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HomeMy WebLinkAboutRPT 1 P.C. ACT AGENDA 09-16-85AGE DA ,,,,ACTION AGENDA TUSTIN PLANNING ~J)MRISSION REGULAR MEETING SEPTERBER 9, 1985 REPORTS NO. 1 9-16-85 CALL TO ORDER: ROLL CALL: 6:30 p.m. Workshop: Santa Fe Land Specific Plan No. 7 Council Chambers Present: Well, McCarthy, Baker, Puckett, White 7:30 p.m. Commission meeting was called to order PLEDGE OF ALLEGIANCE/INVOCATION PRESENTATIONS: PUBLIC CONCERNS: CONSENT CALENDAR: 1. Minutes from Planning Commission meeting August 26, 1985. 2. Final Parcel Map 85-270, Senior Citizen Center. Puckett moved, McCarthy second to approve the consent calendar. PUBLIC HEARINGS 3. USE PERMIT 85-20 Applicant: Location: Request: Presentati on: Hotton carried 5-0. Lawrence Bente 13201 Silver Birch Drive Authorization to retain a satellite dish which was installed without the required permits and exceeds the size and height requirements of the Tustin City Code. Laura Pickup, Assistant Planner Chair Wetl called the hearing to order at 7:38 p.m. Lawrence Bente, satellite dish owner, explained the background in installing the antenna. Seeing no one further wishing to speak, Well closed the hearing at 7:48 p.m. Commission questions and answers of staff and applicant ensued. Baker moved, Puckett second to continue the matter for two weeks for further investigation by staff and Mr. Bente to determine how much he can lower the dish without interfering with signal. Motion carried 5-0. Action Agenda September 9, 1985 page two Applicant: Location: Request: VARIANCE 85-5, RUBY'S RESTAURANT Douglas Cavanaugh and Ralph Kosmides on behalf of John Prescott 205 E1Camtno Real Authorization to vary with the parking requirements of the Tustin City Code in order to allow a 1288 square foot addition to the existing restaurant. Presentation: Ed Knight, Senior Planner Chair Well opened the public hearing at 7:54 p.m. Douglas Cavanaugh, owner, explained their goals and the expansion. He expressed concern with conditions of approval 9 and 12. Commission questions and answers of staff and applicant regarding traffic and potential traffic problems. Michael Kearney, Tustin Chamber of Commerce, explained most of the downtown merchants would welcome Ruby's and the additional traffic. Majorie Lightfoot, Assistance League, expressed their concern with traffic and parking. The former Ruby's caused parking problems for the League by patrons parking in the League's lot. White moved, Puckett second to approve Variance 85-5 by the adoption of Resolution No. 2269 with the following amendments: delete condition no. 3; add to no. 12 that when a development plan is processed through the city for lots $, 7, and 8 that the parking for that development be considered with this site and the overall parking requirement determined jotntly; and add no. 13 that a covenant be recorded at this ttme acknowledging the requirements placed on lots 6, 7, and 8. Motion carried 5-0. 5. TENTATIVE TRACT 12372 Applicant: Location: Request: Gary Siegel 14662 Newport Avenue Authorization to consolidate two lots into one lot for a commercial condominium Presentation: Mary Ann Chamberlain, Associate Planner Chair Well opened the public hearing at 8:29 p.m. Gary Siegel, applicant, explained the reason for the consolidation for condominiums. Seeing no one further wishing to speak, Well closed the hearing at 8:34 p.m. Puckett moved, White second to approve staff's recommendation by the adoption of Resolution No. 2267. Motion carried 5-0. Action Agenda September 9, 1985 page three Appli cant: Locati on: Request: VARIANCE 85-6 AND USE PERMIT 85-19 Milton Polsky and Michael Hirsch 17311 McFadden Avenue Authorization to develop an approximate 3,800 square foot retail commercial center while varying with the requirements of the front-yard setback. Presentation: Mary Ann Chamberlain, Associate Planner Chair Well opened the public hearing at 8:39 p.m. Seeing no one wishing to speak, she closed the hearing at 8:39 p.m. Puckett moved, McCarthy second to approve Variance 85-6 and Use Permit 85-19 by the adoption of Resolution 2265 with an amendment to condition of approval no. 10 adding a double double yellow line on McFadden between 'B' Street and Newport Avenue. Motion carried 4-1, White opposed. AOMINISTRAIIVE MRTTERS Old Business 7. Extension of Use Permit 84-15, 15582 "B" Street Presentation: Edward M. Knight, Senior Planner McCarthy moved, Baker second to approve extension of Use Permit 84-15 for six months until April 8, 1986. Motion carried 5-0. New Business None STAFF CONCERNS 8. Report on Council actions September 3, 1985 Presentation: Donald D. Lamm, Director of Community Development LATE AGENDA ADDITION 9. ~~sjo~.~rizin_~Financial Institutions r~ Zonin~ District. Presentation: Donald D. Lamm, Director of Community Development Puckett moved, McCarthy second to approve staff's recommendation with the exception of requiring conditional use permits for banks with drive thru tellers. Motion carried 4-0, Baker abstained. Action Agenda September 9, 1985 page four COI~J~ISSION CONCERNS Well requested clarification on why the acceleration lane on Newport was requested by the engineering division. Commission discussion. 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CALL TO ORDER: 7:30 p.m. ROLL CALL: Present: Well, McCarthy, Baker, Puckett, White PLEDGE OF ALLEGIANCE/INVOCATION PRESENTATIONS: PUBLIC CONCERNS: None. CONSENT CALENOAR: 1. Minutes from Planning Commission meeting August 12, 1985. White moved, Puckett second to approve the Consent Calendar. Motion carried 5-0. 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 Chair Well opened the public hearing at 7:33 p.m. Charles Ericson, owner, explained the operation of his business. Commission discussion ensued with questions and answers of applicant and staff. Puckett moved, White second to approve Use Permit 85-21 by the adoption of Resolution No. 2264. Well amended item II. B. 4 of the resolution, "that overnight parking of off-road vehicles outside the building is prohibited." Motion carried 5-0. 3. TENTATIVE PARCEL MAP 85-287 Applicant: Location: Request: 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 Well opened the hearing 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 No. 85-287 by the adoption of Resolution No. 2263. Motion carried 5-0. Planning Commission Minutes August 26, 1985 page two 3. TENTATIVE PARCEL MAP 85-287 Applicant: Location: Request: Presentation: Eldon Primrose Newport Avenue and Bonita Street To consolidate four parcels into one parcel for the purpose of developing a retail commercial center. Don Lamm, Director of Community Development Chair Well opened the hearing 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 No. 85-287 by the adoption of Resolution No. 2263. Motion carried 5-0. Applicant: Location: Request: Presentation: USE PERMIT 85-19 Milton Polsky and Michael Hirsch 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. Lamm explained that this matter should be re-advertised for the September 9th meeting because there is a variance in the front set back area because of future street dedication requirement. Puckett moved, McCarthy second to direct staff to readvertise for the September 9th meeting. Motion carried 5-0. ADMINISll~ATIYE MATT£RS Old Business None New Business 5. School Agreement, East Tustin Phase I residential Presentation: Don Lamm, Director of Community Development White moved, Puckett second to affirm by Minute Order that the proposed agreement meets the intent of Condition No. 26 of Resolution 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 CO)~tlSSION CONCERNS Commissioner White questioned the First Street moratorium waiver and when the Commission would review the Santa Fe Land Specific Plan. He further expressed concern with the E1Modena Channel and requested staff to investigate the status and safety. Planning Commission Minutes August 26, 1985 page three Further Commission discussion ensued concerning the Santa Fe Land Specific Plan and they decided to schedule a workshop on September 9, 1985 at 6:30 p.m. ADJOURNMENT Puckett moved, Baker second to adjourn to 6:30 p.m. September 9, 1985 for a workshop concerning the Santa Fe Land Specific Plan and then convene the regularly scheduled Planning Commission meeting at 7:30 p.m. September 9th. KATHY WEIL, Chairman DONNA ORR, Recording Secretary Repor Planning Commission DATE: SUBJECT: APPLICANT: LOCATION: ZONING: SEPTEHBER 9, 1985 FINAL PARCEL HAP 85-270 GARY SIEGEL ON BEHALF OF CITY OF TUSTIN REDEVELOPMENT AGENCY 300 S. "C" STREET PUBLIC AND INSTITUTIONAL ENVIRONHENTAL STATUS: REQUEST: A NEGATIVE DECLARATION itAS BEEN APPROVED FOR lltlS PROJECT IN COMFOR)IANCE WITH lllE CALIFORNIA ENVIRONMENTAL ACT SUBDIVIDE ONE PARCEL INTO TWO PARCELS RECOI~ENDED ACTION: Recommend to the City Council approval adoption of Resolution No. 2268. BACKGROUND AND DISCUSSION: of Final Parcel Map 85-270 bY the The City of. Tustin Redevelopment Agency is in the process of acquiring property from the Tustin Unified School District in order to construct a Senior Center. The proposed map shows one parcel of 3.21 acres being split into two parcels: Parcel one (1) will contain approximately 86,300 square, feet and will continue .to be utilized as the administrative headquarters for the Tustin Unified School District. Parcel two (2) will contain approximately 53,550 square feet to be developed as the City of Tustin's Senior Citizen Center. All parcels are in conformance with the Tustin Area General Plan and the Zoning Ordinance. The final map is in substantial compliance with the tentative map. On August 12, 1985, the Planning 'Commission recommended approval of this tentative map to the City Council by the adoption of Resolution No. 2262. The conditions of approval in that resolution will be met when building permits are issued. On August 19, 1985, the City Council approved the recommendations of the Planning Commission. MARY ANN ~AMBERLAIN) Associate Planner MAC:do attach: Map Resolution No. 2268 Resolution No. 2262 i Connrnun~y Developrnen~ Deparlmen~ 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. 