zones in the City. Specifically, MaYOr Kennedy wanted the Planning Commission to recommend changes as necessary to the required number of spaces for commercial office projects. Staff prepared a staff report for the January 28, 1985 Planning Commission, outlined the request of the Mayor and requesting input from the Commissioners. The Planning Commission agreed with the intent of study and requested staff to proceed. DISCUSSION: Currently, the City of Tustin Zoning Code has three separate parking standards for commercial offices, distributed over several different zones. The majority of the Citx, (PR, C-1, C-2, CG), has a standard of one space for each 300 square feet of gross floor area. This encompasses all floor area under an enclosed roof, and includes aisles, stairs, elevator shafts and restrooms. The second standard is the Irvine Industrial Complex, Tustin located in the Myford and Walnut area, and has a requirement of one space for each 250 square feet of gross floor area. The third standard is a part of the Planned Community Regulations for the Irvine Industrial Complex west of Redhill Avenue, between Warner and Valencia, and has a requirement of three parking spaces for each 1,000 square feet of gross floor area. In past years, the requirement of one space for each 300 gross square feet has been tntrepreted as any area within walls and under a roof. Exterior staircases and walkways were not counted, although if they contained within the structure, they were accounted for as gross square footage. Consequently, developers planned their office buildings with open interior atriums, outside stairs and aisleways to avoid having the area counted for as parking. Maybe not so coincidentally, this City is well known for open air atriums in its garden style office buildings. Even with this interpretation of what constitutes gross square footage and its subsequent application, the standard of 1/300 is usually adequate for most office uses, but not all. Any office use that is labor intensity, such as insurance agencies, personnel agencies, stockbrokers, title insurance, will usually exceed the city's requirement. For example,the Fireman's Fund building Community DeVelopment Department Planning Commission Report Parking Standards page two on Seventeenth Street supplied parking at 1/250 even though the requirement was 1/300, primarily because they knew our standard was not sufficient to supply enough parking. The trend in other cities in Orange County appears to be toward a 1/250 standard. A parking study done by International Parking Design, Inc. surveyed fourteen cities in Orange County, with eleven of these cities having at least a 1/250 standard. An analysis prepared by the firms indicated that a low density urban office building should, based upon use, provide parking between 3/1000 to 5/1000 gross square footage. The report went on to say that although the 3/1000 standard would not be sufficient for some users, such as insurance firms, the uniform application of a 5/1000 standard would severly penalize the low to moderate floor density user, such as a corporate headquarters. It appears from the research that most of the surveyed cities in Orange County felt a 1/250 standard was a suitable median point. One of the negative aspects of this proposed change is the magnitude of non-conforming uses it will create. With the exception of medical offices, nearly all of the professional offices tn the city were developed at the 1/300 standard. All of these offices will be frozen at their current square footage, and will not be able to expand without providing parking at the 1/250 standard for the entire building. This tmpact will not be a major concern since most offices originally developed at the maxlmum the site would allow, and the City receives few requests to expand square footage. The primary Impact will be from structures that are destroyed and those few offices that are able to expand their square footage. Staff would recommend that any change to the parking requirements be applied to all zones in the city