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HomeMy WebLinkAboutRPT 1 P.C. ACT AGENDA 09-03-85AGEN DA ACTION AGENDA TUSTIN PLANNING COI~ISSION REGULAR ~EETI NG AUGUST 26, 1985 REPORTS NO. 1 9-3-85 *AAAA CALL TO ORDER: 7:30 p.m. ROLL CALL: Present: Wetl, McCarthy, Baker, Puckett, White PLEDGE OF ALLEGIANCE/INVOCATION PRESENTATIONS: PUBLIC CONCERNS: None. CONSENT CALENDAR: 1. Minutes from Planning Commission meeting August 12, 1985. White moved, Puckett second to approve the Consent Calendar. Motion carHed 5-0. PUBLIC HEARINGS 2. USE PERMIT 85-21 Applicant: Charles Erickson on behalf of Charlte's Off Road Location: 15722 Tustin Village Way, Suite A Request: To install accessory equipment to certain types of motor vehicles. Presentation: Jeff Davis, Associate Planner Chair Well ope~d the public hearing at 7:33 p.m. Charles Ericson, owner, explained the operation of his business. Commdsston discussion ensued with questions and answers of applicant and staff. Puckett moved, White second to approve Use Permit 8S-21 by the adoptlon of Resolution No. 2264. Wet1 amended item II. B. 4 of the resolution, 'That overnight parking of off-road vehtcles outside the butldtng is prohibited.' Motion carried 5-0. Action Agenda August 26, 1985 page 1~o Applicant: Locati on: Request: TENTATIVE PARCEL MAP 85-287 Eldon Primrose Newport Avenue and Bonita Street To consolidate four parcels into one parcel for the purpose of developing a retail commercial center. Presentation: Don Lamm, Director of Community Development Chair Wetl opened the bearing at 7:45 p.m. Seeing no one wishing to speak she closed the hearing at 7:46 p.m. Puckett moved, McCarthy second to recommend approval to the City Council of Tentative Parcel Map #o. 85-287 by the adoption of Resolution No. 2263. Motion carried 5-0. Applicant: Location: Request: Presentati on: USE PERMIT 85-19 Milton Polsky and Michael Htrsch on behalf of Robert Elzig 17311 McFadden Avenue To develop a 3,900 square foot retail commercial center. Donald D. Lamm, Director of Community Development Mr. Lam explained that this matter should be re-advertised for the September 9th meettng because there ts a variance tn the front set back area because of future street dedication requirement. Puckett moved, McCarthy second to direct staff to readvertlse for the September 9th meeting. Motion carrled 5-0. ADMINISTRATIVE I(AlqlCRS Old Business None New Business 5. School A~reement, East Tusttn Phase I residential Presentation: Don Lamm, Director of Community Development Whttemoved, Puckett second to affirm by Minute Order that the proposed agreement r=-cts the intent of Condition No. 26 of Reso)utton No. 85-68. Motion carried 5-0. STAFF CONCERNS 6. Report on Council actions August 19, 1985 Presentation: Donald D. Lamm, Director of Community Development Action Agenda August 26, 1985 page three COI~IISSION CONCERNS Coa,tsstoner White questioned the First Street ,oratortum waiver and when the Coealsston ~ould revle~ the Santa Fe Land Speclftc Plan. He further expressed concern wtth the £1Modena Channel and requested staff to Investigate the status and safety. Comatsston discussion ensued concerning the Santa Fe Land Spectftc Plan and they dectded to schedule a workshop on September 9, 1985 at 6:30 p.e. ADdOURIOqEEI' Puckett ~oved, Baker second to adjourn to 6:30 p.m. Septeaber 9, 1985 for a workshop conceretng the Santa Fe Land Spectftc Plan and then convene the regularly scheduled Planntng Co.misston ,eettng at 7:30 p.e. Septeeber 91~. AGENDA TUSTIN PLANNING COMHISSION REGULAR P[ETING AUGUST 26, 1985 CALL TO ORDER: 7:30 p.m. ROLL CALL: Net1, McCarthy, Baker, Puckett, White PLEDGE OF ALLEG[ANCE/I#VOCATION 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 CAROS LOCATED ON THE SPEAKER'S TABLE. ALSO, PLEASE GIVE YOUR FULL NAME AND ADDRESS FOR THE RECORD. CONSENT CALENDAR: (ALL MA1TERS LISTED UNDER CONSE~F~ 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 August 12, 1985. PUBLIC HEARINGS 2. USE PERMIT 85-21 Applicant: Location: Request: Charles Erickson on behalf of Charlie's Off Road 15722 Tustin Village Way, Suite A To install accessory equipment to certain types of motor vehicles. Presentation: Jeff Davis, Associate Planner Agenda August 26, [985 page two 3. TENTATZVE PARCEL MAP 85-287 Applicant: Eldon Primrose Location: Newport Avenue and Bonita Street Request: To consolidate four parcels into one parcel for the purpose of developing a retail commercial center. Presentation: Mary Ann Chamberlain, Associate Planner 4. USE PERMIT 85-19 Applicant: Milton Polsky and Michael Hirsch on behalf of Robert Elzig Location: 17311 McFadden Avenue Request: To develop a 3,900 square foot retail commercial center. Presentation: Mary Ann Chamberlain, Associate Planner ADMINISTRATIVE NATT£R$ Old Business None New Business 5. School A~reement, East Tusttn Phase I residential Presentation: Ed Knight, Senior Planner STAFF CO#CER#S 6. Report on Council actions August 19, 1985 Presentation: Donald D. Lamm, Director of Community Development CO~4ISSIO# CONCERNS AD&OURNMENT Adjourn to the next regularlY scheduled Planning Commission meeting. TUSTI# PLANNING REGULAR REETI IlG AUGUST 12, 1985 CALL TO ORDER: 6:30 p.m., City Council Chambers Workshop: City wide traffic study and Eastern Transportation Corridor Present: Planning Commission, staff, Terry Austin from Austin Foust, and Karen Bue11-Hersh from O.C. The workshop began with a presentation on the citywide traffic study by Terry Austin, traffic consultant. Discussion ensued between the Commissioners and Austin regarding various aspects of the study. After this discussion, Karen 