2268 A RESOLUTION OV THE PLANNING COMMISSION OF THE CITY OF TUSTIN, RECOMMENDING APPROVAL OF FINAL PARCEL MAP 85-270 LOCATED AT 300 SOUTH "C" STREET The Planning Commission of the city of Tustin does hereby resolve as follows: The Planning Commission finds and determines as follows: That Final Parcel Map No. 85-270 was submitted to the Planning Commission pursuant to Ordinance 247 by Gary Siegel on behalf of the Redevelopment Agency of the city of Tustin requesting authorization to subdivide three lots into two lots for the properties known as Parcels 1, 2 and 3 as shown on a map recorded in Book 140, pages 11 and 12 of parcel maps in the office of the recorder of Orange County, California. That said map is in conformance with the Tustin Area General Plan. C. That a Negative Declaration was previously approved for the project. D. That the final map is in substantial compliance with the tentative map. II. The Planning Commission hereby recommends to the City Council approval of Final Parcel Map No. 85-270 subject to the final approval of the City Engineer. PASSED AND ADOPTED at a regular meeting of the Planning Commission, held on the day of , 1985. KATHY WEIL, CHAIRMAN DONNA ORR, RECORDING SECRETARY 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 2o 21 22 23 2~ 25 2§ 27 28 RESOLUTION NO. 2262 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF TUSTIN, RECOMMENDING APPROVAL OF TENTATIVE PARCEL MAP 85-2?0 LOCATED AT 300 SOUTH "C" STREET The Planning Commission of the city of Tusti,n does hereby, resolve as follows: II. The Planning Commission finds and determines as follows: That Tentative Parcel Map No. 85-270 was submitted to the Planning Commission pursuant to Ordinance 247 by Gary Siegel on behalf of the Redevelopment Agency of the city of Tusttn requesting authorization to subdivide three lots into two lots for the properties known as Parcels 1, 2 and 3 as shown on a map recorded in Book 140, pages 11 and 12 of parcel maps in the office of the recorder of Orange County, California. B. That said map is in conformance with the Tustin Area General Plan. C. That a Negative Declaration was previously approved for the project. The Planning Commission hereby recommends to the City Council approval of Tentative Parcel Map No. 85-270 subject to the following conditions: Construction or replacement of all missing or damaged public improvements will be required across the "C" Street and "B" Street frontages as each parcel develops and shall include but not be limited to the following: a. Curb and gutter b. Sidewalk c. Street trees d. Street lights e. Individual sanitary sewer service to each parcel f. Individual domestic water service to each parcel 2. Payment of Orange County Sanitation District No. 7 fees will be required at the time building permits are issued for each parcel. 3. Payment of East Orange County Water District fees will be required at the time building permits are issued for each. parcel. PASSED AND APOPTED at a regulator meeti~J~?f~he Planning Commission, held on the /ry~ ~ day of y~. ~(~{~ , 1985. KATHY WEIL,/ CHAIRMAN D ARY STATl~ OR CALI?ORNIA) COUNTY Or ORANGE ) CITY OF TUSTIN ) I, DONNA OAR, the under$tgmed, hereby cer%ify that I ~m the ~e¢ording Secret~ry of the Planning Co~ission.~ the Ci~ of Tustin, Racordi ng Secra:~r7 Planning Commission DATE: SUBJECT: APPLICANT: LOCATION: ZONING: REQUEST: SEPTEHBER 9, 1985 USE PERHIT 85-20 LAWRENCE BENTE, 13201 SILVER BIRCH DR., ~STIN 1320I SILVER BIRCH OR. R-I, SINGLE FAI~ILY RESIOENTIAL TO RETAIN A I2' DIAHETER SAT£LLII'E RECEIVING OISH WHICH CAN BE SEEN FROH THE PUBLIC RIGHT-OF-WAY RECOI~qENDEDACTION: Approval of Use Permit No. 85-20 by the adoption of Resolution No. 2266. SU)e(ARY: This application is requesting authorization of a previously installed satellite dish which does not meet the provisions of Ordinance No. 926. Accordingly, all satellite dishes in residential areas must meet the following criteria: 1. Height limit ten (10) feet. 2. Antenna must be in rear yard. 3. Antenna must not be visible from public right-of-way view. This particular dish has been installed in the rear yard, however, the antenna exceeds the height restriction and is visible from Olwyn Drive, Silver Birch Drive and Red Hill Avenue. A Use Permit is required due to non-conformance to the previously mentioned criteria and the absence of obtaining the required Building Permits. ANALYSIS AND CONCLUSIONS: Prior to the adoption of Ordinance No. 926, the City did not regulate the placement and screening of satellite dish antennae. At various locations in the city, satellite dish-antennae can be found which do not meet the criteria of this Ordinance. These antennae were installed without regard to aesthetics and created the need for the adoption of satellite dish placement regulations. Since the adoption of this Ordinance, satellite dish installations have been required to meet the Ordinance criteria or obtain a Use Permit. , Community Development Department Planning Commission Report September 9, 1985 page two The visual impact of this antenna will be reduced if the applicant, as conditions of approval for Use Permit 85-20, meets the following criteria: 1. Lower the dish to ground level, and; Install two to three feet of lattice fencing along the top of the existing block wall which faces 01wyn Drive. Height to be determined by field inspection. Although the receiving capabilities of the antenna may be reduced by meeting these conditions, the aesthetic quality of the neighborhood will not be affected as a result of the applicant's maintenance of the satellite dish antenna. LAURA PICKUP k/~ Assistant Planner LP:em attach: Resolution No. 2266 Community Development DePartment 6 7 8 9 10 11 12 13 ~5 16 17 18 19 20 21 23 25 26 27 28 RESOLUTION NO. 2266 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF TUSTIN, GRANTING A.CONDITIONAL USE PERMIT ON THE APPLICATION OF MR. LAWRENCE BENTE TO AUTHORIZE A TWELVE (12) FOOT DIAMETER SATELLITE DISH ANTENNA INSTALLED IN THE REAR YARD OF 13201 SILVER BIRCH DRIVE. 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. 85-20) has been filed by Mr. Lawrence Bente to request authorization to retain a twelve (12) foot diameter satellite dish in the rear yard of 13201 Silver Birch Drive in the R-l, Single Family zone. B. That a public hearing was duly called, noticed and held on said application. Ce That establishment, maintenance, and operation of the use applied for will not, under the circumstances of this case, be detrimental to the health, safety, morals, comfort, or general welfare of the persons residing or working in the neighborhood of iuch proposed use, evidenced by the following findings: The use is in conformance with the Tustin Area General Plan and with use.and application procedures of the Zoning Code (Section 9271y). 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, as evidenced by compliance with the City's Zoning and Development standards. 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. The project is categorically exempt from the requirements of the California Environmental Quality Act as specified in Section 15301-1. II. The Planning Commission hereby approves Use Permit No. 85-20 to authorize the retainment of a twelve {12) foot satellite dish in the rear yard of 13201 Silver Birch Drive subject to the following conditions: A. Compliance with Building Department requirements for the following: 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. 