that permit professional offices. RECONNENDED ACTION: Staff recommends that the Planning Commission request the City Council to advertise for a zone amendment to the parking standards for professional offices. Senior Planner EK:do Community Development Department Report to the Planning Commission ITEM February 25, 1985 SUBJECT: REPORT ON COUNCIL ACTIONS - February 19, 1985 Oral presentation to be given by Donald D. Lamm, Director of Community Development do Attachments: City Council Action Agenda - February 19, 1985 , Community Development Depariment ACTION AGENDA OF A REGULAR MEETING OF THE llJSTIN CITY COUNCIL February 19, 1985 7:00 P.M. 7:00 I. CALL TO ORDER/PLEDGE OF ALLEGIANCE/INVOCATION ALL PRESENT II. ROLL CALL EXCEPT GREINKE WHO ARRIVED AT 7:30 P.M. III. PUBLIC HEARINGS APPROVED POLE SIGN WITH 1. THREE CONDITIONS CONTAINED IN PLANNING COMMISSION REPORT CLOSED PUBLIC HEARING 2. AND UP 80-21 TO REMAIN VALID APPEAL OF PLANNING COMMISSION ACTION ON USE PERMIT 85-1 (POLE SIGN AT 14460 NEWPORT AVENUE) Pleasure of the City Council CONTINUED CONSIDERATION OF REVOKING USE PERMIT 80-21 - WINDSOR GARDENS APARTMENTS, 1651 MITCHELL AVENUE BUT RECORD DOCU~NT AGAINST THE Receive final testimony and close the continued public PROPERTY 1}LRT WOULD NOTIFY A hearing. TITLE COMPANY AND FUTURE BUYERS THAT THE SALE OF INDIVIDUAL UNITS WOULD BE IN VIOLATION OF THE TUSTIN MUNICIPAL CODE NONE IV. PUBLIC INPUT V. CONSENT CALENDAR APPROVED 1. APPROVAL OF MINUTES - February 4, 1985 APPROVED 2. APPROVAL OF DEMANDS in the amount of $670,146.03 RATIFICATION OF PAYROLL in the amount of $129,350.65 APPROVED STAFF 3. RECOMMENDATION COLUMBUS TUSTIN PARK REVENUE SHARING AGREEMENT EXTENSION Approve the amendment and authorize the Mayor and City Clerk to execute the agreement extending the revenue sharing fund- ing for Columbus Tustin Park for a period of five (5) years as recommended by the Recreation Superintendent. ADOPTED RESOLUTION 4. NO. 85-17 RESOLUTION NO. 85-17 - A Resolution of the City Council of the City of Tustin, California, AUTHORIZING AND DIRECTING THE CITY MANAGER TO EXECUTE AND SIGN AN AGREEMENT BETWEEN THE CITY OF TUSTIN AND THE STATE OF CALIFORNIA, CALIFORNIA STATE PERSONNEL BOARD, COOPERATIVE PERSONNEL SERVICES Adoption of Resolution No. 85-17 as recommended by the Direc- tor of Community and Administrative Services. APPROVED STAFF 5. RECOMMENDATION APPOINTMENTS TO TUSTIN WATER BOARD Appoint John Butler, Leslie Pontious, and Walter Kowalik to fill vacancies on the Water Board as recommended by the Water Board. ADOPTED RESOLUTION 6. NO. 85-18 CITY COUNCIL ACTION AGENDA RESOLUTION NO. 85-18 - A Resolution of the City Council of the City of Tustin ACCEPTING WORKS OF IMPROVEMENT AND AUTHORIZING RECORDATION OF NOTICE OF COMPLETION (MOULTON PARKWAY/I.C.D./ MYFORD ROAD FAU PROJECT Adoption of Resolution No. 85-18 and authorize payment of the final 5% retention amount of $313,686.31 if no liens or stop payment notices have been filed within 30 days as recommended' by the Engineering Department. PAGE I 2-19-85 ~DOPTED RESOLUTION NO. 85-19 ADOPTED RESOLUTION NO. 85-20 IX. APPROVED STAFF RECOt~IENDATION RESOLUTION NO. 85-19 - A Resolution of the City Council of the City of Tustin, California, APPROVING LOT LINE ADJUSTMEHT NO. 85-2 (HOLT/WARREN) Adoption of Resolution No. 85-19 as recommended by the Direc- tor of Public Works/City Engineer. RESOLUTION NO. 85-20 - A Resolution of the City Council of the City of Tustin TO PROVIDE RENTAL AND LAUNDRY SERVICE OF UNIFORMS FOR PUBLIC WORKS FIELD EMPLOYEES Adoption of Resolution No. 85-20 as recommended by the Engi- neering Department. VI. ORDINANCES FOR INTRODUCTION - None VII. ORDINANCES FOR ADOPTION - None VIII. OLD BUSINESS - None NEW BUSINESS 1. PURCHASE OF AN EMULSION SPRAYER Authorize the purchase of an emulsion sprayer for the Water Division from J and M Construction Equipment Company, Inc. of Garden Grove for $4,988.83 as recommended by the Engineering Department. APPROVED STAFF 2. RECOM~NDATION X. REPORTS RECEIVED AND FILED 1. RECEIVED AND FILED PURCHASE OF A CLASS 7 