8uell-Hersh from the County Envtronmentel Management Agency gave a background and status report regarding the Eastern Transportation Corridor study. Commissioners questioned Ms. Buell-Hersh regarding phasing and completion of the study and discussion of the recently started Bottleneck study. Staff completed the workshop with comments regarding the Bottleneck Study. The workshop was adjourned at 7:33 p.m. and the regular Planning Commission meeting was convened at 7:35 p.m. ROLL CALL: Present: Well, Puckett, Baker, McCarthy, White PLEDGE OF /d.L£GIANCE/I#¥OCATIO# 7:35 p.m. PRESENTATIONS: PUBLZC CONCERNS: CONSEMT CALENDAR: 1. Minutes from Planning Commission'meeting July 22, 1985 McCarthy moved, Puckett second to approve the Consent Calendar. ~UBLIC HEARINGS 2. TENTATIVE PARCEL MAP 85-270 Applicant: City of Tustin Location: 300 S. "C" Street Request: Presentation: Motion carried 5-0. To subdivide a parcel of land to create an approximate 53,550 square foot parcel for a Senior Center. Mary Ann Chamberlain, Associate Planner Chairman Well opened the public hearing at 7:37 p.m. Seeing no one wishing to speak she closed the hearing at 7:38 p.m. Puckett moved, Baker second to recommend approval of Tentative Parcel Map 85-270 by the adoption of Resolution 2262. Motion carried 5-0. Planning Commission August 12, 1985 page two Appl t cant: Locati on: TENTATIVE PARCEL MAP 85-246 Request: Presentation: Chairman Well opened applicant, requested acceleration lane on feet. Seeing no one p.m. Carver Development Parcels bounded by Main Street, Newport Avenue and E1Camlno Real. To consolidate 8 parcels into 3 parcels. Mary Ann Chamberlain, Associate Planner the public hearing at 7:41 p.m. Start Cole, representing the relief from condition of approval item II. 1. d. regarding an Main and Newport and a change in the curb radius to 35 to 45 further wishing to speak, Chair Well closed the hearing at 7:47 Commission discussion ensued with questions and answers of applicant and staff. McCarthy moved, Puckett second to recommend to the City Council approval of Tentative Parcel Map 85-246 by the adoption of Resolution 2261 with the suggestion that the City Council review item II 1. d.; deleted item II g. a - d. Motion carried 4-1, Well opposed. ~J)MI#ISll~ATIVE RAI-II~RS Old Business ,. None New Business 4. Planning Commission Seminar and Training Presentation: Ed Knight, Senior Planner Commission discussion regarding other courses available. They decided to collect information on other courses before making a decision. STAFF CON~R#S 5. Report on Council actions August 5, 1985 Presentation: Donald D. Lamm, Director of Community Development COI~ISSION CONCERNS Chair Wetl commended Laura Pickup for her work on a home buyer's preference survey. Commissioner White questioned what tree removals are on the City Council agenda. AJ)JOUR#MEIIT White moved, Baker second to adjourn at 8:07 p.m..to their next regularly scheduled meeting. Motion carried 5-0. KATHY WEIL, CHAIRMAN ~ONNA ORR_ RECORDING SECRETARY ...................... : .......... : ,. -:. ' . Report to the Planning Commission DATE: SUBJECT: APPLICANT: LOCATION: ZONING: ENVlRONHENTAL STATUS: REQUEST: ITEM NO. 2 AUGUST 26, 1985 USE PEPJqIT 85-21 CHARLES ERICKSON ON BEHALF OF CHARLEYS OFF-ROAD CENTER 15722 TUSTIN VILLAGE WAY (FREEWAY COI~qERCE CENTER), SUITE A C-1, RETAIL COMHERCIAL CATEGORICALLY EXEHPT (CLASS 1) AUTHORIZATION TO INSTALL ACCESSORY EQUIPMENT ON OFF-ROAD VEHICLES, NOT INCLUDING MECHANICAL REPAIR. RECOI~ENDED ACTION: It is recommended that Use Permit 85-21 be approved by the adoption of Resolution 2264. SUI(MARY: The subject application is a request for authorization to install accessory equipment onto various types of off-road vehicles. Pursuant to the C-1 District regulations, and upon approval of a conditional use permit, the installation of minor replacement parts and/or accessories may be authorized. DISCUSSION: Presently at the subject location, Charleys Off-Road Center {a retail outlet for off-road accessories) is in operation. To augment the retail business, the applicant is requesting authorization to install, at the same location, products sold at the center. In reviewing the application and analyzing the site, staff has concluded that the requested use, with appropriate conditions of approval, is compatible with other uses in the center. Those conditions of approval are as follows: 1. That the installation of accessories on off-road vehicles such as lights, tires and other minor accessories only be authorized. 2. 'That mechanical repair and replacement of engine parts is not permitted. ~ Corn munity Development Depariment Planning Commission Report Use Permit 85-21 page two With these five conditions imposed, staff 85-21 by the adoption of Resolution No. 2264. 3. That service, storage of parts, or work of any kind is not authorized outside of the building. 4. That parking of off-road vehicles outside of the building is prohibited. 5. That the installation of additional doors and/or interior modifications be constructed in accordance with the floor plans submitted with the subject application. recommends approval of Use Permit ~)E~atA~fIeS P1 anner JD:em Community Development Department 1 2 4 5 6 7 8 9 10 11 12 '13 14 15 16 17 18 19 2O 21 22 23 114 25 26 27 28 RESOLUTION NO. 2264 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF TUSTIN, APPROVING USE PERMIT 85-21 GRANTING AUTHORIZATION FOR THE INSTALLATION OF ACCESSORY EQUIPMENT UPON OFF-ROAD VEHICLES AT CHARLEYS OFF-ROAD CENTER AT 15722 TUSTIN VILLAGE WAY. The Planning Commission of the City of Tustin does hereby resolve as follows: I. The Planning Commission finds and determines as follows: Ae That a proper application, (Use Permit No. 85-21) has been filed on behalf of Charleys OffrRoad Center, to authorize the installation of accessory equipment on off-road vehicles. Ce 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 following findings: That installation of accessory equipment and minor replacement parts upon off-road vehicles is allowed in the C-1 District subject to a use permit. 