2266 page two Issuance of the appropriate Building and Electrical Permits as required by review of the installation details of the antenna. Be Compliance with Planning Department requirements for the following: 1. Said satellite dish antenna shall be lowered to ground level and shall not exceed ten (10) feet in height. e A lattice fence screen shall be installed along the length of the southerly block wall facing Olwyn Drive. Height to vary from two (2) to three (3) feet subject to field inspection. That the applicant shall sign and return the "Agreement to Conditions Imposed" form prior to issuance of Building Permits. Final development plans shall require the review and approval of the Community Development Department. 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 Planning Commission DATE: SEPTF.~BER 9, 1985 SUBJECT: APPLICANT: VARIANCE 85-5 DOUGLAS CAVANAUGH & RALPH KOSHIDES PROPERTY OWNER: LOCATION: ZONING: GENERAL PLAN: JOHN PRESCO]T 18752 E. 17th STREET SANTA ANA, CA 92705 205 EL CANINO REAL C-2 CENTRAL CO~ERCIAL COMNERCIAL ENVIRONMENTAL STATUS: REQUEST: CATEGORICALLY EXEHPT CLASS 3 TO VARY WITH THE PARKING STANDARDS OF THE C-2 DISTRICT FOR A RESTAURANT TO ALLOW THE EXPANSION OF AN EXISTING NON-CONFORHING USE. RECO~ENDEO ACTION: Staff recommends that Variance 85-5 be approved by the Planning Commission by the adoption of Resolution No. 2269. BACKGROUND: Approximately less than a year ago, the business interest running Ruby's restaurant closed, and since thatl time, no new lessee has reopened the business. Recently, staff has been approached by Doug Cavanaugh and Ralph Kosmides, who propose to expand, renovate, and open up Ruby's as a 1940's period restaurant. Ruby's is an existing non-conforming use, since it provides no parking for the approximate 65 seats within the restaurant. An expansion of a non-conforming use is not allowed, unless the entire business is brought into zoning code conformance. The applicants are proposing to provide sufficient parking for the expansion, but are requesting a parking variance for the remaining seats that are currently a part of the restaurant. Corn munity Development Deparxment Planning Commission Report Variance 85-5 page two DISCUSSION: A breakdown of the proposal includes: 1. Expand the restaurant by approximately 1,288 square feet, including a new kitchen, storage, refrigeration and restrooms. 2. Expand seating from 65 to 95 seats. 3. Provide eleven new parking spaces. In analyzing this proposal, it is key to note what the code allows or does not allow. Allowed under code, the proposed applicants could make improvements to within 50% of the assessed value of the property and reopen the existing business with the current number of seats without the need of a variance. The requirement for the variance comes with any expansion of the existing non-conforming use. The applicants are proposing to provide more than just an expansion of the number of seats. The current restaurant will be modernized with a new kitchen, restrooms, and storage. The inside will be redecorated to match a 1940's era cafe. The improvements should be a positive addition to the old Tustin downtown area and a way to preserve, in some form, the old Ruby's restaurant. Currently, the area and uses surrounding Ruby's are underparked by code standards, yet the area does not suffer from a parking problem, with the exception of Assistance League meetings. This lack of a parking problem is mainly due to a combination of businesses that do provide sufficient parking, and the marginal nature of other businesses in the area. Since the applicants are proposing to supply sufficient parking for the expansion, theoretically there should not be a greater parking impact than experienced by reopening the existing Ruby's. In reality, if the business is a big success, more cars could be drawn into the area than previously experienced. To counteract this possibility, staff is recommending a condition that sets up two parking impact criteria. The parking situation will either be reviewed by the Planning Commission on an annual basis if substantial complaints from merchants are received. If a finding of parking impact is found, the property owners of Ruby's, in accordance with the lessee, will be required within 60 days, to provide improved parking facilities on a temporary basis; with a maximum of 22 spaces on an adjoining vacant lot, which is shown on the assessor's parcel map as Book 401-584, lots 6, 7 or 8. These lots are owned by the property owner of Ruby's. In addition, the applicants are put on notice that the existing roof sign will have to be removed if there is a change in either proprietorship or identify. The current sign will--novation as a part of this variance. ~DWARD M. ~NIGHT,' / ~,.~Senior Planner '~:ao Community Development DePartment July 17, 1985 City of Tustin Planning Con~ission 300 Centennial Way Tustin, CA 92680 Dear Con~issioners: Attached is our application to reopen the old Ruby's Cafe located at 205 E1 Camino Real. We are the owners and operators of the other Ruby's Diner located on the end of the Balboa Pier in Newport Beach. We also recently opened a new Ruby's Diner in the Market on the Lake shopping center in Mission Viejo. Our Ruby's Diner concept authentically recreates a 1940's style diner which features Orange County's best hamburgers (according to KABC's Elmer Dills and Orange Coast magazine), real malted milks, homemade chili and chowder, and delicious cherry cokes, all served with the atmosphere, music, and fun of the Glenn Miller era. We are proposing to expand the old Ruby's Cafe structure by approximately 1288 square feet. This addition would house a new modern kitchen along with enlarged storage and public restroom facilities. The existing structure would be used primarily for public dining area. By reviewing the renderings submitted with this application you will notice that we are preserving the character of the old Ruby's Cafe as much as possible. The old Ruby's Cafe had a seating capacity of approximatley 65 persons. The remodel proposes increasing the seating capacity to approximately 95 persons. The additional seating is necessary to make the project economically feasible. There is a vacant dirt lot behind the restaurant facility that we are proposing to develop into an eleven space parking lot which would be in addition to the street parking available on E1 Camino Real and 2nd street. We understand that this amount of parking would not fully satisfy the parking requirement, however, it would render the project economically unfeasible to secure additional property and develop additional parking lots. For the above reasons we ask that the Planning Comm/ssion consider "grandfathering" the parking for the old Ruby's and allow the new proposed lot and street parking to satisfy the parking requirements for the new facility. The City has previously approved a similar variance request in the application from the R~ahegorz restaurant located on Main street in Tustin. P.O. Bo× 887 . ER lko, , 9'206, . (71z.t) 675- UBY If the project is approved, the City could expect in return a vastly improved and attractive structure along with a vital new business that would help contribute to the redevelopment of downtown Tustin. The additional traffic that would he generated by our new business could help revitalize this end of E1 Camino Real and perhaps help other merchants in this area. If you are interested, we ask that you visit either of our restaurants to experience the concept as well as to see how well they coaplement their surrounding envirom~ents. Please feel free to contact us if you have any questions or if you would like a personal tour of our facilities. Sincerely, Ralph L. Kosmides 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. 2269 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF TUSTIN, APPROVING VARIANCE NO. 85-5 ALLOWING AN EXISTING NON-CONFORMING RESTAURANT AT 205 EL CAMINO REAL TO VARY WITH THE PARKING REQUIREMENTS FOR A RESTAURANT IN THE C-2 ZONE. 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, (Variance No. 85-5), was filed by Douglas Cavanaugh & Ralph Kosmides, requesting authorization to vary from the parking requirements of the C-2 zone for an existing non-conforming restaurant located at 205 E1 Camino Real. B. That a public hearing was duly called, noticed and held on said application. Co That because of special circumstances applicable to the subject property, relative to size, shape, topography, location or surroundings, a strict application of the Zening Ordinance is found to deprive subject property of privileges enjoyed by other properties in the vicinity and under identical zone classification, evidenced by the following findings: The use is in'conformance with the land use element of the Tustin Area General Plan. 2. The variance will be an incentive to, and a benefit for, non residential development in the area. The applicant is supplying parking per the zoning code for any additional seats over the existing non-conforming number. That the granting of a variance as herein provided will not constitute a grant of special privilege inconsistent with the limitations upon other properties in the vicinity and district in which the subject property is situated. E. That this project is categorically exempt from the requirements of the California Environmental Quality Act.