TRUCK WITH DUMP BED Authorize the purchase of a class 7 truck with a dump bed from Rafferty International of Anaheim for $38,936.39 as recommended by the Engineering Department. PLANNING COMMISSION ACTIONS- February 11, 1985 All actions of the Planning Commission are appealed by the City Council. final unless e MOULTON PARKWAY/IRVINE CENTER DRIVE FAU PROJECT M-M032(O04) CON- TRACT CHANGE ORDER COST OVERRUNS - INFORMATIONAL REPORT Receive and file. RECEIVED AND FILED 3. RECEIVED AND FILED GREINKE ARRIVED AT 7:30 P.M. INVESTMENT SCHEDULE AS OF JANUARY 31, 1985 Receive and file. WATER SYSTEM CASH FLOW ANALYSIS Receive and file. GREINKE XI. OTHER BUSINESS REPORTED TI~T AN EI)ISON BOX ON THE NORTH SIDE OF 1}lE LIBRARY IS READY TO BREAK. GREINKE REPORTED TI~T HE HAD ll~O TREES BURNED BY THE CONTRACTORS WHO ARE WORKING ON THE STREET MAINTENANCE AND THAT THEY SHOULD BE INSTRUCTED TO BE CAREFUL ABOUT PRIVATE PROPERTY. 7:32 XII. ADJOURNMENT - To the next regular meeting on March 4, 1985 at 7:00 p.m. CITY COUNCIL ACTION AGENDA PAGE 2 2-19-85 ACTION AGENDA OF A REGULAR ~ETING OF THE TUSTIN REDEVELOPMENT AGENCY February 19, 1985 7:00 P.M. 7:32 1. CALL TO ORDER ALL 2. PRESENT APPROVED 3. ROLL CALL APPROVAL OF MINUTES of February 4, 1985 APPROVED 4. DEMANDS in the amount of $75,830.92 APPROVED 5. STAFF RECOMMENDATION AWARD OF CONTRACT FOR PREPARATION OF ENVIRONMENTAL IMPACT REPORT FOR SOUTH CENTRAL REDEVELOPMENT AREA AMENDMENT Appropriate funds in the amount of $21,165.00 and authorize the Chairman to execute the necessary contracts between the Agency and Phillips, Brandt, Reddick as recommended by the Director of Community Development. HUSTON 6. OTHER BUSINESS REQUESTED THAT THE ~IEETING BE ADJOURNED TO THURSDAY, FEBRUARY 21, 1985, AT 4:00 P.M. IN THE CITY I~ALL CONFERENCE ROOM TO DISCUSS MATTERS RELATING TO THE NEWFORTH SHOPPING CENTER. 7:40 7. ADJOURNMENT - To an adjourned meeting on Thursday, February 21, 1985, at 4:00 p.m. in the City Hall Conference Room and thence to the next regular meeting on March 4, 1985, at 7:00 p.m. REDEVELOPMENT AGENCY ACTION AGENDA Page I 2-19-85 Planning Commission DATE: FEBRUARY 25, 1985 SUB,]ECT: ZONING ORDINANCE AMENDMENT 85-2 (PROPOSEO AMENDMENT TO ORO[NANCE ~ 911/ LARGE FA/4[LY OAY CARE HOMES) BACKGROUND & DISCUSSION: On January 28, 1985 the Commission, upon the recommendation of staff, directed that a Public Hearing be advertised and conducted to consider amending City Ordinance #911 as it pertains to Large Family Day'Care Homes. Specifically the area of consideration revolves around whether or not a Large Family Day Care Home should be permitted on sites that also have swimming pools. Staff's analysis and recommendations are contained in the attached memorandum dated 1-28-85. To summarize it is recommended that Ordinance g11 be amended to permit Large Family Homes at locations with pools subject to the following conditions: That the pool be enclosed by a 5 foot high "see-thru" fence with a self-closing/self-latching gate: and That the pool must be equipped with a cover secured to the pool, that will support the weight of an adult. The cover shall be equipped with a feature that requires that a tool or key must be used in order to remove the cover. Finally, in response to a question raised by Commissioner Well, staff contacted County Social Service and inquired if there are any open or recreation area requirement mandated for licensing of Large Family Homes. According to Ms. Winnie Schuberg, there are no minimum square footage requirements for exterior areas. This should clarify any ambiguity that may have arisen at the January 28 meeting. RECOI~ENDATION: It is recommended that the Commission adopt Resolution No. 2214 recommending to the City Council, that Section 9223a6h be amended to read as follows: "The Planning Commission shall not grant a permit for a Large Family Day Care Home for any location that has on the property a swimming pool as defined by Section 102 of the Uniform Swimming Pool Code, as adopted, unless both of the following conditions exist: 1. That the pool be