2. That the project site is zoned C-1. That the project is in conformance with the Tustin Area General Plan. 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 geheral welfare of the City of Tustin, and should be granted. E. 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. The project is categorically exempt (Class 1) from the requirements of the California Environmental Quality Act. 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 '13 14 15 16 17 18 19 20 21 22 23 24 25 26 28 Resolution No. 2264 page two II. The Planning Commission hereby approves Conditional Use Permit No. 85-21 to authorize the installation of accessory equipment upon off-road vehicles at 15722 Tustin Village Way 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. 1. That the installation of accessory equipment on off-road vehicles such as lights, tires and other minor accessories is authorized. 2. That no mechanical repair or replacement of engine parts will be allowed. 3.' That no service, storage of parts or work of any kind is authorized outside the building. That parking.of off-road vehicles outside the building is prohibited. That all roof top equipment must be screened from the public view. 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: AUGUST 26, 1985 SUB,1ECT: TENTATIYE PARCEL MAP 85-287 ITEM NO. 3 APPLICANT/ OWNER: LOCATION: ZONING: ELDON PRIMROSE 1219 S. RAIN STREET SANTA ARA, CA 92702 13882 NEWPORT AVENUE COI~RCIAL GENERAL ENY ! ROI~IEFI'AL STATUS: Tills PROJECT IS CATEGORXCALLY EXF31PT FROM Tile REQUIRE)lENTS OF TIlE C.E.Q.A; CLASS 15 REQUEST: RECO~,IENDED ACTION: Recommend approvM to the City Council of Tentative Parcel Map No. 85-287 by the adoption of Resolution No. 2263. PRO4ECT ANALYSIS: The applicant is proposing a 7,600 square foot retail shopping center at the northeasterly corner of Newport and Bonita. The proposed map of .704 acres consolidates four lots into one lot in order to accommodate the retail center. The proposed map is in conformance with the Tusttn Area General Plan and the Zoning Ordinance. The conditions of approval are listed in Resolution No. 2263. Associate Planner MAC:do Community Development Department T E N TATtVF. PARCI:'L HAP N O. 85-Z87 IN THE CITY OF' TLTSTII¢.C~OII~IIIT~ OF ORANG£ STATI~ OF 1 2 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24: 25 26 27 28 RESOLUTION NO. 2263 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF TUSTIN, RECOMMENDING APPROVAL OF TENTATIVE PARCEL MAP 85-287 LOCATED AT 13882 NEWPORT AVENUE The Planning Commission of the city of Tusttn does hereby resolve as follows: I. The Planning Commission finds and determines as follows: Ae II. That Tentative Parcel Map No. 85-287 was submitted to the Planning Commission pursuant 'to Ordinance 847 by Boyer Engineering on behalf of £1den & Nedra Primrose for the purpose of consolidating four (4) lots into one (1) lot for the properties known as Lots 13, 14, 15 and 16 in Block B of Martin's Addition as shown on a map recorded in Book 19, Page 79 of Miscellaneous Records of Los Angeles County, California. B. That said map is in conformance with the Tustin Area General Plan. C. That this project is categorically exempt from the requirements of the California Environmental Quality Act; Class 15. The Planning Commission hereby recommends to the City Council approval of Tentative Parcel Map No. 85-287 subject to the following conditions: 1. Any missing or damaged street improvements within the public right-of-way of Newport Ave., Bonita St., and the alley adjacent to the subject development will require either construction/installation or replacement. These improvements will include but not be limited to the following: a. Curb and gutter b. Driveway apron c. Sidewalk d. Street trees e. Marbelite street lights with underground conduit f. Domestic water services g. Sanitary sewer lateral Payment of Orange County Sanitation District No. 7 sewer connection fees in the amount of $50.O0/s.f. of building area will be required at the time a building permit is issued. Payment of East Orange County Water District fees will be required at the time a building permit is issued. Contact Earl Rowenhorst at Tustin Water Service for fee amounts. 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 25 26 27 28 Resolution No. 2263 page two 4. At the time of development of this parcel a grading plan shall be required for this project with the elevation datum based upon that of the Orange County Surveyors Office. 