(Class III) Fo That the granting of the variance as herein provided will not be contrary to the intent of the Zoning Ordinance or the public safety, health and welfare, and said variance should be granted. Ge 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 Codes as administered by the Orange County Fire Marshal; and street improvement requirements as administered by the City Engineer. 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. Page two II. Final sign plans shall require the review and approval of the Community Development Director. The Planning Commission hereby grants a variance as applied for, to authorize the existing non-conforming restaurant located at 205 E1 Camino Real to vary with the parking requirements for a restaurant in the C-2 zone, subject to the conditions attached hereto in Exhibit PASSED AND ADOPTED at a regular meeting of the Tustin Planning Commission, held on the day of , 198t. RONALD H. WHITE, Chairman DONNA ORR, Recording Secretary CONDITIONS OF APPROVAL VARIANCE NO. 85-5 o 6e The number of seats es:abltshed as the existing non-conformlng use Is 65 seats, with the total number of parking space variance equaling twenty-two (22) parktng spaces. This variance shall be null and void upon the demolition of the structure at 205 E1Camtno Real. Ali remaining signs shall be renovated. The roof sign shall be removed upon a change in proprietorship or identity, in keeping with the sign code of the city of Tustin. A master sign plan shall be approved for the subject project prior to building permit issuance. A landscape plan is required for review and approval prior to building permit issuance. Any changes .in exterior materials and colors requires the review and approval of the Community Development Department. Any missing or damaged street improvements on either street frontage shall be installed or replaced. All improvements shall be shown on a final site or grading plan, and reference applicable city standard drawing references. A grading plan delineating all finish floor, site elevations and' elevations of adjacent properties shall be submitted for review and approval. The city shall require a right-of-way dedication at the northwesterly corner of the property in the shape of a triangle corner cut-off of 5'x5'. In the event this dedication interferes with roof overhangs, it shall be decreased in size. 10. The alley has a sewer easement for maintenance purposes, and the developer shall work with the public works department to determine the viability of the two parking spaces adjacent to the alley. Any reduction in spaces requires a reduction in seating within the restaurant. 11. Payment of the following fees shall be required at the time a building permit is issued: County Sanitation District No. 7 sewer connection fee based upon $50.00/1,000 sq. ft. of new building area or $250.00 whichever is larger. b. East Orange County Water District fees for new building area. . Community Development Department Conditions of Approval Variance 85-5 page two 12. The restaurant business shall be reviewed by the Planning Commission on an annual basis if substantial complaints are received by the department in regard to on-street parking. If the Planning Commssion makes a finding that the area merchants are impacted from on-street parking generated by the restaurant business, the property owner, in accord with the lessee, shall within 60 d~ys provide permanent improved parking facilities based on a maximum of twenty-two (22) parking spaces, on an adjoining lot known in the Assessor's Book as 401-584, lots 6, 7, and 8. Community Development DePartment Planning Commission DATE: SUBJECT: APPLICANT: ONNER: LOCATION: ZONING: ENVIRONMENTAL STATUS: REQUEST: SEP'rl~MBER 9, 198S TENTATIVE TRACT NO. 12372 GARY SIEGEL & COMPANY ON BEHALF OF HEALTH CARE TUSTIN, INC. SAFECARE COMPANY, INC. P.O. BOX 21485 SEATI'LE, NA 98111 14662 NEWPORT AVENUE PUBLIC & [#STITUTIONAL A NEGATIVE DECLARATION ~AS PREVIOUSLY APPROVED FOR THIS PROJECT. CONSOLIOATE T~O (2) LOTS INTO ONE LOT FOR CONOOMINIUM PURPOSES RECOI~ENDED ACTION: Recommend approval of Tentative Tract 12372 to the City Council by the adoption of Resolution No. 2267. PROJECT ANALYSIS: Use Permit 84-16 approved the development of a 57,000 square foot medical office to be located in the front yard of the existing Healthcare Center of Tustin (formerly known as the Tustin Community Hospital). The proposed map of 6.449 acres consolidates two lots into one lot for condominium purposes. The condominium units are proposed as folqows: Ao Unit No. 1, as shown hereon, encompassing all airspace within the exterior surfaces of medical office building proposed to be constructed in conformance with Use Permit No. 84-16 (and all of the conditions of approval thereof) as approved by the City Council of the city of Tustin by Resolution No. 84-86 adopted November 5, 1984. Community Development Depar~men~ Planning Commission Report Tentative Tract 12372 page two Unit No. 2, as shown hereon, encompassing all airspace within the exterior surfaces of the existing hospital building located on the subject property, commonly known as Healthcare Medical Center of Tustin {formerly Tustin Community Hospital) The proposed tentative map is in conformance with the Tustin Area General Plan. The conditions of approval are listed in Resolution No. 2267. MARY Aw CHAMBERLAIN, Associate Planner MAC:do attach: Map Resolution No. 2267 Resolution No. 2182 Resolution No. 84-86 Community Development Department it'! ;l / i ill~ lhi: jl.J:l,jj .I. 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. 2267 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF TUSTIN, RECOMMENDING APPROVAL OF TENTATIVE TRACT MAP NO. 12372 The Planning Commission of the city of Tustin does hereby resolve as follows: I. The Planning Commission finds and determines as follows: Ae That Tentative Tract No. 12372 was submitted by Gary Siegel on behalf of Healthcare Tustin, Inc. pursuant to Subdivision Ord. 847 for the purpose of consolidating two (2) lots into one (1) lot for condominium purposes for the property known as a portion of Lot 49 on Plat No. 1 of the subdivision of a portion of the Ranchos Santiago De Santa Aha and San Joaquin, as shown on a map recorded in Book 5, page 7 of Miscellenous Records of Los Angeles County, California. B. That said map is in conformance with the Tustin Area General Plan. C. That a Negative Declaration was previously approved for this project. II. The Planning Commission hereby recommends to the City Council approval of Tentative Tract 12372 subject to all conditions of Use Permit 84-16; Planning. Commission Resolution 2182 and City Council Resolution No. 84-86. PASSED AND ADOPTED at a regular meeting of the Planning Commission held on the day of , 1985. KATHY WEIL, Chairman DONNA ORR, Recording Secretary 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. 8~-86 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TUSTIN CALIFORNIA, ACTING ON AN APPEAL OF THE CITY COUNCIL AFFIRMING THE FINDINGS OF THE PLANNING COMMISSION CONCERNING USE PERMIT NO, 84-16 (Tustin Community Hospital) The City Council of the City of'Tustin, California does hereby resolve as follows: I. The City Council finds and determines as follows: A. That a proper application (Use Permit No. 84-16) was filed on behalf of Tustin Community Hospital requesting authorization to construct a 57,563 four story medical office building at 14662 Newport Avenue. B. That a Public Hearing Was duly called, noticed and held on the said application. C. That the Planning Commission of the City of Tustin, by Resolution No. 2182 did approve said use permit application.with authorization to develop a 57,563, four story medical office. D. That the City Council, at their meeting of Oct. 1, 1984, by a vote of five ayes, appealed the decision of the Planning Commission pursuant to City Code Section 9294b. F. That the City Council determined that the findings and conclusions of the Planning Commission were correct and the conditions of approval were appropriate to mitigate negative environmental impacts. II. The City Council of the City of Tustin does hereby affirm the findings of the Planning Commission as contained in Resolution No. 2182, subject to the additional following conditions: Q. The final parking plan shall be subject to review and approval of City Council. R. The hospital agrees to maintain the present level of acute care facilities and not inordinately increase the specialized care .' r~h. ah~lttatfon programs w~thout City approval. S. During the four year period following City issuance of a "certificate of occupancy" for the medical office building, Tustin Community Hospital agrees to perform a parking and circulation study at City direction, utilizing a traffic engineering firm acceptable to the City. If the study results 1 2 3 4 6 ? 