enclosed by a five {5) foot high, 'see-thru' fence with a self-closing/self-latching gate. Community Development Department Planning Commission Report Ordinance 911 Page 2 2. That the pool must be equipped with a cover secured to the pool that will support the weight of an adult. The cover shall also be equipped with a feature that requires that a tool or key must be used to remove the cover. Should the Commission concur with staff recommendation, the matter will be refered to the City Council at the earliest possible date. ~/[ssi stant Planner(~ JD/pf attachments: Staff report dated 1-28-85 Ordinance 91.1 Resolution No. 2214 ~ Community Development Department J 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 RESOLUTION NO. 2214 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF TUSTIN, CALIFORNIA, RECOMMENDING AMENDMENT OF SECTION 9223a6h OF THE TUSTIN CITY CODE BY REQUIRING A SPECIAL PERMIT FOR LARGE FAMILY DAY CARE HOMES IN THE SINGLE-FAMILY RESIDENTIAL DISTRICTS TO PERMIT LARGE FAMILY HOMES ON SITES THAT ALSO HAVE SWIMMING POOLS. The Planning Commission of the City of Tustin does hereby resolve as follows: 1. The Planning Commission finds and determines as follows: Ae That to serve a growing need requiring properly licensed day care facilities within the community, the Commission did initiate an amendment to the City Code providing for the establishment of Large Family Day Care Homes. That the City Council of the City of Tustin did adopt the Commission's recommendations in the form of City Ordinance No 911. That a portion of Ordinance No 911 did preclude locations which have swimming pools on the property from being granted a permit to operate a Large Family Day Care Home. That the Commission hereby determines that with proper safety features installed, the intent of Ordinance 911 in terms of providing a safe and healthful facility will be met. A Negative Declaration was previously approved for this project in conformance with the requirements of the California Environmental Quality Act. II. The Planning Commission hereby recommends to the City Council of the City of Tustin, that Sections 9223a6h of the Tustin City Code be amended to read as follows: "The Planning Commission shall not grant a permit for a Large Family Day Care Home for any location that has on the property a swimming pool as defined by Section 102 of the Uniform Swimming Pool Code, as adopted, unless both of the following conditions exist: That the pool be enclosed by a five {S) foot high, 'see-thru' fence with a self-closing/self-latching gate. 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. 2214 page two That the pool must be equipped with a cover secured to the pool that will support the weight of an adult. The cover shall also be equipped with a feature that requires that a tool or key must be used to remove the cover. PASSED AND ADOPTED at a regular meeting of the Tustin Planning Commission on the day of , 1985. RONALD H. WHITE, Chairman DONNA ORR, Recording Secretary DATE: FEBRUARY 25, 1985 SUBdECT: USE PERMIT 85-6 APPLICANT/ OWNER: CHARLENE AND HARRY GATES LOCATION: 450 WEST FIRST STREET ZONING: COI~RCIAL GENERAL PLANNED UNIT DEVELOPMENT {CG-PUD) ENVIRONMENTAL STATUS: A NEGATIVE DECLARATION HAS BEEN APPLIED FOR TO CONFORM WITH THE CALIFORNIA EN¥IRONNENTAL QUALITY ACT. REQUEST: AUTHORIZATION TO DEVELOP A RETAIL AND OFFICE BUILDING OF 5600 SQUARE FEET BACKGROUND: The subject property of 12,367 square feet presently has a single family house which was divided into two units and four small units located behind the house along the southerly property line. Because there are no records on file, it must be assumed that these units were built before the city had a building or planning department. DEVELOPMENT PROPOSAL: The owner is now requesting authorization to construct a 5600 square foot building which would, consist of the following building areas: Retail: 1st Floor 2nd Floor 1170 Square feet 830 square feet Total 2000 square feet (10 parking spaces required) Office: 1st Floor 2nd Floor 3rd Floor Stair/Restroom Total