5. Modification of the existing alleyway drive, apron to match proposed development. PASSED AND ADOPTED at a regular meeting of the Planning Commission, held on the day of , 1985. KATHY WEIL, CHAIRMAN DONNA ORR, RECORDING SECRETARY Repor to the Pl nnin Commission ~EM NO 4 DATE: SUB,]ECT: APPLICANT: OWNER: LOCATION: ZONING: ENVIRONMENTAL STATUS: REQUEST: AUGUST 26, 1985 USE PERMIT 85-19 HILTON POLSK¥ AND MICHAEL HIRSCH 289 ARGONNE AVENUE LONG BEACH, CA 90803 ROBERT.ELZIG 17311 MCFADDEN AVENUE COPIdERCIAL GENERAL (CG-PUD) PLANNED UNIT DEVELOPMENT A NEGATIVE DECLARATION HAS BEEN APPLIED FOR TO CONFORM WITH THE CALIFORNIA EN¥IRON~ENTAL QUALITY ACT. TO AUTHORIZE THE CONSTRUCTION OF A 39,000 ONE STORY RETAIL SHOPPING CENTER RECOI~ENDED*ACTION: Direct staff to readverttse this project to include a variance request because of a McFadden Avenue dedication requirement for the September 9 meeting. Associate Planner MAC:do - Report to the Planning Commission DATE: SUB,)ECT: AUGUST 26, 1985 PHASE I RF. SIDENTIAL ! SCHOOL AUREERE#T RECOI~IENDATION: Staff recommends that' the Commission by Minute Order, affirm that the proposed agreement meets the intent of Condition No. 26 of Resolution No. 85-68. BACKGROUND: As a condition of the approval of Tentative Tract No. 12345 for the Phase ! residential project, a report must be presented to the Planntng Commission from The Irvine.Company and Tustin Unified School District. The report would outline feasible mitigation measures for overcrowding conditions Caused by the development of the Phase ! project. The !rvine Company has been worktng wtth the Tusttn Unifted School Otstrtct to meet the Intent of thts condition. The result of this co11.aboratton ts an agreement b~veen the Company and School Dtstrlct to provide fundlng for either new or rehabilitated facilities to serve the Phase ! project. DISCUSSION: The agreement essentially obligates the Tusttn Unified School District to seek State funding to finance t~mporary classroom facilities at Tustin High School or the rehabilitation of portions of Lambert School for Tustin High School, and the rehabilitation of Utt Intermediate School. The School District is not required to use any other funds (such as General Fund, Building Fund, etc.) to provide these facilities. The School District is required to supply all necessary documents and plans to the State to comply with the requirements for potential funding. The Irvtne Company will cooperate with the School District in preparing these applications. In the event the School District is not able to secure State funding in time to provide the proposed facilities to accommodate the student population from Phase I, The Irvine Company shall guarantee payment for the improvements. The obligation for The Irvtne Company shall not exceed a total dollar amount of $452,000. In the event the School District receives funding at a later date, the School District is obligated to reimburse The Company for its costs or payments. ,, Corn reunify l;:)~velopment Department Planning Comission Report School page ~o The agree~nt as presented provides a vehicle, to fund the needed facilities for the Phase I project, and both parties agree to 1~ conditions. It is staff's contention that the enclosed agree~nt nets the intent of Condition No. 26 of Resolution No. 85-68, which adopted Tentative Tract No. 12345. Senior Planner EK:do Community Development DePartment IRVII CONE . i'TY August 19, 1985 Mr. Ed Knight Senior Planner Community Development Department City of Tustin 300 Centennial Way Tustin, California 92680 Tentative Tract NO. 12345 Phase I Residential Tustin Unified School District Agreement Dear Ed: As you are aware, Condition 26, of our Tentative Tract No. 12345, required a report be submitted to the Planning Commission outlining feasible mitigation measures for documented overcrowding within the Tustin Unified School District attendance area. This report was to specifically address overcrowding created by our Phase I Residential project. In order to meet the intent of this condition, the Tustin Unified School District and The Irvine Company have reached an agreement which provides a facility financing program for the school needs of the Phase I Residential project. This agreement was formally approved and adopted by the Tustin Unified School Board on August 5th. It is attached for your review. We believe the submittal of this agreement to the Planning Commission should fulfill Condition No. 26. Sincerely, Michael C. Ellis Vice President MCE:bjg Eric. CC: Dr. Maury Ross Larry Sutherland Tustin Unified School District 550 Newport Center Drive, P.O, Box I, Newport Beach, California 92658-8904 (714) 720-2000 A Division of The I~ine Company RECEIVED i 3 t985 :: · ~ GOV'T RELATIONS August 13, 1985 Mrs. Coralee Newman Manager, Government Relations The Irvine Company P.O. Box I Newport Beach, CA 92660-0015 Dear Ms. Newman: At the meeting of August 5, the Board of Education approved the School Facilities Mitigation Agreement with The Irvine Company. Enclosed are two signed Agreements. Please have one executed by the appropriate official and return to my attention. Si ncerely, L. E~.<~ h~er~an~, Jr. Manager, ,~po rt__ Services LES/jb Enclosure SCHOOL FACILITIES MITIGATION AGREEMENT This School Facilities Mitigation Agreement '("Agreement") is entered into as of the 5th day of August, 1985, by and between The Irvine Company, a Michigan corporation ("Irvine"), and the Tustin Unified School District, a public unified school district ("TUSD"). RECITALS A. Irvine has proposed to develop certain property in the East Tustin Specific Plan area shown on Exhibit "A" attached hereto and within the jurisdiction of TUSD (the "Development"). The first phase of the Development is contemplated by Tentative Tract Map 12345 approved by the City of Tustin July 15, 1985, ("Phase I"). B. Irvine and TUSD desire to (i) provide for necessary school facil- ities in a timely fashion to meet the demands created by Phase I of the Develop- ment, (ii) achieve a cost effective program to provide school facilities for existing and future residents served by TUSD, and (iii) maintain compliance with the building program of the State of California in terms of architectural guidelines, cost and student loading factors. C. Irvine