8 9 10 11 12 13 14 15 16 17 18 19 2O 21 22 23 24 25 26 27 28 Resolution No. 84-86 page two indicate inadequate onslte parking to accommodate both Tustin Community Hospital and the medical office building demands, the Hospital, at the discretion of City Council will provide the required additional parking to a maximum of 519 onsite spaces by one of the following alternatives; 1. Purchase and/or lease adjoining property or provide the needed parking spaces. 2. Build structured parking onsite. PASSED AND ADOPTED at a regular meeting of the Tustin City Council, held on the 5th day of Ngy~mber , 1984. URSULA E. KENNEDY, Mayor AtZest: MARY E..&(%NN, /~ City C 1 ~Jk U STATE OF CALIFORNIA ) COUNTY OF ORANGE ) § CITY OF TUSTIN ) MARY E. WYNN, City Clerk and ~ex-officio Clerk of the City Council of the.City of Tustin, California, does hereby certify that the whole number of the members of the City Council of the City of Tustin is five; that the above and foregoing Resolution No. 84-86 was duly and regularly introduced, passed and adopted at an adjourned regular meeting of the City Council held on the 5th day of lg~, by the following vote: AYES : NOES : ABSENT: COUNCILPERSONS: COUNCILPERSONS: COUNCILPERSONS: Edgar, Greinke, Hoesterey, Saltarelli Kennedy None MARY E. WYNN, ~ty ~ City of Tustin~)CalifornLi)a 1 2 3 4 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 RESOLUTION NO. 2182 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF TUSTIN, AUTHORIZING THE DEVELOPMENT OF A 57563 MEDICAL OFFICE BUILDING IN THE PUBLIC & INSTITUTIONAL DISTRICT AT 14662 NEWPORT AVENUE The Planning Commission of the City of Tustin does hereby resolve as follows: I. The Planning Commission finds and determines as follows: That a proper application, (Use Permit No. 84-16), has been filed on behalf Tustin Community Hospital, to request authorization to construct a 57,563 four story medical office building at 14662 Newport Avenue as shown on Exhibit "A". 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 c~e, 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: Th&t the hospital use and associated medical office is in conformance with the land use element of the Tustin Area General Plan. De That the establishment, maintenance, and operation of the use applied for will not be injurious or detrimental to the property and improvements in the neighborhood of the subject property, nor to the general welfare of the City of Tustin, and should be granted. Proposed development shall be in accordance with the development policies adopted by the City Council, Uniform Building Codes as administered by the Building. Official, Fire Code as administered by the Orange County Fire Marshal and street improvement requirements as administered by the City Engineer. F. That a Negative Declaration of environmental impacts is hereby approved. Final development plans shall require the review and approval of the Community Development Department. 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 Resolution No. 2182 October 8, 1984 page two II. The Planning Commission hereby approves Conditional Use Permit No. 84-16 to authorize construction of a 57,563 medical office building with 407 parking spaces as shown on Exhibit "A", subject to the following conditions: A. All missing or damaged public improvements will be required to be constructed or replaced. These improvements will include but not be limited to the following: a. curb and gutter b. sidewalk c. drive aprons d. street trees e. street lights {marbelite standards with underground conduit) on each street frontage, Newport Avenue and Sycamore Avenue. . f. domestic water and/or fire service laterals g. sanitary sewer lateral Any im~rovements to be constructed should be shown on the final site and/or grading plan and referenced with appropriate City Standard drawing numbers. A final grading plan will be required for the areas of new development as they relate to the existing development on the site, as well as, adjacent properties. Payment of Orange County Sanitation District No. 7 sewer connection fees will be required at the time a building permit is issued. Fee amounts will be $50.00/1,000 sq.ft, of additional floor area. Payment of East Orange County Water District fees will be required at the time a building permit is issued. Both the existing parcel and the newly acquired 100 ft. wide parcel will require annexation to the Orange County Street Lighting Maintenance District No. 6. All annexation applications shall be filed with the City of Tustin Engineering Division. A striping plan for Newport Avenue shall be submitted to the Engineering Department for review and approval. The owner shall reimburse the City for all costs associated with the striping modifications not to exceed $1,000. 1 2 5 6 7 8 9 10 11 12 13 14 15 16 17 18 i9 20 21 22 23 24 25 26 27 28 Resolution No. 2182 October 8, 1984 page :hree G. The owner shall provide a "fairshare" portion of the funds necessary to signalize the intersection of Newport and Sycamore Avenues of 11.6% of the %ota] cost. H. That the southerly one hundred foot (lO0') parcel, of Parcel Maps 84-1029, which is to be used as a hospital parking area, shall be joined to the hospital parcel by the filing of a new parcel map. I. That the owner of the southerly parcel of Parcel Map 84-1029 shall authorize the rezoning of the parcel to the Public and Institutional District. j. That a fire sprinkler system per National Fire Protection Association Standard No. 13 shall be provided to protect the entire medical office structure. The sprinkler system shall be supervised by a U.L. listed control receiving station. K. Plans of combined standpipes and fire sprinklers, medical gas and fire hydrant systems shall be received and approved by the Fire Depar~nt prior to installation of systems. L. All building mechanical equipment shall be screened from view in a manner consistent with the architectural elevations depicted on Exhibit "A". Ground mounted equipment is preferred. M. Continuous 6" concrete curbs shall be provided between landscape planters and parking spaces and drive aisles. N. A master sign plan must be submitted to the Planning Commission for review and approval prior to the issuance of any sign permits for the hospital and office' site.. O. Any existing mature trees which are removed during construction must be replaced with 36" box specimens. The site drawings shall indicate those trees to be removed and a planting plan shall indicate the location of the replacement specimens. 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. 2[82 October 8, 1984 3age four P. Payment of the New Development Tax is required at the time of building permit issuance. PASSED AND ADOPTED at a regular ~eeting of the Tustin Planning Commission, held on ~ day of~, 1984. RONALD WHITE Chairman DONNA ORR Recording Secretar7 STATE OF CALIFORNIA) COUNTY OF ORANG~ ) CITY OF TUSTIN ) I, DONNA ORR, the undersigned, hereby certify that I am the Recording Secret~r~ of the Planning Commission gf the City of Tustin, California; that Resolution No. ~__~was duly passed and adopte~ ~a% ~ regular~eet_t~iin~ of the Tu~t~Fi~ng Commission, held on the ~c~-~ DONNA ORR Recording Secretar~ Planning Commission DATE: SUBJECT: APPLICANT: OWNER: LOCATION: ZONING: SEPTEMBER 9, 1985 USE PERMIT 85-19 AND VARIANCE 85-6 MILTON POLSKY AND MICHAEL HIRSCH 289 ARGONNE AVENUE LONG BEACH, CA 90803 ROBERT ELZIG 17311 MCFADDEN AVENUE COMMERCIAL GENERAL (CG-PUD) PLANNED UNIT DEVELOPMENT ENVIRONMENTAL STATUS: REQUEST: A NEGATIVE DECLARATION HAS BEEN APPLIED FOR TO CONFORM WITH THE CALIFORNIA ENVIRONMENTAL QUALII~f ACT. TO AUTHORIZE THE CONSTRUCTION OF AN APPROXIMATE 3,800 SQUARE FOOT ONE-STORY RE'FAIL SHOPPING CENTER WHILE VARYING WITH THE REQUIREMENTS OF' THE FRONT YARD SET-BACK. RECOI~ENDE~ ACTION: Approve Use Permit 85-19 and Variance 85-6 by the adoption of Resolution No. 2265. PROJECT ANALYSIS: In June 1979, the subject property was brought into the city as a portion of Annexation No. 120 and was prezoned multiple family {R-3) to conform with the Tustin Area General Plan. On June 7; 1982, the general plan was changed from residential to commercial (GPA 82-1[A]) and the zone was changed from R-3 to Commercial General Planned Unit Development (CD-PUD}. The applicant is now requesting authorization to develop a 3800 square foot retail center. The site plan shows the building placed on the easterly property line which necessitates the fire wall as shown on the east elevation. A positive addition to the proposed center is the 15 feet of landscaping along McFadden and the 1000 square feet of landscaping proposed along the curb radius of South "B" Street. The proposed elevations show tan stucco with a burnt mission tile mansard. The easterly elevation (fire wall) shows tan split face slumpstone with decorative brown split face slumpstone. 