None 2760 square feet 630 square feet 210 square feet 3600 square feet (12 parking spaces required) Retail: 36% Office: 64% ~ Community Development Deparlment ~' Planning Commission Report Use Permit 85-6 page two The Commercial General District Code states the following requirements for office uses: Use Criteria - Office Development 1. Office developments within the Commercial General District (CG) shall conform to retail commercial use parking standards for the first floor area unless otherwise specifically exempted pursuant to the approved conditional use permit. Findings, including but not limited to the following, shall be made by the Planning Commission prior to approving a conditional use permit for construction of a building where greater than fifty (50) percent of the total floor area, or any portion of the ground floor area is designated for occupancy for office uses. (a) Development or construction of professional or general office buildings would be more compatible with the surrounding uses in the area than permitted-retail commercial uses on the subject property. Development or construction of buildings restricted to a mixture of uses in which the retail commercial floor area exceeds fifty (50) percent of the total building floor area are exempt from office development use criteria (Ord. No. 654; Ord. No. 896, Sec. 13, 11-21-83) The proposed project falls under No. 2 when greater than 50% of the total floor area is designated for office use, a finding must be made that the office building would be more compatible with the surrounding uses in the area than 100% retail uses on the property. This finding will be placed in the resolution. The surrounding uses are retail commercial buildings, office buildings and some mixed retail/office buildings. At present, the City is considering amending the parking requirements for office buildings. If the proposed recommendation is accepted then the code would revised from one space per 300 square feet to one space per 250 square feet. This proposed project was first submitted for design review before the change in code was anticipated and the developer prepared the architectural drawings with our current standard. However, if this standard were revised and this building were considered as 100% office, the parking would still comply with the proposed change in parking requirements. Community Development Department Planning Commission Report Use Permit 85-6 page three The building elevations submitted indicate stucco with wood trim and tile roof. Some of the at-grade parking is tucked under the second floor which gives the building the appearance of being built on stilts. If the Commission desired a fire wall could be placed on the front elevation {north) to hide the post, which will provide the dual purpose of giving the structure a more substantial appearance, while screening vehicles from view. RECO~ENDATION: Approve Use Permit 85-6 by the adoption of Resolution No. 2215. M~RY ~ CHAMBERLAIN, Associate Planner MAC:do attach: Resolution No. 2215 Exhibit "A" (Conditions of Approval) Site Plan Elevations Location Map Community Development Department DEVELOPMENT REVIEW SUMMARY Project: USE PERMIT 85-6 Location/District: Action: 450 West First Street, Commercial General (PUD) District Requesting approval to construct retail-office building Building: Front Setback Side Setback Rear Setback Gross Square Footage Net Floor Square Footage Height Number of Stories Materials/Colors Lot Size Lot Coverage Parking: Number of Spaces Ratio (space/square footage) Percent of Compact Spaces Type Uses: Number of Public Notifications (Owners): Environmental Status * No Standard District Requirement Proposed 10' 10' 0 5' 0 25' 35' 34' 3 3 SEE ATTACHED MATERIAL BOARD 3,000 12,367 10o 22 22 q per 300 officu 1 per 200 retail SAME 20% None At-grade, tuck-under Retail Commercial/Office I! TRA C T ' 4 , 2.$73 AC (¢) PACIFIC YO ' ~® ® 1980 TUS TIN TRACT 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. 