and TUSD desire to create a plan for phasing new school facilities or reactivation of unused school facilities based on sound demographic data and projected development phasing. D. TUSD presently has no funds, revenue sources, or the eligibility tO obtain such funds under existing state school building programs for the construction of new schools, rehabilitation and reopening of closed schools, or for the rental or lease-purchase of portable classrooms to serve the students to be generated from TIC's proposed development. AGREEMENT NOW, THEREFORE, in consideration of the foregoing premises and other valuable consideration, the receipt and sufficiency of which is hereby acknow- ledged, the parties to this Agreement hereby agree as follows: 1. Agreement to Seek Fundinq. (a) TUSD agrees to use its best efforts to make application for and otherwise pursue all available funding from the State of California for construction of new school facilities or refurbishing of existing school facilities as necessary to serve the Development, including but not limited to the rehabili- tation of Utt Intermediate School and the acquisition of temporary classroom ~'facilities as needed for TustJn High School or the rehabilitation of portions of Lambert School for Tustin High School purposes to serve Phase I of the Development (the "State Funding"). Irvine agrees that TUSD shall not be required to use its General Fund, Building Fund or proceeds from the sale or lease of existing school sites for purposes of providing facilities for Phase I of the Development. (b) TUSD agrees to prepare and furnish all demographic and other data, plans and other materials and to comply with all reasonable requirements imposed by the potential funding agencies as necessary or desirable in order to obtain the State Funding. Such data shall include, but not be limited to, current and projected enrollment data, current and projected district facility capacities, status reports outlining location and use of all existing school facilities, fiscal data concerning TUSD's capital outlay and deferred maintenance programs, and fiscal data on TUSD's lease program. (c) Irvine agrees to cooperate and work with TUSD in the application for State Funding. Irvine agrees to, at its cost, retain consultants, includ- ing architects, with such consultants selected as satisfactory to TUSD, as necessary to assist the staff of TUSD in the preparation of such data, plans and materials and in the preparation of applications for State Funding. Irvine's obligations for architects' fees, under this paragraph, shall not exceed 15% of the projected cost of construction of the relative improvements. (d) The architect retained by Irvine with the approval of TUSD shall prepare plans and specifications for the rehabilitation of Utt Intermediate School to include all school buildings, playgrounds, irrigation systems, park- ing lots and other support facilities for the entire school site as listed on Exhibit "B" attached h~reto. The architect shall further, at the option of TUSD, prepare plans and specifications for relocatable classrooms for Tustin High School or rehabilitation of facilities at Lambert School for use by Tustin High School. 2. Funding by Irvine. (a) In the event that the district has not qualified for State Fund- ing or that State Funding has not been made available to TUSD in time to fund the rehabilitation of Utt Intermediate School as required to accommodate student population generated from Phase I of the Development, upon not less than thirty (30) days written notice by TUSD, Irvine shall at its election either (i) agree to contract for such rehabilitation pursuant to the plans and specifications prepared under Section l(d) of this Agreement, or (ii) guarantee payment of the lowest responsible competitive bid obtained by TUSD for the rehabilitation of Utt Intermediate School pursuant to plans and specifications as prepared under Section l(d) of this Agreement. In the event that Irvine does not agree to contract for such rehabilitation, Irvine, upon receipt of bids by TUSD, will make the payments required for such rehabilitation provided, however, Irvine's obligation for the cost of such rehabilitation shall not exceed $452,000. Any cost in excess shall be borne by TUSD. If State Funding becomes available to and is received by TUSD after Irvine has incurred costs or made payments for such rehabilitation, which State Funding may legally be used to reimburse Irvine for any such'costs or payments, TUSD will use the State Fund- ing to make such reimbursement as is legally permissible. -2- (b) In the event that the District has not qualified for State Fund- ing or that State Funding has not been made available to TUSD in time to fund additional high school facilities (permanent or temporary) as required to accom- modate student population generated from Phase I of the Development, TUSD at its option and upon not less than thirty (30) days written notice to Irvine, shall elect to accommodate that additional student population either through rehabilitation of Lambert School pursuant to plans and specifications prepared by an architect, paid for by Irvine pursuant to Section l(c) of this Agreement for the rehabilitation work at the Lambert School, or in the alternative, through use of not more than five (5) portable classrooms to be located at the Tustin High School at Irvine's cost as provided herein, which portable classrooms shall be consistent with and equivalent to the quality of the present portable classrooms of TUSD. If TUSD elects to rehabilitate Lambert School for these