0nly one post is shown on the front elevation therefore staff suggests that other posts be added to carry out the theme. This addition can be reviewed by staff prior to issuance of building permits. Community Development Department Planning Commission Report Use Permit 85-19 page two One of the conditions of approval is that an Irrevocable Offer of Dedication be executed for a ten foot wide strip of land adjacent to McFadden Avenue. At such time as McFadden is widened the 15 foot front set-back would be reduced to five (5) feet. At this time, three (3) variances have been granted for shopping centers along McFadden which allowed the owners to vary with the set-back requirements for an arterial highway. Staff supports the granting of this variance because it would not constitute a special privilege for this property since three (3) like variances have been granted for other properties in the vicinity of which this property is located~ All between Newport Avenue and South "B" Street along McFadden Avenue. All the conditions of approval are listed in Exhibit "A" attached to Resolution No. 2265. MARY A~fl~ CHAMBERLAIN, Associate Planner MAC:do attach: Plans Resolution 2265 Exhibit "A" Development Review Summary , Community Development Department DEVELOPMENT REVIEW SUMMARY Project: McFadden - B Street Retail Center Location/District: 17311 McFadden (CG-PUD) Action: Approve the development of a 3892 square foot retail center District Requirement Proposed Building: Front Setback 15 feet 5 feet Side Setback none n/a Rear Setback none n/a Gross Square Footage n/a 3,892 Net Floor Square Footage n/a n/a Height 35' 18' Number of Stories 3 1 ea'r"th'~o'ne colors Materials/Colors stucco 7 split face Lot Size 3,000 sq. ft. ~ 14,000 Lot Coverage 100 % Parking: Number of Spaces 19 19 Ratio (space/square footage) 1/200 sq.ft. Percent of Compact Spaces 20% 16% Type n/a at grade Uses: retail center Number of Public Notifications (Owners): 38 Environmental Status Negative Declaration * No Standard 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. 2265 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF TUSTIN, APPROVING USE PERMIT 85-19 AND VARIANCE 85-6 AUTHORIZING THE DEVELOPMENT OF AN APPROXIMATE 3800 SQUARE FOOT RETAIL CENTER AT THE NORTHEASTERLY CORNER OF MCFADDEN AVENUE AND "B" STREET The Planning Commission of the City of Tustin does hereby resolve as follows: The Planning Commission finds and determines as follows: Ae That a proper application, (Use Permit No. 85-19 and Variance 85-6) has been filed by Polsky & Nirsch requesting authorization to develop an approximate 3800 square foot retail center at the northeasterly corner of McFadden Avenue and "B" Street while varying with the requirements of the front yard set-back. B. That a public hearing was duly called, noticed and held on said application. Ce That establishment, maintenance, and operation of the use applied for will not, under the circumstances of this case, be detrimental to the health, safety, morals, comfort, or general welfare of the persons residing or working in the neighborhood of such proposed use, evidenced by the following findings: The proposed project is in conformance with the Zoning Ordinance and the Tustin Area General Plan. That the establishment, maintenance, and operation of the use applied for will not be injurious or detrimental to the property and improvements in the neighborhood of the subject property, nor to the general welfare of the City of Tustin, and should be granted. Proposed development shall be in accordance with the development policies adopted by the'City Council, Uniform Building Codes as administered by the Building Official, Fire Code as administered by the Orange County Fire Marshal and street improvement requirements as administered by the City Engineer. F: A Negative Declaration has been applied for and is hereby approved 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 20 21 22 23 24 25 26 27 28 Resolution No. 2265 page two The Planning Commission further finds pursuant to Section 9292 of the Tustin City Code that the variances as applied for, shall not constitute a grant of special privilege inconsistent with the limitations upon other properties in the vicinity and district in which the subject property is situated and that because of special circumstances applicable to the subject property, the strict application of the zoning ordinance is found to deprive subject property of privileges enjoyed by others in the vicinity and under identical zone classification. II. The Planning Commission hereby approves Conditional Use Permit No.85-19 and Variance 85-6 to authorize the development of a retail center at the northeasterly corner of McFadden Avenue and "B" Street subject to the conditions listed in Exhibit "A". PASSED AND ADOPTED at a regular meeting of the Tustin Planning Commission, held on the day of , 198 KATHY WEIL, Chairman DONNA ORR, Recording Secretary CONDITIONS OF AI~PROVAL USE ~£P. MIT 8~-19 EXHIBIT 'A' 10. Continuous 6" concrete curbs shall be provided between landscape planters and parking spaces and drive aisles. All roof equipment and vents must be screened from view. Landscape plans are required which shall include a planting plan and a complete irrigation plan 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 Separate permits are required for plumbing, electrical, grading, signing and any work performed within the public right-of-way. All work performed within the public right-of-way will require a permit from the city of Tustin Engineering Department. A master sign plan shall be submitted showing brown cabinets with tan backgrounds. A civil plan depicting all work within the public right-of-way shall be provided and referenced to all applicable city standard drawings. This plan shall be a separate drawing and show all proposed improvement including but not limited to the following: a. curb and gutter removal/replacement b. sidewalk removal/replacement c. drive aprons d. domestic water service location e. sanitary sewer lateral connections f. street lights g. street trees h. fire hydrants A final grading plan based upon benchmark datum of the Orange County Surveyor's office will be required. This plan should show all key finish elevations on the site as well as existing elevations of adjacent properties. The driveways as shown do not conform to city standards, either Std. 108 B or 108 E should be utilized. In the event the radius type drive is utilized an additional dedication will be required. Left turn ingress to the sight and egress from the site will not be allowed from the driveway fronting on McFadden Avenue. Right turns only will be permitted. Community Development Department Conditions of Approval page two 11. 12. 13. 14. 15. 16. 17. 18. 19. 20. EAst Orange County District fees will be required to be paid at the time a building permit is issued. Contact Earl Rowenhorst at Tustin Water Service for fee amounts. Orange County Sanitation District No. 7 sewer connection fees will be required to be paid at the time a building permit is issued. Fee amounts are $50.00/1,0-00 sq. ft. of building area less any previously paid fees for the residential use. The existing water meter should be relocated outside the driveway limits. Street lights may be required along McFadden Avenue. To obtain a street light layout please submit three prints of the site plan to So. Calif. Edison Co. (Archie Berry). The trash container enclosure shall be constructed of a minimum six-foot {6') high concrete block wall (to match the center) with solid gates to block the view of trash bins. In the event the city has established an Eastern Corridor Fee Program at the time a building permit is issued, this development will be required to pay the established fees. Fire hydrants shall be provided depending on existing locations and fire flow capabilities, as determined by the Orange County Fire Marshal. Wheelchair and handicap access shall be installed on-site and off-site in accordance with the State of California and city of Tustin Building Department standards. On-site security lighting shall be arranged so that direct rays will not shine on adjacent properties or produce glare for street traffic. All roof-mounted equipment, such as heating and air conditioning units, shall be completely screened from public view by architecturally compatible screening material, subject to the approval of city staff. The dedication of an additional ten foot wide strip of land adjacent to McFadden Avenue or the execution of an Irrevocable Offer of Dedication for same will be required. Community Development Department Planning Commission DATE: SUBJECT: APPLICANT: LOCATION: REQUEST: SEPTEMBER 9, 1985 EXTENSION OF USE PERMIT NO. 84-15 PROPERTY OWNER: WONG UNITED DEVELOPMENT 7 NEW MEADOW IRVINE, CA 92714 15582 'B" STREET EXTENSION OF USE PERMXT 84-1S FOR A PERIO0 OF SIX (6) MONTHS RECOMMENOEO ACTION: It is recommended that the Commission, by Minute Order, extend Use Permit 84-15 for six {6) months. Use Permit 84-15 would then expire on April 8, 1986. BACKGROUND & DISCUSSION: On October 8, 1984, the Commission approved Use Permit 84-15 authorizing development' of six (6) residential condominiums at 15582 South "B" Street. The current status of the project is that structural plan check has been completed and the building division is ready to issue building permits. However, several conditions of approval pertaining to the subdivision map have not been met. Specifically the Final Map has not been submitted in a form acceptable for recordation. The applicant anticipates that the Final Map will be submitted within the next two weeks. Even if the Final Map is submitted within a relatively short period of time, the project still might not be under construction by the October 8, 1985 expiration date. Therefore, it is recommended that the Commission grant a six {6) month extension for Use Permit 84-15 making the new expiration date April 8, 1986. JSD:em attachments: Report to Planning Commission (Sept. 24, 1984) Resolution No. 2184 ,, Community Developmenl Department Plann[n,g C, ornrniss[on PUBLIC HEARING DATE': SUBJECT: APPLICJtNT :_ SEPT~IBER 24, 1984 USE P[ILqIT 84-15 r,~AN ASSOCIATES 17581 IRYI~E ~YD., ~I~ 211 ~I~, ~ 92680 PROPERTY OWtlER: LOCATION: ZONING: EN¥IRONHEN'TAL STATUS: REQUEST: DISCUSSION: SIK ~ONG : 7 l~i I~:.AOOW IRYINE, ~ 92714 15582 "B" STI~E~ ~ULTIPL£ F~J(ILY IESIOEI(TIAL *~R-3-2000) A ~K~TIVE DECIJ~R.