2215 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF TUSTIN, APPROVING USE PERMIT 85-6 AT 450 WEST FIRST STREET The Planning Commission of the City of Tustin does hereby resolve as follows: The Planning Commission finds and determines a~ follows: That a proper application, (Use Permit No. 85-6) has been filed on behalf of Charlene and Harry Gates requesting authorization to construct a retail/office building of 5600 square feet at 450 West First Street That a public hearing was duly 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 roi. lowing findings: 1. The use is in conformance with the zoning ordinance and the Tustin Area General Plan. Development or construction of professional or general office buildings would be more compatible with the surrounding uses in the area than permitted retail commercial uses on the subject property. 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. Eo 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. A Negative Declaration has been applied for to conform with the California Environmental Quality Act. 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 2O 21 22 23 24 25 26 27 28 Resolution No. 2215 page two II. The Planning Commission hereby approves Conditional Use Permit No. 85-6 to authorize the construction of an office/retail building at 450 West First Street subject to the conditions attached hereto in Exhibit "A": 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 EXHIBIT "A" CONDITIONS OF APPROVAL USE PERMIT 85-6 A final grading plan should be prepared which delineates all proposed finished grades around the perimeter of the site as well as existing grades of properties immediately adjacent to and westerly, southerly, and easterly. All proposed public improvements requiring modification should be so noted on the final site and/or grading plan with reference to applicable city standards. These improvements will include but not be limited to the following: a. curb and gutter; b. sidewalk; c. drive apron; d. street trees (replacement/removal); e. removal of irrigation vault and plugging of pipe. The trash storage area at the south end of the property is accessed by a drive aisle with restricted height clearance. The developer should submit this plan to the city's contract refuse hauler, Waste Management, Inc. (SCA Services of Orange County), and request that they respond to the city by letter regarding their service capability, with respect to the limited vertical clearance. Payment of Orange County Sanitation District No. 7 sewer connection fees will be required at the time a building permit is issued. Fee is based upon a charge of $50.00/1,000 sq. ft. of floor area less any past previous payments. East Orange County Water District fees will be required at the time a building permit is issued. Contact Earl Rowenhorst of Tustin Water Service for fee amounts. The assessors parcel map book shows the parcel to be 79.0 feet wide and 149.0 feet deep which differs from what is shown on the site plan. Developer should submit a legal description/deed of the property for clarification. Check that exterior stairways shall not project into yards where protection of openings is required, unless protected by rated walls and roofs (enclosed). The building shall comply in all respects with the building code, other related codes, city ordinances, and state/federal laws and regulations. Grading plans and soils report required by registered civil engineer. All roof top equipment shall be screened from view by a parapet wall or mansard roof. Community Development Department Exhibit "A" Resolution No. 2215 page ~wo 11. 12. 13. 