purposes, Irvine shall have the opportunity at its election to contract for the rehabilitation at its cost pursuant to the plans and specifications therefore, or to guarantee payment of the lowest reponsible competitive bid obtained by TUSD for that rehabilitation, as provided in Section 2(a) above. Similarly, if TUSD elects to accommodate the high school student population generated from Phase I of the Development, through the use of portable classrooms, Irvine at its election shall either (i) advance to TUSD the reasonable cost of acquir- ing or leasing up to five (5) portable classrooms, or (ii) acquire up to five (5) portable classrooms and lease the same to TUSD at a nominal rental. The cost to Irvine involved with either the rehabilitation of the Lambert School or the purchase or lease of the not more than five (5) portable classrooms shall not exceed the $425,000. Any expenses, other than the costs of architect's fees, exceeding $425,000 for either the rehabilitation of facilities at Lambert School or the providing of the portable classrooms shall be borne by TUSD. If State Funding becomes available to and is received by TUSD after Irvine has. incurred costs or made payments under this Section 2(b), which State Fund- ing may legally be used to reimburse Irvine for any such costs or payments, TUSD will use the State Funding to make such reimbursement as is legally per- missible. (c) TUSD and Irvine shall cooperate in creating phasing schedules to establish when facilities will be needed to serve students generated from Phase I of the Development. (d) In the event Irvine is required to expend funds pursuant to Paragraph 2(a) or 2(b) above, then any excess capacity created at Utt Inter- mediate School, or at Tustin High School or Lambert School, shall be credited by TUSD against requirements arising from other parts of the Development. 3. Satisfaction of Requirements. TUSD agrees that student capacity created by the rehabilitation of Utt Intermediate School as contemplated by this Agreement satisfies all elemen- tary and intermediate school facility requirements arising in connection with Phase I of the Development, and that student capacity created by the addition of portable classrooms or other facilities at the Lambert School for Tustin High School as contemplated by this Agreement satisfies all high school facility -3- requirements arising in connection with Phase I of the Development. Provided that Irvine is not in material default in its obligations under this Agreement, TUSD will support the processing Of all entitlements to develop Phase I and shall not impose additional facilities requirements in relation thereto. 4. Assessment or Special Tax District Financing. TUSD agrees that Irvine's obligations under Paragraphs 2(a) and 2(b) above may be satisfied through formation of and participation in a Mello-Roos Community Facilities District or assessment district, for undeveloped portions of the Development, created in whole or in part for those purposes, and TUSD will cooperate with Irvine in the formation of such a district if Irvine so elects. To the extent funds are received by TUSD from any such funding vehicles or from the State Funding which may be applied to the costs of plans, materials or facilities described in this Agreement, then to the extent legally permissible the advancement by Irvine of any such costs under Paragraphs l(b) or 2 shall be deemed a loan by Irvine to such community facilities district or assessment district and, from such bond proceeds shall be reimbursed for all such advances and costs. 5. Future Cooperation. TUSD and Irvine agree to cooperate in developing a program for the provision of other facilities as needed to serve the Development, including a diligeqt pursuit of alternative financial strategies. 6. Miscellaneous Provisions. (a) This Agreement applies to, inures to the benefit of, and binds all parties hereto and their successors and assigns. This Agreement is not intended to benefit nor be enforceable by any third party. (b) All notices hereunder shall be deemed to have been duly given if personally delivered or mailed by registered or certified mail, with return receipt requested, postage prepaid to the parties at the following addresses (or at such other addres- ses as shall be given in writing by any party to the others), and shall be deemed complete upon the earlier of actual receipt or two (2) business days after mailing: To Irvine: The Irvine Company 550 Newport Center'Drive P. O. Box I Newport Beach, CA 92658-8904 Attention: Michael LeBlanc or Brad Olson To TUSD: Tustin Unified School District 300 South "C" Street Tustin, CA 92680 Attention: Maurice A. Ross, Ed.D. Superintendent -4- (c) This Agreement shall be construed, interpreted and enforced in accordance with the laws of the State of California. (d) If either party commences an action against the other party arising out of or in connection with this Agreement, the prevailing party shall be entitled to have and recover from the losing party reasonable attorneys' fees and costs of suit. (e) Either party hereto may waive any breach of this Agreement by the other party, but no such waiver shall constitute a continuing waiver of similar or other breaches. Ail obligations under this Agreement shall be deemed to be both convenants and conditions. (f) All understandings and agreements between the par- ties respecting the subject matter of this AKreement are merged in this Agreement, which fully and completely express the agreement of the parties and supersedes and replaces all prior negotiations and understandings, written or