&~ION ~ BE~N APPLIED FOR I~ COMPLIANCE WZlll ll4E CALIFORNIA EJIYIRON~[NTAL QUALrTY ACT, AUll(ORIY-~TION TO C~NS'FRUC~T SIX (6) RI~SIDEI~TIJU- ~NDOMINIUM UNITS. An application for Conditional Use Permit has been submitted by Khan Associates on behalf of Mr. Sik Wong requesting authorization to construct six (6) residential condominium units on the property, located at 15582 "B" Street. A Use Permit is required for the development of condominiums in the 1-3 zone, and the project must conform to the development standards of the Planned Development District (Section 9224 of the City Code)' Slll~ AMALYSIS: The subject project is proposed to be built on a triangular shaped, 17,238 square foot lot and would replace an existing single family residence. The site is bounded by single family homes to the east, and a multiple family complex to the north. The homes, which front on South "C" Street, are estimated to be between 30-50 years old, and the multiple family complex was originall~c,,Used as military housing and is estimated to be at least as old as the homes on Street. To the west of the site, directly across "B" Street, is the Montesllla Mobile Home Part. Along the "B" Street frontage, there is a substantial amount of landscaping and several mature trees located on the site. Some of these trees will be displaced by the development. CoFamunity Development Department Planning Commission Report September 2¢, 1984 page two PROOECT ANALYSIS: the ro'ect meets all 'of the zoning regulations as provided in the As submitted, P J ......... ~--efore recommend project approval, , ment District ~lanned D~p .__ some ~evlations from the adopted develop?~t._guid~lf~e~; nowever, ~nere . . o en ar~lnq spaces are snow. ,=-,-v ..... Specific~ll~..t~ P - ~J- --~- -~-~ J4,th at its narrowest point is 23 feet in l~eu the stanaaro ~xzu, of the 27 foot standard. The deviation of the open parking space size does nbt present a problem in that there is adequate room for vehicular overhang. However, with only a 23 foot drive aisle, backing of vehicles from the garages may be impeded. Therefore, the architectural features that extend into the drive-aisle must be modified creating at least a 25 foot clear area between buildings. Of more importance than these minor deviations is that the site plan does not properly reflect the location of public improvements required by the City. Engineer. The Tentative Tract Map submitted in conjunction with this project correctly indicates the location of new sidewalk, curb and gutter~ Should the Commission approve this project, the site plan must be modified to agree with the Tentative Tract Map. The development of this project would displace five' mature trees {each at least 12" in diameter). Three other m~ture trees however could be saved. As a condition of approval, it will be recommended the trees marked [, 2 + 3 on Exhibit "B", be retained, and that the five trees lost be replaced with not less than five 48" box trees. These requirements shall be included in the project landscape plans and must be approved by the Director ~f Community Development prior to building permit issuance. Finally, a portion of the lot immediately to the north of the subject site may be a part of the I-5 freeway widening proJe6t. To mitigate any potential impacts of freeway related noise, it is recommended that the applicant be required to provide documentation from an acoustical engineer ensuring that in a worst case scenario, the complex will comply with the noise standards contained in the Tustin ~oise Ordinance. R£COI~iENDED ACTIO#: It is recommended Assistant Planner that Use Permit 84-15 be approved in Exhibit A attached. subject to the Conditions of JD:do attachments: Exhibit A - Conditions of Approval Exhibit B - Trees to be removed Exhibit C - Site Plan Exhibit D - Elevations Exhibit E Development Review Summary .... Community Development Depar;ment 10. 11. EXHIBIT COND~ION$ OF APPROY~L USE PIPIT The proposed project shall be developed in accordance with all applicable Building, Fire, and Health and Safety Codes adopted by the City of Tustin. A final grading plan based'-upon benchmark elevation datum as utilized by the Orange County Surveyor's Office must be submitted and approved prior .to issuance of building permits. Submittal of street improvement plans and construction of said improvements shall be required. These 'improvements will include but not be limited to the following: b) c) d) .e) f) h) street paving; curb and g~tter; sidewalks; driveway apron; water mains/fire hydrants/water service; sanitary sewer facilities; storm drain extension across frontage of paved; marbelite street lights with underground conduit; i) provision for underground cable television service; J) street trees. Payment of Orange County Sanitation District No. 7 sewer connection fees in the amount of $250.00 per dwelling unit at the time building permits are issued. Payment of East Orange County Water District fees in the amount of $500.00 per dwelling unit at the time building permits are issued. Submission of the Covenants, Conditions and Restrctions (CC&Rs) to the City Attorney's Office for approval is required. Payment of Partland Dedication Fees in the amount prescribed by City Ordinance shall be remitted prior to issuance of building permits. Payment of New Development Tax in the amount of $2,700.00 shall be remitted prior to issuance of building permits. Each residential unit shall be equipped with individual electric water and gas meters. That the location and construction of trash enclosures shall provide for access to and from the containers at all times for the franchise refuse service. The common trash container enclsoures shall be constructed of a minimum six-foot {6) high concrete decorative block wall with solid gates to block visibility of trash bins. The CC&R's shall contain restrictions against the conversion of garage spaces to any other use except the storage of motor vehicles. The City shall be a part of the CC&R's and any modification of the CC&R's concerning these conditions shall require approval by the City of Tusttn. , Community Development Deparlment USE P~RMIT 84-15 CONDITIO.NS OF APPROVAL Page 1~o- 12, Final building elevations which indicate specific construction materials and color schemes shall be submitted to the Planning Department for review and approval prior to the issuance of building permits, t3, A landscape and irrigation plan Incorporating specimen size trees and an automatic irrigation system shall be submitted to the Planning Deprtment for revte~ and approval prior to the landscape installation This plan shall include the retention of the trees indicated as l, 2 + 3 on ~'xhlbit "B" attached, and shall include at least five (5) 48" box trees to replace the mature trees displaced by construction. Occupancy of any unit will not be authorized until approved landscaping is in place. The developer shall comply with all construction requirements of the Orange County Fire Marshal's office which includes inst~llation of fire extinguishers and on-site private fire hydrants if necessary. A development plan shall be submitted to City staff, ~rior to issuance of building permits to detailing amenities provided within 'the common recreation area; i.e. spas, walkways, tot lots. 16. A six foot eight inch {6'B') high, concrete block wall shall be inst~lled along the property side yards of the project. However, the height of the wall along the northern property line may be constructed to a height up to eight feet (8'} as a sound attenuation wall for the recreation and patio areas if so reconmmnded by an acoustical engineer. 