14. A sign plan must be submitted prior to issuance of any sign permits for the project. A complete irrigation and planting plan is required, which should indicate the following: a. point of connection; b. back flow prevention device(s); c. location and types of valves; d. location and sizes of piping; e. sprinkler head types and locations; and f. location, size and type of all plant material. That medical uses cannot be located additional on-site parking as may be review. in the building without providing determined by Planning Commission the windows/doors on the 2nd floor of the southeasterly corner of the building shall be screened from a point 6'8" from the floor. ~'~ Community Development Deparlment J Report to the Planning Commission DATE: SUBJECT: APPLICANT: LOCATION: · FEBRUARY 25, 1985 FINAL PARCEL MAP 84-1030 CORNICHE DEYELOPFIENT CORP. 1372 IRVINE BOULEVARD LATE ADDITION BACKGROUND AND DISCUSSION: The subject map of 2.174 acres has been submitted to create two parcels from one existing parcel. The First Christian Church occupies both parcels and after the subdivision will occupy parcel two only. Parcel one is for the proposed office building for Corniche Development Corporation. On October 15, 1984, the City Council approved General Plan Amendment 84-4A which changed the land use on Parcel one from Public and Institutional to Professional Office. On November 13, 1985, the Planning Commission approved Use Permit 84-26 which authorized the development of a 13,000 square foot office building for Parcel one. All the conditions of the tentative map have been met and the final map is in substantial compliance with the tentative map. RECOF~IENDATION: Recommend approval to the City Council of Final Parcel Map 84-1030 by the adoption of Resolution No. 2217. MAC:do enos. Final Map Resolution 2217 Tentative Map Resolution 2193 Community Development Deparlment ~x 4:o-"/ MAP NO. 84-lu:50 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. 2217 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF TUSTIN, RECOMMENDING APPROVAL OF FINAL PARCEl MAP 84-1030 LOCATED AT 1372 IRVINE BOULEVARD The Planning Commission of the City of Tustin does hereby resolve as follows: II. The Planning Commission finds and determines as follows: Ae That Final Parcel Map No. 84-1030 was submitted to the Planning Commission pursuant to Ordfnance No. 847 by Corniche Development for the purpose of splitting a lot for the property known as Parcel 2 of maps filed in Book 51, page 18 of Orange County. That said map is in conformance with the Tustin Area General Plan. A Negative Declaration has been approved for this project to comply with the California Environmental Quality Act. Do That the final map is in substantial compliance with the tentative map. The Planning Commission hereby recommends to the City Council approval of Final Parcel Map No. 84-1030 subject to final approval of the City Engineer. 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 1 2 3 4 5 6 7 8 9 11 12 lg 14 15 17 18 19 20 21 22 23 24 25 2~ 27 28 RESOLUTION NO. 2193 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF TUSTIN, RECOMMENDING APPROVAL OF TENTATIVE PARCEL MAP 84-1030 LOCATED AT 1372 IRVINE BOULEVARD The Planning Commission of the City of Tustin does hereby resolve as follows: The Planning Commission finds and determines as follows: That Tentative Parcel Map No. 84-1030 was submitted to the Planning Commission pursuant to Ordinance No. 847 by Corniche Development for the purpose of splitting a l~t for the property known as Parcel 2 of maps filed in Book 51, page 18 of Orange County. Be That said map is in conformance with the Tustin Area General Plan. II. Cm A Negative Declaration has been approved for this project to comply with the California Environmental Quality Act. The Planning Commission hereby recommends to the City Council approval of Tentative Parcel Map No. 84-1030 subject to the following conditions: Construction and/or replacement of all missing or damaged public improvements will be required and shall include, but not be limited to, the following: Bm 1. Driveways 2. Domestic water services 3. Fire services 4. Sidewalks 5. Sanitary sewer laterals Payment of Orange County Sanitation District No. 7 sewer connection fees will be required at the time a building permit is issued. C. Reciprocal parking, access and utility easements shall be required and may be shown on the parcel map. PASSED AND ADOPTED at a reg?ary~eting of~/che Tustin Platoon. ing Commission, held on the y~ day of ~~~ y , 19~. ~ONALD H. WHITE, ~~ Chairman Recording Secretary