oral. No change in or addition to this Agreement or any part hereof shall be valid unless in writing and signed by Irvine and TUSD. IN WITNESS WHEREOF, Irvine and TUSD have executed this Agreement as of the date first above stated. "Irvine" The Irvine Company, a Michigan corporation By: Its: "TUSD" Tustin Unified School District, a public unified school district By: Its: Dorothy R~lston President, Board of Education By: Its: Chris Layton ~ - Clerk, Board of Education -5- REOPENING C.E. UTT SCHOOL FOR [L£HENTARY/INTERMEDIATE (K-B); COST EST]HATES Structural Modifications for Kindergarten Use - install restroom$, etc. Bell/Alarm/IC/Fire Protection Systems - repair/replace $25,000 17,500 Heating/Ventilating Systmms - repair/improve efficiency 3,500 Electrical Systems - repair 3,500 Hot Water & Plumbing Systems, including P.E. showers- repai r/restore 18,000 Floor Covering - replace carpeting.and/or tile as needed 60,000 Painting, exterior and interior - all 4O,OOD Food Services Spaces & EquiDment - restore/replace Lockers, P.E. and Student - repair/replace Classrooms: -science, home econmmics, industrial arts, computer lab, etc. - refurbish Irrigation System, turf playground - replace/upgrade Playground: turf, running track, equipment - renovate/repair/replace Fencing, including gates - repair/replace/additional (as required for K-8 school operation) Paving and ~oncrete: playgrounds, parking lot, walkways, quad ar~as - repair/replace 6,000 9,500 ., 85,000 " 71,000 . 6,000 75,000 EXHIBIT "B" Reopening C.E. Utt Cost Estimates (Cont'd) Security Intrusion/Detection Alarm System - repair/upgrade _ 2,500 TOTAL $452,500 Note: Above does not include classrocm furniture and portable equipment, general cleaning and "move-in" labor costs; nor does it reflect loss of rental income. TUSTIN SCHOOL DISTRICT EXHIBIT A Repor'~ to the Plannin~ Commission ITEM NO. 6 August 26, 1985 SUBJECT: REPORT ON COUNCIL ACTIONS - August 19, 1985 Or~l presentation to be ~ven by Donald D. Lam, Dtrector of Commntty Deve]opment do Attachments: Clty Council Actton Agenda - August 19, 1985 Community Development Departmen~ ACTION AGENDA OF A REGULAR I~q~-TING OF lliE llJ~IN CIl~ C(MJ#CIL AUGUST 19, 1985 7:00 P.M. 7:00 ALL PRESENT PRESENTED TO GENE SHAW NONE IV. REPORT GIVEN V. BY FRANK I. CALL TO ORDER/PLEDGE OF ALLEGIANCE/INVOCATION II. ROLL ~LL III. PROCLAMATION 1. DECLARING SEPTEMBER, 1985, "SEAT BELTS WORK MONTH" - AUTOMOBILE CLUB OF SOUTHERN CALIFORNIA PUBLIC INPUT (For City of Tustin Residents and Businesspersons on any matter, and for Water Service Customers having a concern unresolved by Administrative procedures.} ORAL REPORT 1. FRANK ~ITH, EXECUTIVE DIRECTOR, REGARDING ECONOMIC DEVELOPMENT COUNCIL OF ORANGE COUNTY VI. PUBLIC HEARINGS None. VII. APPROVED CONSENT CALENDAR 1. APPROVAL OF MINUTES - JULY 15, 1985, REGULAR MEETING AUGUST 5, 1985, REGULAR MEETING APPROVED 2. ADOPTED 3. RESOLUTION NO. 85-85 ADOPTED 4. RESOLUTION NO. 85-86 - qPTEO 5. ~OLUTIOtl NO. 85-87 APPROVAL OF DEMANDS IN THE AMOUNT OF $382,636.29 RATIFICATION OF PAYROLL IN THE AMOUNT OF $123,458.28 RESOLUTION NO. 85-85 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TUSTIN, DETERMINING AND ADOPTING AN APPROPRIATIONS LIMIT FOR THE FISCAL YEAR 1985-86 IN ACCORDANCE WITH ARTICLE XIIIB OF THE CONSTITUION OF THE STATE OF CALIFORNIA, AND SECTION 7910 OF THE GOVERNMENT CODE Adopt Resolution No. 85-85 as recommended by the Finance Director. RESOLUTION NO. 85-86 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TUSTIN, CALIFORNIA, FIXING AND DETERMINING THE AMOUNT OF REVENUE REQUIRED FROM PROPERTY TAXES OF THE CITY OF TUSTIN AND FIXING THE RATE OF TAXES ON THE TAXABLE PROPERTY WITHIN THE CITY OF TUSTIN TO SERVICE THE DEBT OF THE GENERAL OBLIGATION BONDS OF THE CITY FOR THE FISCAL YEAR 1985-86. Adopt Resolution No. 85-86 as recommended by the Finance Director. RESOLUTION NO. 85-87 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TUSTIN, AUTHORIZING ACCEPTANCE OF ALL DEEDS OR GRANTS CONVEYING ANY INTEREST OR RIGHT IN OR EASEMENT UPON REAL ESTATE TO THE CITY OF TUSTIN FOR PUBLIC PURPOSES; APPOINTING AND AUTHORIZING THE CITY CLERK OF THE CITY OF TUSTIN TO CONSENT TO SUCH DEEDS OR GRANTS AND TO THE RECORDATION THEREOF ON BEHALF OF THE CITY Adopt Resolution No. 85-87 as recommended by the City Attorney. CITY COUNCIL ACTION AGENDA PAGE 1 8-19-85 CONTINUED TO 6. SF. PTEMBER 3RD ADOPTED 7. RESOLUTION NO. 85-89 APPROVED STAFF 8. RECOleqENOATION APPROVED STAFF 9. RECOI~EnDATION APPROVED STAFF 10. RECOI~EnDATI ON ~OVED STAFF 11. 9NIqEnDATION RESOLUTION NO. 85-88 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TUSTIN, APPROVING TENTATIVE PARCEL MAP 85-246 LOCATED AT THE SOUTH- WESTERLY CORNER OF MAIN AND NEWPORT SOUTHERLY TO EL CAMINO REAL Adopt Resolution No. 85-88 as recommended by the Community Develop- ment Department. RESOLUTION NO. 85-89 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TUSTIN, APPROVING TENTATIVE PARCEL MAP 85-270 LOCATED AT 300 SOUTH "C" STREET Adopt Resolution No. 85-89 as recommended by the Community Develop- ment Department. REJECTION OF CLAIM - PACIFIC BELL; DATE OF LOSS: 4/16/85; DATE FILED WITH CITY: 7/9/85; CLAIM NO. 85-33 Reject subject claim as recommended by the City Attorney. REJECTION OF CLAIM - EMILY FENWICK; DATE OF LOSS: 6/4/85; DATE FILED WITH CITY: 7/19/85; CLAIM NO. 85-35 Reject subject claim as recommended by the City Attorney. USE OF SURPLUS CITY PROPERTY - NEWPORT AVENUE AT IRVINE BOULEVARD Authorize the Mayor to execute the License Agreement between the City and James Vecchio for the interim use of surplus City property at the southwesterly corner of Newport Avenue and Irvine Boulevard for landscaping and maintenance purposes as recommended by the Director of Public Works. BUILDING CODE APPEALS BOARD Adopt Minute Order to establish an Appeals Board to provide for reasonable interpretation of technical codes, as provided for in the Uniform Building Code and the Uniform Administrative Code Section 204, as recommended by the Community Development Department. INTROOUCED ORDINANCE gO. 941 INTRODUCED ORDINANCE NO. 942 VIII. ORDINANCES FOR INTRODUCTION 1. ORDINANCE NO. 941 - AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TUSTIN, CALIFORNIA, AMENDING THE TUSTIN CITY CODE RELATIVE TO COUNCIL COMPENSATION M.O. - That Ordinance No. 941 have first reading by title only. M.O. - That Ordinance No. 941 be introduced. 