17. An analysis of the project shall be conducted by an acoustical engineer verifying that the project will comply with the City Ordinance No. 828 pertaining to noise. Included in this analysis will be consideration of impacts of the I-5 freeway widening project. .. ~8.' All roof top equipment shall be screened from public view. 19. The Final Tract Map shall be submitted, ready for recordation, prior to the issuance of building permits. At such time that construction of the units is complete, and all final inspections have been conducted, the Final Map shall be reviewed by the City Council for consideration of approval. I' Community DCVelOpmen~ Dcp~rtrnenT EXHIBIT "E" BEV~LOPME}IT ~¥IEW SUMMARY Project: ' ' ~- Locatlon/Ofstrict: 15582 S. "B" Street --- Acti on: R i ' ' ' Otst~ct ~equtre~en~ Building: Front Setback Side Setbac~ Rear Setbac~ Gross Square Footage Net FlOor Square Footage Hetght Number' of Stories Matert al s/Col ors Lot Size . Lot Coverage (project) 10' 800 sq'.ft./unit 30' max 3 lO,O00 sq.ft. 14,838 sq.ft, max. 1308 sq.ft/unit 2 17,238 sq.ft. 8,047 sq.ft. Par~tng: Number of Spaces Ratio (space/square footage) Percent of Compact Spaces Type Number of Public Notifications (Owners): Environmental-Status * No Standard 14 __?/,mit A ? O''p~ ~unit & 2 ques. t 0 0 12 garage/2 open 12 garage/2 open Apartments/Condominiums Condominiums 35 A Negative Declaration has been applied for. 5 6 ,7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 2~ 25 26 27 28 RESOLUTION NO. 2184 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF TUSTIN, APPROVING USE PERMIT 84-15 AUTHORIZING THE CONSTRUCTION OF SIX (6} RESIDENTIAL CONDOMINIUM UNITS AT 15582 SOUTH "B" STREET The Planning Commission of the City of Tustin does hereby resolve as follows: I. The Planning Commission finds and determines as follows: A. That a proper application, (Use Permit 8¢-15), was -filed on behalf of Sik Wong requesting authorization to construct six (6) residential condominium units at 15582 South "B" Street pursuant to the City of Tustin Planned Development District Regulations. B. That a public hearing was duly called, noticed and held on said application. C. That establishment, maintenance, and operation of the use applied for will not, under the circumstances of this case, be detrimental to the heal th, safety, morals, comfort, or general welfare of the persons residing or working in the neighborhood of such proposed use, evidenced by the following findings: 1. The use is in conformance with the land use element of the Tustin Area General Plan and the City of Tustin Zoning Ordinance as it pertains to the dewetopment of multiple family dwellings. 2. The design is in conformance with the provisions of the Planned Development District Regulations. 3. That the project conforms with the South Central Redevelopment Agency 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 general 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 and the Fire Code administered by the Orange County Fire Marshal, and street improvement requirements as administered by the City Engineer. F. A negative declaration is hereby approved in conformance with the California Environmental Quality Act. 1 2 3 4 5 6 7 8 9 10 11 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 RESOLUTION NO. 2184 October 8, 1984 page t~o II. The Planning Commission hereby approves Use Permit 84-15 subject to the conditions attached hereto as Exhibit "A": PASSED AND .ADOPTED at a~regular meeting of the Planning Commission held on the ~r~ day of ~____~, 1984. RONALD H. ~iHITE Chairman 80)~NA ORR Recording Secretary EXHIBIT "A' C0#DITI0#$ 0~ A~?R0¥AL/R£SOLDTI0~ ~O. 2184 USE PEP. NIT 84-15 3. 9. 10. 11. The proposed project shall be developed in accordance with all applicable Building, Fire, and Health and Safety Codes adopted by the City of Tustin. A final grading plan based upon benchmark elevation datum as utilized by the Orange County Surveyor's Office must be submitted and approved prior to issuance of building permits. Submittal of street improvement plans and construction of said improvements shall be required. These improvements will include but not be limited to the following: a) b) c) d) e) f) f) street paving; curb and gutter; sidewalks; driveway apron; water mains/fire hydrants/water service; sanitary sewer facilities; storm drain extension across frontage of paved; h) marbelite street lights with underground conduit; i) provision for underground cable television service; street trees. Payment of Orange County Sanitation District No. 7 sewer connection fees in the amount of $250.00 per dwelling unit at the time building permits are issued. Payment of East Orange County Water District fees in the amount of $500.00 per dwelling unit at the time building permits are issued. Submission of the Covenants, Conditions and Restrctions {CC&Rs) to the City Attorney's Office for approval is required. Payment of Parkland Dedication Fees in the amount prescribed by City Ordinance shall be remitted prior to issuance of building permits. Payment of New Development Tax in the amount of $2,700.00 shall be remitted prior to issuance of building permits. Each residential unit shall be equipped with individual electric water and gas meters. That the location and construction of trash enclosures shall provide for access to and from the containers at all times for the franchise refuse service. The common trash container enclsoures shall be constructed of a minimum six-foot (6) high concrete decorative block wall with solid gates to block visibility of trash bins. The CC&R's shall contain restrictions against the conversion of garage spaces to any other use except the storage of motor vehicles. The City shall be a part of the CC&R's and any modification of the CC&R's concerning these conditions shall require approval by the City of ?ustin. Community Development Department USE PERMIT 84-15 CONDITIONS OF APPROVAL Page two 12. Final building elevations which indicate specific construction materials and color schemes shall be submitted to the Planning Department for review and approval prior to the issuance of building permits. A landscape and irrigation plan incorporating specimen size trees and an automatic irrigation system shall be submitted to the Planning Deprtment for review and approval prior to the landscape installation . .Thi~B,plan.. shall include the retention of the trees indicated as 1, 2 + 3 on Exhibit attached, and shall include at least five (5) 48" box trees to replace the mature trees displaced by construction. Occupancy. of any unit will not be authorized until approved landscaping is in p.lace. 14. The developer shall comply with all construction requirements of the- Orange County Fire Marshal's office which includes installation of fire extinguishers and on-site private fire hydrants if necessary. yI~S'. A development plan shall be submitted to City staff, prior to issuance of - building permits to detailing amenities provided within the common recreation area; i.e. spas, walkways, tot lots. 16. A six foot eight inch (6'8") high, concrete block wall shall be installed along the property side yards of the project. However, the height of the wall along the northern property line may be constructed to a height up to eight feet {8') as a sound attenuation wall for the recreation and patio areas if so recommended by an acoustical engineer. 17. An analysis of the project shall be conducted by an acoustical.engineer verifying that the project will comply with the City Ordinance No. 828 pertaining to noise. Included in this analysis will be consideration of impacts of any I-5 freeway widening project(s). 18. All roof top equipment shall be screened from public view. 19. The Final Tract Map shall be submitted, ready for recordation, prior to the issuance of building permits. At such time that construction of the units is complete, and all final inspections have been conducted, the Final Map shall be reviewed by the City Council for consideration of approval. 20. That the site plan when submitted for structural plan check must show the location of public improvements in agreement with Tentative Tract Map 12273. 21. That the interior drive-aisle must maintain a clearance of at least 25 feet in width. Community Development DeparTment i / STATE OF CALIFORNIA) COUNTY OF ORANGE ) CITY OF TUSTIN ) DONNA ORR, the undersigned, hereby certify that I am the Recording · Commission of the City of Tustin, ~;cret~r~ of =he ~lan~l~__ No _~,e~/ w.s duly passed and California; that Keso/u~on · · · a regular%~e_}ingyof the Tus~.~/P an~ning Commlss~on, held on the Recording Secretary Pl nning Commission September 9, 1985 SUBJECT: REPORT ON COUNCIL ACTIONS - September 3, 1985 Oral presentation to be given by Donald O. Lan~a, Director of Community Oevelopment do Attachments: City Counctl Action Agenda - September 3, 1985 Action agenda not completed as of agenda deadline, will be hand delivered at meeting. ~., . Community Development DeparTment