2. ORDINANCE NO. 942 - AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TUSTIN, N4ENDING SECTION 1514 OF THE TUSTIN MUNICIPAL CODE, TO INCREASE COMPENSATION OF THE CITY OF TUSTIN'S PLANNING COMMISSIONERS M.O. - That Ordinance No. 942 have first reading by title only. M.O. - That Ordinance No. 942 be introduced. IX. ORDINANCES FOR ADOPTION None. OLD BUSINESS 1. NO PARKING SIGNS FOR STREET SWEEPING ON CALIFORNIA STREET BETWEEN CORLA ,IE lliE NO PARKING SIGNS AS lliEY AND MEDALLION (Continued from August 5, 1985) ARE. Recommendation: Pleasure of the City Council. CITY COUNCIL ACTION AGENDA Page 2 8-19-85 A~ROVED ~F 2. REQUEST DENIED 3. AND GO 01Fr FOR BID FOR DESIGN OF ~ STREET XI. APPROVED STAFF 1. RECOI~INENDATION CITY ENTRANCE SIGN PROGRAM Recommendation: Direct staff to seek proposals from sign manufac- turers for both pole and monument type signs to be used throughout the community at approved locations. REQUEST FOR FIRST STREET MORATORIUM WAIVER Recommendation: Pleasure of the City Council. NEW BUSINESS WARNER AVENUE AT AT&SF RAILROAD CROSSING Recommendation: Adopt Minute Order authorizing the Mayor to execute Program Supplement No. 5 to Local Agency (Tustin)/State Agreement No. 07-5271; and authorize supplemental budget appropriation for FY 1985-86 in the amount of $5,150.00 as recommended by the Director of Public Works. XII. RATIFIED REPORTS RECEIVED AND FILED 2. PLANNING COMMISSION ACTIONS - AUGUST 12, 1985 All actions of the Planning Commission are final unless appealed by the City Council or member of the public. MONITORING OF TOXIC OR HAZARDOUS MATERIALS Recommendation: Receive and file. S,....F TO XIII. OTHER BUSINESS REPORT ON LIST OF PROPERTIES WITHIN 150 F~. OF NEWPORT AVENUE TI~T ~D BE REZONED CO~gqERCIAL. STAFF TO OBTAIN 6 INCH EX~NSION FOR MICROPHONES. GREINKE ASKED STAFF TO SPEED UP ~ CHANGE FOR LAGUNA ROAD. JAMES ROSENBERG, AI'~ORFIEY, ASKED THE COUNCIL TO CONSIDER AN ORDINANCE RE~DING FORTUNE TELLING. HE LEFt A COPY OF A SAMPLE ORDINANCE WITH STAFF. 7:59 XIV. ADJOURNMENT To the next Adjourned Regular Meeting on Tuesday, September 3, 1985. CITY COUNCIL ACTION AGENDA PAGE 3 8-19-85 7:59 1. ALL 2. PRESENT APPROVED 3. ADOPTED RESOLUTION NO. RDA 85-10 APPROVED 5. STAFF RECOI~ENDATZ ON ADOPTED RESOLUTION NO. RDA 85-11 ACTION AGENOA OF A REGULAR lwEETING OF THE TUSTIN REDEVELOPMENT AGENCY AUGUST 19, 1985 7:00 P.M. CALL TO ORDER ROLL CALL APPROVAL OF MINUTES - AUGUST 5, 1985 ACCEPTANCE OF DEEDS - RESOLUTION NO. RDA 85-10 RESOLUTION NO. RDA 85-10 - RESOLUTION OF THE TUSTIN COMMUNITY REDEVELOPMENT AGENCY AUTHORIZING ACCEPTANCE OF ALL DEEDS OR GRANTS CONVEYING ANY INTEREST OR RIGHT IN OR EA~SEMENT UPON REAL ESTATE TO THE TUSTIN COMMUNITY REDEVELOPMENT AGENCY FOR PUBLIC PURPOSES; APPOINTING AND AUTHORIZING THE SECRETARY OF THE TUSTIN COMMUNITY REDEVELOPMENT AGENCY TO CONSENT TO SUCH DEEDS OR GRANTS AND TO THE RECORDATION THEREOF ON BEHALF OF THE TUSTIN COMMUNITY REDEVELOPMENT AGENCY. Recommendation: Adopt Resolution No. RDA 85-10 as recommended by the City Attorney. SOUTH NEWPORT - EDINGER CIRCULATION STUDY (Continued from August 5, 1985) Recommendation: Authorize staff to solicit proposals for consultant services for preparation of a precise horizontal and vertical alignment for the exten- sion of Newport Avenue based upon Alternative 3, inclusive of staff variation; and approve a budget appropriation in the amount of $40,000.00 as recommended by the City Engineer. DESIGN REVIEW - 13882 NEWPORT AVENUE RESOLUTION NO. RDA 85-11 - A RESOLUTION OF THE COMMUNITY REDEVELOPMENT AGENCY OF THE CITY OF TUSTIN, CALIFORNIA, APPROVING THE DESIGN OF A RETAIL COMMERCIAL CENTER AT 13882 NEWPORT AVENUE Recommendation: Adopt Resolution No. RDA 85-11. as recommended by the Community Development Department. APPROVED 7. AWARD OF CONTRACT FOR FIRST STREET SPECIFIC PLAN STAFF RECONqENDATION Recommendation: 1) Retain The Planning Center, land use consultants, to pre- pare the First Street Specific Plan and instruct staff to prepare the necessary agreements; 2) Authorize the Agency Chairman to execute said agreements when prepared; and 3) Increase the budget appropriation for subject project from that previously approved in the FY 1985-86 budget of $55,000 to $60,000 as recommended by the Community Development Department. 8. OTHER BUSINESS SALTARELLI ASKED BOB LEDENDECKER TO LOOK AT THE "NO PROJECT" ALTERNATIVE IN THE NEWPORT AVENUE EXTENSION STUDY AS I~E IS CONCERNED ABOUT A LOT MORE TRAFFIC THRT W~)ULD BE FUNNELED INTO THE -'TE:R OF TOWN. .~CT~FF TO REPORT I MONEY HAS ,....J,I'RI CTS. ON NEW CONSTRUCTION OF RESIDENTIAL PROPERTY IN THE REDEVELOPMENT AREAS AND HOW BEEN SAVED BECAUSE OF THE PASS THROUGN FUNDS TO THE ORANGE COUNTY SANTITATION 8:07 9. ADJOURNMENT To the next Adjourned Regular Meeting on Tuesday, September 3, 1985. REDEVELOPMENT AGENCY ACTION AGENDA Page 1 8-19-85